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Due to pre-exsisting back, neck and knee issues made worse, why do I have to prove the accident created more problems?

Atlanta, GA |

My car was rear-ended while I was at a stop light. 10k plus damage to a 2009 Toyota Venza. I have several pre-existing medical problems which were made worse due to the accident. I don't feel the attorney i have wants to fight for me

Attorney Answers 11


  1. Schedule and appointment with your attorney and discuss the strategy. If you feel unsatisfied after the meeting contact other attorneys. Good luck.


  2. When you have pre-existing injuries, the insurer will try and argue that your injuries did not get caused by the accident. Strong medical evidence can refute that, so if your doctors have documented this well, your attorney should be able to work with that. If you are not happy with your attorney, talk with him first, and then considert a second opinion with other counsel.

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  3. Yes, your pre existing medical condition will be a factor in your case. The other side will use whatever arguments they can to limit your recovery. If you aren't happy with your attorney, you can always get another one, but first sit down with him or her and discuss the status and how he or she believes your prior medical problems will impact your case and your recovery. He or she has all of the details and is in the best position to answer your questions... Best of luck to you...

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  4. Whenever damages are evaluated in a personal injury case, the substantive question is: how is the victim worse after the negligence and what will it require to make him whole? Hence your attorney needs to show how your pre-existing conditions were worsened by the negligence. Meet face to face with your attorney. Share with him/her your reservations and grant them an opportunity to make it right.

    The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.


  5. Yes, of course you have to prove your damages and your lawyer likely explained this. The other party is generally liable for the damages they caused (including making other conditions worse) - not for all problems you had before the incident.


  6. Significant pre-existing injuries are almost always a hurdle to be overcome, but questions such as were your pre-existing injuries aggravated in this collision, whether you recovered from the earlier injuries and for how long, and so on are all questions that an experienced personal injury attorney will know how to address but unfortunately, even despite such legal arguments such as aggravation of pre-existing condition, egg-shell plaintiff, etc., having significant pre-existing injuries will not convince a jury your injuries were caused in this instance, and certainly won't convince the other drivers' insurance adjuster.


  7. You are free to get a new lawyer from Avvo. You simply send a termination letter to your old attorney.


  8. I am sorry to hear about your situation. I always recommend a person in your situation schedule an in person meeting with your attorney to get answers to your questions.

    However, under Georgia law, if I hurt you I am responsible. I am responsible for your medical expenses, lost wages, and pain and pain and suffering. What injury am I responsible for? Any injury I cause which includes if I aggravate a preexisting or dormant injury or condition you have at the time of the collision.

    To prove an aggravation injury, you will want to have any and all medical records surrounding any treatment you received for your preexisting injury or condition. You will want to provide these to your treating physician so that your physician can provide his opinion that the collision aggravated your preexisting injury or condition. Your physician must have a basis for his opinion and his opinion must be stated at least to a reasonable degree of medical certainty.

    I hope this helps. Best of luck.


  9. You should meet face to face with your attorney and let him/her know exactly how this accident has changed your life. It is a quality of life issue. Good luck.

    *This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


  10. Since you are making a claim for injuries the burden of proof is on you, in other words, you have to prove with medical evidence,that the car wreck either caused new injuries or aggravated pre existing conditions. If an injured person didn't have to prove their injuries then anyone could just say they were injured without proof. You should talk to your doctor and see if he will say the trauma from the wreck made your conditions worse. if he won't do that then you may have problems proving your injuries.


  11. The defendant driver and his insurance are only responsible for new injuries and old injuries to the extent aggravated by the accident. Hence the need for proof. This is an every day issue for an experienced injury lawyer and should not be a problem.

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