Can Pre-Existing Conditions Hurt Your Injury Case? Myths, Facts and Legal Protections
When you’re injured in an accident caused by someone else’s negligence, the last thing you want is for your medical history to complicate your personal injury claim. Insurance companies will absolutely try to use your medical history against you – but Georgia law gives you important protections, and a well-prepared case can turn that history into evidence for you, not against you. At The Jewkes Firm, we know that many injured Georgians worry about how pre-existing conditions might affect their case.
- Will the insurance company use my medical history against me?
- Will insurance companies or defense attorneys use your past health issues to reduce your settlement?
- Does a pre-existing condition mean I can’t recover compensation?
- How much of my medical history do they really get to see?
These are exactly the questions Attorney Jordan Jewkes addresses in his Peachtree Injury Talk podcast episode Pre-Existing Conditions in Georgia—Will They Use Your Medical History Against You? —and they’re some of the most common concerns we hear during consultations.
This article examines how pre-existing medical conditions influence personal injury claims. Together, the podcast and article complement one another: while the episode offers a conversational overview, this written guide serves as a resource you can refer back to whenever questions arise.
Watch or listen to the Peachtree Injury Talk episode Pre-Existing Conditions in Georgia—Will They Use Your Medical History Against You? for more on the eggshell plantiff rule.
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What is a “Pre-Existing Condition” in an Injury Case?
A pre-existing condition is any medical condition you had before the accident happened including:
- Prior back or neck injuries
- Arthritis or degenerative disc disease
- Old fractures, joint problems, or sports injuries
- Chronic pain conditions
- Previous concussions or head injuries
- Chronic illnesses that affect healing
Insurance adjusters and defense lawyers often seize on these conditions when defending against personal injury claims, arguing that the accident didn’t entirely cause your injury or that you are inflating the damages you seek.
The key legal question is not “Were you perfectly healthy?”
The real question is: “Did this new accident worsen your condition, trigger new symptoms, or cause new injuries?”
What Georgia Law Says About Pre-Existing Conditions in Personal Injury Cases
What Insurance Companies Don’t Want You to Know About Pre-Existing Conditions
Insurance companies frequently leverage pre-existing conditions to either deny or diminish the value of claims. However, the principle known as the eggshell plaintiff doctrine mandates that defendants are accountable for exacerbating any existing vulnerabilities a claimant may have. Georgia follows the “eggshell plaintiff” rule, which means a defendant must take the injured person as they find them—even if that person has a pre-existing vulnerability. This is significant because:
- If the accident made a pre-existing condition worse or caused further injury, you can recover damages for the additional harm caused by the accident.
- The fact you had a pre-existing condition does not prevent you from recovering compensation.
In other words, you don’t have to be perfectly healthy to have a valid claim. The law protects people whose injuries someone else’s negligence aggravates.
Georgia courts allow juries to award damages when an accident aggravates (worsens) a prior condition, or when new injuries are “superimposed” on an old problem.
Even Georgia’s workers’ compensation statute recognizes that an “injury” includes the aggravation of a pre-existing condition—a principle that reflects how Georgia law generally treats these situations.
How Pre-Existing Conditions Can Be Used Against You
In Georgia, the legal principle of comparative fault (also known as comparative negligence) is key. While this typically applies to shared fault in causing an accident, a similar mentality often comes into play concerning injuries and damages. Common methods include:
- Minimizing Liability. The defense might argue your current injury is just a flare-up of an old problem, not caused by the accident.
- Reducing Damages. They might say your pain and suffering or medical expenses aren’t as severe as you claim because they stem from your pre-existing condition.
- Challenging Causation. They may question whether your accident actually worsened your condition or if your existing condition would have caused those symptoms anyway.
What the Insurance Company Will Try to Do With Your Medical History
While the law is on your side in many ways, insurance companies still see your medical history as an opportunity to reduce or deny your claim. Common tactics include:
Blaming Everything on “Degenerative Changes”
Insurers love phrases like:
- “Age-related degeneration”
- “Wear and tear”
- “Pre-existing degenerative disc disease”
They’ll point to old MRIs or X-rays, or order new imaging, then argue that:
“Everything you’re complaining about was already there before the wreck.”
A good attorney’s job is to show what changed after the accident: increased pain, new symptoms, new treatment, loss of function, or the need for surgery.
Using Broad Medical Authorizations to Go on a Fishing Expedition
Adjusters often ask you to sign very broad medical releases that let them dig through years of your medical history including:
- Unrelated prior injuries
- Old ER visits
- Mental health records
- Primary care notes about other conditions
They’re looking for anything to argue:
- You were already hurt.
- You’re exaggerating or not credible.
- Other life events (not their insured’s negligence) caused your problems.
An experienced injury lawyer can limit these authorizations to what is reasonably related to your claim, instead of giving the insurer a blank check into your entire medical life.
Misusing Your Honesty Against You
You should never lie about prior injuries or conditions—but insurers will sometimes twist your honest disclosures to say:
- “You were already in pain, so this accident hasn’t changed your situation.”
- “You’ve had ongoing back issues for years; this is simply more of the same.”
Georgia law, however, focuses on whether the defendant’s negligence aggravated your condition, not whether you were perfectly healthy beforehand.
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How Georgia Juries Are Instructed About Pre-Existing Conditions
In Georgia, judges often use pattern jury instructions to explain how jurors should treat a plaintiff’s prior conditions. These instructions tell the jury that:
- A plaintiff may recover for injuries caused or aggravated by the defendant’s negligence.
- The defendant “takes the plaintiff as they find them.”
- The plaintiff cannot recover for injuries or disabilities that are completely unrelated to the incident.
So, the jury’s job often becomes:
- Decide whether the defendant was negligent.
- Decide what harm that negligence caused—including any aggravation of pre-existing conditions.
- Award fair damages for that harm (and only that harm).
When your case involves complex medical history, it’s crucial that your attorney understands how to request and argue for the correct jury charges so the jury is properly guided.
Importance of Medical Evidence and Documentation
To successfully overcome defenses based on pre-existing conditions, solid medical evidence is crucial. At The Jewkes Law Firm, we work closely with medical experts to:
- Establish a clear baseline of your pre-accident health
- Prove how the accident aggravated or worsened your condition
- Quantify the additional treatment and impact resulting from the accident
This documentation can neutralize arguments that your injuries “aren’t that bad” because they existed in some form before.
Your Medical History — Who Gets to See What?
In a Georgia personal injury case, your medical history usually comes into play through:
- Medical authorizations (HIPAA releases) requested by the insurance company
- Attorneys subpoena records once they file a lawsuit.
- Your own doctors’ records and testimony
- Defense medical exams (so-called “independent medical examinations”)
However, this doesn’t mean the insurer automatically gets:
- Every record you’ve ever had
- All mental health treatment records
- Completely unrelated medical history
Your lawyer can:
- Object to overly broad requests
- Narrow the timeframe or type of records
- Ask the court to limit what’s discoverable if it’s irrelevant or unfairly prejudicial
Having someone on your side who knows how far is too far can make a huge difference in protecting your privacy while still presenting the medical evidence you need.
Why You Should Be Completely Honest With Your Lawyer
Pre-existing conditions backfire when a client—out of embarrassment or fear—conceals past injuries or treatment.
That can be devastating when:
- The defense finds old records that you did not disclose.
- Your deposition testimony doesn’t match your medical history.
- The defense suggests you’re being dishonest with the jury.
At The Jewkes Law Firm, we need to know the full picture of your medical history so we can:
- Anticipate the insurance company’s arguments
- Get the right experts involved
- Show clearly what changed after the accident
- Turn your “weakness” (a prior condition) into a strength (proof of aggravation)
Attorney Jordan Jewkes previously worked as an insurance defense attorney, which means he knows exactly how the other side will try to use your prior conditions against you—and how to counter those tactics.
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“Before vs After” — Proving That the Accident Made Things Worse
“Before vs After” is a common theme in cases involving a pre-existing conditions. Your legal team may use:
- Before-and-after medical records that show your condition and level of pain before the incident as well as new diagnoses, objective findings, or increased pain after.
- Diagnostic imaging such as MRIs, CT scans, or X-rays that demonstrate new herniations, fractures, tears, or worsening degeneration.
- Treating physician testimony where doctors explain that the crash or incident more likely than not aggravated your condition or caused new injury.
- Functional changes that show you could work full time before and now you can’t or you could do household tasks or hobbies before and now you struggle.
- Witness testimony from family, friends, and co-workers who can describe how your life changed after the accident.
Georgia practitioners frequently rely on this kind of evidence to show that the defendant’s negligence increased your pain, disability, or need for treatment, even if you were already dealing with health issues.
Common Real-World Scenarios We See
Here are a few examples of how pre-existing conditions show up in Georgia cases:
Chronic low back pain + rear-end collision
- Before: manageable pain, occasional chiropractic care.
- After: constant pain, radiating symptoms, injections or surgery.
- Issue: Was the crash the reason your condition escalated?
Arthritis in the knees + fall in a store
- Before: stiffness, over-the-counter meds.
- After: torn meniscus, surgery, cane or walker.
- Issue: Did the fall turn a minor problem into a major disability?
Prior concussion + new head injury in a wreck
- Before: occasional headaches, no major limitations.
- After: memory issues, difficulty concentrating, missed work.
- Issue: Did the new trauma create a new brain injury or significantly worsen symptoms?
In each of these, the insurance company will focus on “what was already wrong,” but your case focuses on what changed because of their insured’s negligence.
What To Do After an Accident If You Have a Pre-Existing Condition
If you’re hurt in Georgia and you already had health issues, here are practical steps to protect yourself:
- Get medical care immediately. Don’t try to “tough it out.” Insurance providers often use delays in treatment against you.
- Tell your doctor the full truth. Be clear about your old symptoms and your new or worsened symptoms. Ask the doctor to document what is new or aggravated since the accident.
- Follow your treatment plan. Gaps in care and missed appointments are easy targets for the defense.
- Don’t sign broad medical releases for the insurance company. Talk to a lawyer first. You may be handing them ammunition.
- Document changes in your daily life. Keep a simple pain journal. Note what you can’t do now that you could do before.
- Talk with an attorney before giving a recorded statement. Insurance companies train adjusters to ask questions that downplay your injuries and highlight your pre-existing issues.
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How We Help Clients With Pre-Existing Conditions
Cases involving pre-existing conditions can be more complex. If you have a pre-existing condition and suffer injuries in an accident in Georgia, you need an experienced personal injury attorney who understands:
- How to counter defense strategies targeting your medical history
- How to present evidence that shows your current damages are a direct result of the accident
- How to negotiate with insurance companies that may try to reduce your claim
- How to frame your story so that juries and adjusters understand how this accident truly changed your life
Attorney Jordan Jewkes brings nearly two decades of experience and a background in insurance defense, giving him insight into how adjusters and defense lawyers analyze medical history and pre-existing injuries. At The Jewkes Firm, LLC, we represent clients all across Georgia, including Fayette County, Coweta County, and the greater Atlanta area. Our goal is to make sure your prior health issues are fairly accounted for, not unfairly used to minimize your recovery.
Worried They’ll Use Your Medical History Against You? Talk to Us.
Your pre-existing conditions may be part of your medical background, but they don’t define your right to fair compensation after an injury caused by someone else. Georgia law recognizes that injuries can compound existing problems and holds negligent parties responsible for the full extent of harm they cause.
If you’ve been hurt and worry about how your medical history might affect your case, don’t wait to get advice. Reach out to The Jewkes Firm Injury Lawyers at (770) 771-5130 for a complimentary consultation. We’ll help you understand your rights and fight to get you the compensation you deserve.
Frequently Asked Questions
Can a pre-existing condition hurt my personal injury case in Georgia?
Not necessarily. While insurers may try to use your medical history against you, Georgia law allows compensation when an accident aggravates or worsens a pre-existing condition.
Will I have to share all of my medical records?
No. You must only provide records reasonably related to the injuries caused or aggravated by the accident. An attorney can prevent insurers from accessing unrelated medical history.
Can insurance companies use my medical history against me?
Yes, defense attorneys may try to minimize damages by pointing to pre-existing conditions, but with the right legal help, these defenses can be overcome.
What is the “eggshell plaintiff” rule in Georgia?
This doctrine states that a negligent party must take the victim as they find them. If you were more vulnerable because of a prior condition, the at-fault party is still fully responsible for the damage they caused.
How do I prove that the accident aggravated my prior condition?
Working with medical experts who document your pre-accident health and the accident’s impact is crucial to establish causation and damages.
Should I speak to an attorney if I have a pre-existing condition and I'm injured in an accident?
Absolutely. An experienced personal injury lawyer like Attorney Jordan Jewkes can protect your rights and fight for fair compensation.
Should I tell my lawyer about my previous injuries?
Yes—always. Full honesty allows your lawyer to prepare for the insurance company’s arguments and prevent surprises during the claims process.
How can The Jewkes Firm help with cases involving pre-existing conditions?
We analyze your medical history, work directly with your doctors, and demonstrate exactly how the accident worsened your condition. Attorney Jordan Jewkes also has experience in insurance defense, giving you an advantage against adjusters and defense attorneys.
