How do I prove the accident caused new harm when I had a prior condition?

· 3 min read

Having a pre-existing condition does not bar recovery in Georgia. The task is to separate what the accident changed from what already existed, and to show that the crash caused new harm or made an existing problem worse. Georgia law allows recovery for that aggravation even where the underlying condition predated the event.

The eggshell rule and aggravation

Georgia follows the principle that a wrongdoer takes the injured person as found. If a person was more vulnerable to injury because of a prior condition, the defendant is still responsible for the full extent of the harm its negligence caused, even if a healthier person would have been hurt less. A defendant cannot escape liability by arguing the victim was already susceptible.

The flip side is the dividing line in the proof. A defendant is not responsible for the prior condition itself, only for what the accident added. So the central question becomes the difference between the person’s condition before the crash and after it. Recovery is available for the new injury or for the worsening, acceleration, or activation of a previously stable or dormant condition.

Building proof of the new harm

Distinguishing accident-caused harm from a pre-existing condition usually depends on a clear before-and-after picture. Helpful evidence includes:

  • Prior medical records establishing the baseline, showing how the condition looked and functioned before the accident.
  • Post-accident records documenting new symptoms, increased severity, or a need for treatment that did not exist before.
  • A physician’s opinion, stated to a reasonable degree of medical certainty, explaining how the accident aggravated or accelerated the condition and why the change is attributable to the crash rather than natural progression.
  • Comparative imaging or testing, where available, that shows a measurable change after the event.

The medical opinion is often decisive because the line between natural progression and accident-caused aggravation is a medical judgment. Because the admissibility of that opinion is governed by O.C.G.A. § 24-7-702, it must rest on a reliable method and the actual records rather than assumption.

It helps to be candid about the prior condition rather than to hide it. Concealment that surfaces later can damage credibility, while an honest baseline makes the contrast the accident produced more convincing.

The bottom line

A prior condition does not defeat a Georgia claim. By documenting the baseline, showing the new or worsened symptoms after the crash, and supporting the change with a physician’s reasonable-degree-of-certainty opinion, an injured person can prove the accident caused fresh harm or aggravated an existing condition, and recover for that added injury.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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