An Athens man was struck by another driver on the Oconee Connector, and although the other driver’s insurance company tried to downplay the collision as “not serious,” the accident had serious consequences. Our client had a lower-back injury that was stable and under control before the crash, but the impact aggravated his pre-existing condition and caused his pain and symptoms to significantly worsen. By overcoming the insurance company’s attempt to blame the injuries on his medical history, Michael Ruppersburg, our Athens car accident lawyer, secured a $50,000 settlement—the full policy limits of the at-fault driver’s Auto-Owners insurance policy.
Crash on the Oconee Connector
The crash happened on the Oconee Connector near its intersection with Highway 316. Our client was driving on the Oconee Connector towards 316 when a driver in the lane to his right suddenly changed into his lane, striking the passenger side of his car.
A Georgia State Patrol trooper investigated the crash, found the other driver at fault, and issued a citation for improper lane change in violation of O.C.G.A. § 40-6-123.
While the damage to either car didn’t look bad, it did do over $4,000 worth of damage to our client’s car.
Pre-Existing Conditions Don’t Excuse Negligence
Before the crash, our client had a lengthy history of lower back pain caused by spondylosis, osteophytes and stenosis at the L4-5 and L5-S1 levels in his lower back. Importantly, his condition was stable and successfully managed by:
- Exercise and physical therapy
- Epidural steroid injections in his lower back every 3-4 months to help manage the pain
He was able to work, remain active, and live his daily life with minimal pain.
After the crash, everything changed.
Extensive Treatment Following the Wreck
After the collision, our client required extensive medical care for his back pain:
- Emergency transport by National EMS to St. Mary’s Hospital
- Multiple rounds of physical therapy
- Prescription anti-inflammatory and pain medications
- Sacroiliac joint steroid injections for low back pain
- Multiple lumbar transforaminal epidural steroid injections at L4-5 and L5-S1
- Trigger-point injections into lower back muscles for pain relief
Our client had not required this level of treatment before the crash, showing how much worse the wreck made things.
Georgia Law on Aggravation of Pre-existing Condition
Under Georgia law, a negligent driver is responsible for aggravating a pre-existing condition and making it worse. Georgia courts use the following jury instruction in aggravation of pre-existing injury cases:
If you should find that, at the time of the incident, the plaintiff had any physical
condition, ailment, or disease that was becoming apparent or was dormant, and if you should find that the plaintiff received an injury as a result of the negligence of the defendant and that the injury resulted in any aggravation of a condition already pending, then the plaintiff could recover damages for aggravation of the preexisting condition to the extent that the preexisting physical condition is aggravated or exacerbated.
However, it’s up to the jury to decide whether an accident aggravated a pre-existing condition and they don’t have to take the injured person’s word for it. As a result, proving an aggravation of pre-existing condition usually requires:
- Medical records from before the crash showing no or minimal pain and medical treatment
- Medical records from after the crash showing an increase in pain and medical treatment
- Testimony from the doctor that the accident made the pain and symptoms worse
How We Secured The Settlement
We knew the insurance company would argue two things:
- This was not a bad wreck
- Our client’s injuries were caused by pre-existing conditions
To address these defenses, we secured a letter from our client’s orthopedist stating that our client’s pain was managed and under control before the accident and that the wreck aggravated his pre-existing conditions and made them worse and required additional treatment. This evidence was crucial in proving the other driver was responsible for aggravating our client’s condition.
We then prepared a settlement demand to the other driver’s insurance company for their $50,000 insurance policy limits, which they agreed to pay.
Frequently Asked Questions
Can I recover compensation if a car accident aggravated a pre-existing condition?
Yes. Under Georgia law, an at-fault driver is responsible for aggravating a pre-existing injury or condition. Even if you had back pain, disc disease, or another condition before the crash, you can still recover compensation if the accident made it worse or caused new symptoms.
The issue is whether the wreck made your condition worse — not whether you were perfectly healthy beforehand.
How do you prove a car accident aggravated a pre-existing condition?
Aggravation of a pre-existing condition is usually proven with medical evidence, including:
- Medical records showing the condition was stable or manageable before the crash
- Medical records showing increased pain, symptoms, or treatment after the crash
- Doctor testimony or opinions stating the accident worsened the condition
Insurance companies often argue the injury was “already there.” Medical documentation showing an increase in symptoms and treatment defeats that argument.
Will the insurance company deny my claim because of a pre-existing condition?
Insurance companies often try to deny or undervalue claims involving pre-existing conditions.
This is because cases involving pre-existing conditions can be difficult to win or obtain a fair settlement. It requires proof from your medical records and testimony from your doctor that the accident aggravated your condition and made it worse. Even then, it’s up to the jury to decide whether an accident aggravated a pre-existing condition.
Contact Us
If you or a loved one has been injured in a car accident, Ruppersburg Injury & Accident Attorneys can help. Contact us today at 706.354.1000 for a free consultation!