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In this episode of Peachtree Injury Talk, attorney Jordan Jewkes from the Jewkes Firm discusses the reality of injuries resulting from low-speed car accidents. Despite
Pre-Existing Conditions — Will They Use Your Medical History Against You?
Peachtree Injury Talk with Jordan Jewkes
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Pre-Existing Conditions — Will They Use Your Medical History Against You?
In this episode of Peachtree Injury Talk, attorney Jordan Jewkes discusses the impact of pre-existing conditions on personal injury claims. Jewkes explains that a pre-existing condition is an injury or medical issue existing before an accident, which can be aggravated by the new incident. Despite insurance companies often using pre-existing conditions to deny or reduce claims, the “eggshell plaintiff” rule holds defendants liable for worsening any prior vulnerabilities. He emphasizes the importance of honesty and full medical disclosure to effectively prove aggravation of prior injuries. Jewkes also notes that a previous injury can sometimes strengthen a claim if the accident caused additional harm. He advises those concerned about their medical history affecting compensation to consult an attorney to protect their rights and ensure fair recovery.
| 00:00 | Narrator: Welcome to Peachtree Injury Talk with attorney Jordan Jewkes. |
| 00:04 | Mike Leon: Hey everyone! Welcome back to a brand-new episode of Peachtree Injury Talk with Jordan Jewkes. I’m your host, Mike Leon. Jordan is dedicated to giving injured victims a voice and advocating strongly against an often broken system. With nearly two decades of legal experience — including time as a former injury defense attorney — Jordan knows exactly how insurance companies twist the facts to avoid paying fair compensation. Today’s topic is one that worries many injury victims: pre-existing conditions. Jordan, let me start with a basic question — what exactly is a pre-existing condition in a personal injury case? |
| 00:46 | Jordan Jewkes: Thanks, Mike. Great to be here as always. I love discussing these important issues to help inform the public. To answer your question: a pre-existing condition refers to an injury or medical issue that existed before the accident. For example, if a certain body part — like your neck, back, head, or shoulder — already had pain or prior medical treatment before the accident, that counts as a pre-existing condition. So, if I get in a car accident this week but had already been seeing a chiropractor for neck pain a few weeks ago, that neck pain is considered pre-existing. |
| 01:40 | Mike Leon: Interesting. So, can someone still file a claim even if they already had a medical issue before the accident? |
| 01:46 | Jordan Jewkes: Absolutely — and they should. Insurance companies are obligated to pay claims when an accident aggravates a pre-existing condition. Most states recognize this principle. The problem is insurance companies often try to deny or minimize claims by claiming the pain is from the pre-existing condition, not the accident. But the truth is, a pre-existing condition can be made worse even by a low-impact accident. In fact, having a pre-existing injury can sometimes strengthen your case, because it means you were more susceptible to injury. That can increase the value of your claim. |
| 02:45 | Mike Leon: You mentioned insurance companies — can you explain how they use pre-existing conditions to reduce or deny claims? |
| 03:01 | Jordan Jewkes: Definitely. Insurance companies usually review your medical and claims history, looking for anything they can call a pre-existing condition or a ‘defense’ to limit what they pay. They have access to vast claims databases, so if you reported a neck injury from a previous accident years ago, the insurance company knows about it. They might say something like, “This injury isn’t from the recent accident; it’s from one five years ago.” Often, they’ll also demand extensive medical records from years prior to dig in further. They try to play the blame game, saying you caused or contributed to your own injury because of your prior medical history. |
| 04:55 | Mike Leon: You said ‘neck injury’ quite a few times — my neck’s starting to bother me just listening! |
| 04:59 | Jordan Jewkes: (laughs) I hear you! |
| 05:00 | Mike Leon: Let's talk about something very relevant to Georgia law — the "eggshell plaintiff" rule. Can you explain what that means? |
| 05:12 | Jordan Jewkes: Sure! The “eggshell plaintiff” rule means that a defendant is responsible for the plaintiff’s injuries, no matter how fragile or vulnerable the plaintiff was before the accident. So if someone has a pre-existing condition—like neck surgery—and they get in a wreck, even a minor one that causes additional injury, the defendant is still liable for making that condition worse. Think of it like Humpty Dumpty — not everyone cracks when they fall off the wall, but if he cracks because he’s fragile, the person responsible for the fall has to take responsibility for those damages. |
| 06:41 | Mike Leon: How should someone prove the accident aggravated their pre-existing condition? |
| 06:49 | Jordan Jewkes: Honesty is key. You need to be upfront about your medical history. Medical records often show a timeline — after surgery or treatment, there’s usually a period where you’re better and asymptomatic. If after an accident your symptoms return or worsen, those records can show the aggravation. For instance, someone who had neck surgery might have follow-up visits and physical therapy, then report being mostly symptom-free. If after a wreck those symptoms flare up again, that’s proof the accident aggravated the pre-existing condition. You’re not claiming the earlier injury is from the new accident—it’s the worsening of that prior injury because of the new event. |
| 08:15 | Mike Leon: Should clients always disclose their full medical history to their attorney? |
| 08:19 | Jordan Jewkes: Yes, 100%. We ask every client to be upfront and list all prior conditions. This helps us properly gather medical records and build the strongest case possible. If a client hides or forgets pre-existing conditions, it hampers our ability to fight the insurance company. The more honest and thorough they are, the better position we’re in to maximize the case’s value. |
| 09:04 | Mike Leon: Do people often forget or fail to disclose pre-existing conditions? What common mistakes do you see? |
| 09:21 | Jordan Jewkes: It happens a lot, especially if the prior injury took place many years ago. People tend to move on and forget about past accidents or minor treatments. Sometimes records get lost during moves or changes in doctors. Unfortunately, a few try to hide information hoping the insurance company won’t find out. But insurance companies have extensive resources and usually uncover any prior injuries, even those the client forgot about. |
| 10:26 | Mike Leon: Can a previous injury actually strengthen a case if the accident made it worse? |
| 10:36 | Jordan Jewkes: Absolutely. Past injuries don’t always weaken a claim. Sometimes they make it stronger. For example, I’ve worked with clients who had back or neck surgeries years ago, recovered well, and then after a new accident, their pain returned to the prior worse level. That shows the accident aggravated their injury and supports their claim. If someone was healthy and active again, and the wreck set them back, that’s a strong case to pursue. |
| 11:56 | Mike Leon: Jordan, what advice would you give to someone worried their medical history might hurt their chances of a fair recovery? |
| 12:10 | Jordan Jewkes: Great question, Mike. If you’re concerned about pre-existing conditions hurting your claim, the best thing you can do is talk to an attorney. We can evaluate your specific situation and explain your options. Not every case will be perfect, but if you’ve been injured and had prior conditions, your rights are just as important as anyone else’s. You deserve fair compensation for the harm done. |
| 12:45 | Mike Leon: Thanks so much for your insights today, Jordan. We appreciate it. |
| 12:49 | Jordan Jewkes: Thanks for having me again, Mike. And thank you to everyone listening to Peachtree Injury Talk. |
| 12:55 | Mike Leon: If you’ve been injured and have a pre-existing condition, don’t let insurance companies bully you into silence. Visit jewkesfirm.com — that’s J-E-W-K-E-S firm dot com — for real advice from a team that knows how to fight and win. Thanks for watching! Please like, leave a review, and subscribe to the show so you don’t miss future episodes. |
| 13:17 | Narrator: Thanks for watching. Be sure to hit that like and subscribe button and leave us a review in the comments. |
Podcast Topics
- What is a Pre-Existing Condition?
- How Insurers Use Medical and Claims History
- The Eggshell Plaintiff Rule in Georgia
- Proving the Accident Aggravated a Pre-Existing Condition
Peachtree Injury Talk
Peachtree Injury Talk is a podcast by Kevin Rosenquist featuring legal insights and practical advice from Georgia-based attorney Jordan Jewkes. The show focuses on personal injury law, offering listeners expert guidance on navigating insurance claims, understanding legal processes, and protecting their rights after an accident. Each episode dives into real-life case examples, common challenges injured individuals face, and actionable tips for dealing with insurance companies and legal hurdles.
Pre-Existing Conditions — Will They Use Your Medical History Against You?
Episode Summary
In this episode of Peachtree Injury Talk, attorney Jordan Jewkes discusses the impact of pre-existing conditions on personal injury claims. Jewkes explains that a pre-existing condition is an injury or medical issue existing before an accident, which can be aggravated by the new incident. Despite insurance companies often using pre-existing conditions to deny or reduce claims, the “eggshell plaintiff” rule holds defendants liable for worsening any prior vulnerabilities. He emphasizes the importance of honesty and full medical disclosure to effectively prove aggravation of prior injuries. Jewkes also notes that a previous injury can sometimes strengthen a claim if the accident caused additional harm. He advises those concerned about their medical history affecting compensation to consult an attorney to protect their rights and ensure fair recovery.
Timestamps
00:00 – Introduction to Peachtree Injury Talk
00:10 – About Jordan Jewkes
00:36 – What is a Pre-Existing Condition?
01:43 – Insurance Companies’ Approach to Pre-Existing Conditions
02:41 – How Insurers Use Medical and Claims History
04:40 – The Eggshell Plaintiff Rule in Georgia
06:49 – Proving the Accident Aggravated a Pre-Existing Condition
08:19 – Importance of Disclosing Medical History to Your Attorney
09:00 – Common Mistakes in Disclosing Pre-Existing Conditions
10:15 – Can Past Injuries Strengthen Your Case?
11:56 – Advice for Clients Concerned About Pre-Existing Conditions
12:45 – Closing Remarks and Call to Action
About the Show
Peachtree Injury Talk is hosted by attorney Jordan Jewkes, who is dedicated to giving injury victims a voice and fighting for their rights against an often unfair system. Each episode provides valuable legal insights and practical advice for those navigating personal injury claims.
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Understanding Pre-Existing Conditions in Personal Injury Cases
Pre-Existing Conditions — Will They Use Your Medical History Against You? covers the often confusing issue of pre-existing conditions in personal injury cases. Jordan, an experienced attorney with nearly two decades of practice, explains that pre-existing conditions are injuries or medical issues that existed prior to an accident. For example, if someone had neck pain or prior treatments before a car crash, doctors consider that pain pre-existing.
Filing Claims Despite Pre-Existing Conditions
Jordan reassures injury victims that they can still file claims even with pre-existing conditions. Insurance companies, however, often attempt to minimize or deny claims by attributing injuries to prior conditions, rather than the accident. This is where Jordan emphasizes the importance of understanding that pre-existing conditions can actually strengthen a case. The vulnerability of an individual with a pre-existing injury can make them more susceptible to additional harm, which might increase the value of their claim.
How Insurance Companies Exploit Pre-Existing Conditions
Mike probes how insurance companies exploit pre-existing conditions to reduce claims. Jordan reveals that insurance companies have extensive access to medical and claims databases, allowing them to dig up previous injuries and use them to deny responsibility for new injuries. They may argue that the current injury is simply a continuation of a past problem, often demanding detailed medical records to strengthen this defense.
The “Eggshell Plaintiff” Rule Explained
A key legal principle discussed in the episode is the “eggshell plaintiff” rule, which holds that defendants are responsible for the full extent of the plaintiff’s injuries, even if they are more vulnerable due to a pre-existing condition. This rule ensures that if someone with a fragile condition, like a past neck surgery, suffers worsened injuries in a new accident, the defendant is still liable for the aggravated harm.
Proving Aggravation of Pre-Existing Conditions
To prove that an accident aggravated a pre-existing condition, Jordan stresses the importance of honesty and transparency with medical histories. Medical records play a crucial role in showing a timeline of symptoms before and after the accident. For instance, if someone had surgery and was asymptomatic for years, but then after an accident, their symptoms return or worsen, that can demonstrate how the accident caused an aggravation.
Importance of Full Disclosure to Your Attorney
Jordan also advises clients to fully disclose their medical history to their attorney. Withholding information can weaken a case. Insurance companies skillfully uncover prior injuries. Additionally, Jordan notes that while people often forget or overlook past injuries, even minor treatments, it’s essential to remember that full disclosure helps attorneys build the strongest case possible.
Prior Injuries Can Strengthen Your Claim
Finally, Jordan reassures listeners that a prior injury does not automatically weaken a case. In some situations, a previous injury can strengthen a claim if the accident caused it to worsen. If someone had recovered from a past injury and then had a setback after a new accident, that could form the basis of a strong case.
Seek Legal Advice for Your Personal Injury Claim
The episode concludes with Jordan urging anyone concerned about how their medical history might impact their personal injury claim to consult an attorney. He reminds listeners that they deserve fair compensation, regardless of any pre-existing conditions. For more information, reach out to The Jewkes Law Firm at (770) 771-5130.
Listen to the Podcast
This show is designed to deliver general information regarding the law. Our guests will not provide tailored legal advice. If you have a personal issue and need legal support, get in touch with us for a free consultation with a Jewkes Firm attorney.
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