Settlement Overview
An Athens, Georgia man was injured when another driver rear-ended his vehicle. The wreck caused a torn labrum in his shoulder and aggravated pre-existing conditions in his lower back, requiring extensive treatment including physical therapy and spinal injections.
Before our Athens car accident lawyers filed a lawsuit, State Farm’s highest offer to settle the case was just $8,858. The case ultimately resolved for the other driver’s $100,000 policy limits.
Case Summary
Location: Athens-Clarke County, Georgia
Accident Type: Rear-end collision
Injuries:
- Aggravation of prior lower back fusion surgery
- Superior labral tear in the shoulder
- Partial rotator cuff tears
Insurance Company’s Best Offer Before Lawsuit: $8,858
Result: $100,000 policy limits
Key Takeaways
- You can recover compensation even if a crash aggravates a pre-existing injury.
- Proving an accident aggravated a pre-existing condition often requires medical records from before the crash and testimony from your doctor.
- If you’re injured while driving for work, you have both a worker’s compensation claim and a personal injury claim.
- Worker’s compensation will pay your medical bills and some of your lost income. In a personal injury case, you can seek compensation for all of your lost income and pain and suffering.
The Crash
Our client was working and was on his way to a sales appointment. He was stopped in traffic on the Atlanta Highway when another driver rear-ended him. The other driver apologized for the wreck and admitted that she was distracted by her phone, so liability was not an issue in this case.
Injuries Diagnosed After the Car Accident
Our client initially thought he was fine, but when he woke up the next morning, he had:
- Headaches
- Neck pain
- Left shoulder pain
- Lower back pain
- Numbness and tingling in his right leg
He went to a local urgent care clinic, which advised him to see an orthopedist, which he did the very next day. The doctor ordered MRIs of his lower back and shoulder to evaluate the extent of his injuries.
MRI Findings
MRI imaging revealed significant injuries to both the shoulder and lumbar spine.
Shoulder MRI findings:
- Superior labral tear
- Partial tears of the supraspinatus and subscapularis tendons
- Rotator cuff tendinosis
Lumbar MRI findings:
- L4-5: Spinal stenosis, disc bulge, and facet arthropathy
- L5-S1: retrolisthesis causing bilateral foraminal stenosis
Medical Treatment
Our client’s treatment included:
- Pain medication and anti-inflammatories
- Extensive physical therapy
- Steroid injections in the shoulder
- Multiple epidural steroid injections in the lumbar spine
Aggravation of Pre-Existing Condition
Our client was in a bad car wreck 20 years ago that hurt his lower back, resulting in a lumbar fusion surgery. He recovered well from the surgery and led an active and healthy life. Over the last several years he began developing lower back pain but was able to control it with exercise and the occasional epidural steroid injection.
After the wreck, his back pain became much worse. It was painful to sit in a desk chair, drive and work around his house and yard. He couldn’t exercise, play basketball with his son or golf with his friends. After nearly a year of treatment, his back finally got better.
How We Maximized the Recovery
Insurance companies often attempt to minimize claims when an injured person has pre-existing medical conditions.
We focused on the medical evidence showing that the crash worsened our client’s lumbar spine condition and caused a new shoulder injury.
Our firm documented:
- Medical records proving his pain and symptoms worsened after the accident
- Extensive treatment following the crash
- The ongoing impact of the injuries on his daily life and work
The case ultimately resolved for the $100,000 policy limits available under the at-fault driver’s insurance policy.
Defeating Worker’s Compensation Claim for Repayment
Because our client was working when he was injured, he had both a worker’s compensation claim and a personal injury claim. His worker’s compensation claim was with his employer and his personal injury claim was against the other driver and their insurance company.
In a situation like this, worker’s compensation is required to pay for all of the injured person’s medical treatment from the accident. If the injured person files a personal injury claim, worker’s compensation usually seeks to recover the medical bills it has paid from the personal injury settlement. This is called subrogation. However, Georgia law O.C.G.A. § 34-9-11.1(b) only allows worker’s compensation to be made whole if the injured person has been “made whole.”
We argued that the other driver only had $100,000 in insurance and that our client’s injuries were worth significantly more than that and the worker’s compensation carrier dropped its repayment claim, maximizing our client’s financial recovery.
Georgia Law on Aggravation of Pre-Existing Condition
When a crash aggravates a pre-existing injury, Georgia law still allows the injured person to recover compensation. The law requires the at-fault driver to take the injured person as they find them, meaning they are responsible if a crash makes a condition worse.
However, it can sometimes be difficult to prove an accident aggravated a pre-existing condition. You must be able to prove that the pre-existing condition was either asymptomatic before the crash or that the collision significantly worsened the symptoms. Winning a case involving aggravation of a pre-existing condition often requires medical evidence from your doctor.
Frequently Asked Questions About Athens Car Accident Cases
Can an Athens resident recover compensation if a crash worsened a pre-existing injury?
Yes. Georgia law allows injured people to recover compensation when a crash aggravates a pre-existing condition. The at-fault driver is responsible for the additional harm caused by the collision.
What is a labral tear in the shoulder?
The labrum is cartilage that stabilizes the shoulder joint. A tear can cause pain, weakness, and instability and often requires imaging such as an MRI for diagnosis.
What happens if I’m injured in a car accident while working?
If you are injured in a car accident while working, you may have two separate legal claims: a worker’s compensation claim and a personal injury claim.
Worker’s compensation typically covers your medical treatment and a portion of your lost wages, regardless of who caused the crash. In many cases, these benefits are paid through your employer’s worker’s compensation insurance.
At the same time, if another driver caused the accident, you may also have a personal injury claim against the at-fault driver and their insurance company. A personal injury claim can allow you to recover damages that worker’s compensation does not cover, such as pain and suffering, and the full amount of your lost income.
Because these two claims often interact—especially when worker’s compensation seeks repayment from a personal injury settlement—it is important to understand how the laws governing subrogation and the “made whole” doctrine apply under Georgia law.
Talk to an Athens Car Accident Lawyer
If you were injured in a car accident in Athens, Georgia, you may be entitled to compensation for your medical treatment, lost income, and pain and suffering.
Ruppersburg Injury & Accident Attorneys represent people injured in crashes throughout Athens-Clarke County and Georgia. We investigate the accident, gather medical evidence, and build a case designed to recover full and fair compensation.
Contact us for a free consultation about your case.