Pre-Existing Conditions And Atlanta Car Accidents: Can Insurers Use Your Medical History Against You?
If you were in an Atlanta car accident and had a prior injury or health condition, it can complicate your insurance claim. Insurance companies use pre-existing conditions as one of their most reliable tools to reduce or deny compensation, even when a crash clearly worsens them.
Our experienced Atlanta car accident lawyer provides trusted counsel and professional representation to clients in these cases. Find out common types of chronic health issues that can be aggravated by a collision and the ways insurers may try to use your condition against you.
Common Pre-Existing Conditions That Are Aggravated In Atlanta Car Accidents
Atlanta car accidents pose significant risks, especially on busy streets like Peachtree or Ponce De Leon Avenue, as well as on I-75 and other major interstates. If you suffer certain types of pre-existing conditions, the impacts of even a minor collision can be severe.
The Centers for Disease Control and Prevention (CDC) reports that over 60 percent of Americans live with at least one chronic health condition. This does not disqualify you from filing a Georgia car accident claim, but it can make it more challenging.
Insurers often use pre-existing conditions to deny compensation, claiming they are to blame for any impacts you suffer. However, a crash can aggravate underlying issues:
- Prior back or neck injuries, such as herniated discs and degenerative disc disease, are highly vulnerable to re-injury.
- Arthritis and joint conditions can worsen significantly after a collision.
- Prior traumatic brain injuries increase vulnerability to further neurological damage.
- Heart conditions may be exacerbated by the physical and psychological stress of a serious accident.
- Anxiety, depression, and PTSD can reactivate or intensify after a traumatic crash.
The key to protecting your Atlanta car accident claim is establishing your baseline condition and any measurable changes after a crash.
How Insurers Use Pre-Existing Conditions to Dispute Atlanta Car Accident Claims
Georgia follows the legal theory of modified comparative negligence. This means that if insurance companies can prove a pre-existing condition is even partly to blame for harm you suffer after an Atlanta car accident, they can deny or reduce compensation. Common tactics they often employ:
- Searching through decades of medical records, looking for something to pin your symptoms on.
- Minimizing ways in which a crash may have aggravated your condition.
- Downplaying any pain or limitations you experience.
- Using delayed medical care or gaps in treatment to dispute the severity of harm suffered.
Insurers are skilled at finding reasons to deny or dispute claims, and pre-existing conditions can make it easier for them. To protect your rights to compensation, get professional legal help today.
Contact Our Experienced Atlanta Car Accident Lawyers
Atlanta car accidents can aggravate underlying pre-existing conditions, making them significantly worse. Shiver Hamilton Campbell represents victims and protects their rights when dealing with insurers, helping them get the total amount they are entitled to in a claim.
To request a consultation, contact our experienced Atlanta car accident lawyers. We represent clients in Decatur, Sandy Springs, Marietta, Roswell, and throughout DeKalb, Fulton, and Gwinnett Counties.
Sources:
cdc.gov/chronic-disease/about/index.html
legis.ga.gov/api/legislation/document/20192020/190076
