A violent head impact on I-185 or a sudden fall at a Columbus worksite can leave you facing steep medical bills and a long recovery. As part of reviewing a claim, insurance adjusters may examine past medical records, including records of concussions, sports injuries or chronic migraines.
This medical history can become part of the discussion about whether a current injury relates to the accident or a preexisting condition. Georgia law, however, places limits on how preexisting conditions may affect a personal injury claim.
Georgia law protects victims with prior health issues
Georgia courts follow a rule called the eggshell plaintiff doctrine. This rule means at-fault drivers must take victims as they find them. If a distracted driver runs a light on Veterans Parkway and causes a new brain injury, the driver may be responsible for the full extent of that injury. This can apply even when a past head injury made you more likely to suffer serious brain damage.
A key part of a case involves showing the difference between your health before the crash and your symptoms afterward. Comparing older medical records from providers such as Piedmont Columbus Regional with new neurological tests can help show these changes. The records may reveal new brain bleeding, memory problems or other changes in brain function.
Working with a local personal injury lawyer can help gather these medical records and show how the crash relates to your current symptoms.
Actions that strengthen your brain injury case
Taking certain steps after a vehicle crash can help protect your legal rights and show how the other driver caused your injuries.
- Sharing your full medical history with your doctors can help prevent questions about whether you hid past concussions or other injuries.
- Keeping a daily symptom journal can show how your brain function changed after the crash.
- Following your doctors’ treatment plans can show that your current health problems are linked to the new injury.
Keeping clear records can provide strong evidence of how the crash affected your health, finances and daily life.
Standing up to insurance company pushback
Protecting your health history from unfair use by an insurance company can help you recover lost wages and cover future medical care. Challenging an unfair denial may require strong medical evidence and a clear understanding of Georgia personal injury laws.