How We Secured $600,000 for Truck Crash Victims Accused of Having Pre-Existing Injuries
Why Insurance Companies Try to Undermine Injury Claims—and What You Can Do About It
Two of our clients were struck by a truck in Georgia, suffering serious harm and vehicle damage. Although the trucking company’s legal team tried to use the clients’ pre-existing medical conditions to reduce the value of their claims, we successfully resolved the case for a combined $600,000—$300,000 for each client—after mediation.
This case result is a reminder of a common insurance tactic: blaming your pain on the past. But under Georgia law, a prior medical condition doesn’t prevent you from seeking compensation when a truck crash makes that condition worse—or creates new injuries entirely.
If you were hurt in a crash and have a history of medical issues, don’t assume you’re out of options. A skilled Georgia truck accident lawyer from Gary Martin Hays & Associates can help push back against these defenses and fight for the compensation you’re truly owed.
Trucking Companies Often Use Prior Medical Conditions Against Victims
Insurance companies are in the business of minimizing payouts. One of their favorite strategies is combing through your medical records to claim your injuries weren’t caused by the crash at all. They might argue:
- Your back pain existed before the wreck
- Your joint issues stem from age or a prior injury
- Your symptoms are unrelated or exaggerated
In reality, truck crashes often aggravate old injuries or turn manageable conditions into serious problems. Even if you were living with mild discomfort before, the collision may have pushed you into a world of chronic pain, reduced mobility, or new medical interventions like surgery or physical therapy.
Under Georgia law, you still have the right to compensation if a truck accident makes a pre-existing condition worse.
What the Law Says About Pre-Existing Conditions in Georgia Injury Cases
Georgia follows the "eggshell plaintiff" rule. That means the at-fault party must take the victim as they find them—including any existing medical vulnerabilities. If you had a back injury from years ago and a truck crash aggravates it, the trucking company may still be held fully responsible for the added harm.
In legal terms, the question is not whether you were in perfect health before the crash. It’s whether the crash caused a new injury or made an old one worse. Medical documentation, doctor testimony, and a clear timeline of your symptoms can be used to prove that connection.
Proving Injury Aggravation After a Truck Crash
To fight back against insurers trying to downplay your injuries, your legal team must build a strong medical narrative. This includes:
- Your full medical history to show the difference between pre- and post-crash conditions
- Expert testimony from doctors who can explain how the crash worsened your injury
- Diagnostic imaging and treatment records from after the wreck
- Daily function comparisons (i.e., what you could do before vs. after the crash)
Truck accident victims with pre-existing conditions should never feel pressured to settle for less. The burden isn’t on you to prove you were perfectly healthy before the crash—it’s on the insurance company to prove the accident didn’t make things worse.
How Crash Aggravation Affects Daily Life and Damages
It’s not just about medical records—aggravated injuries often change how you live your life. Maybe you used to work full-time, care for your children, or go on daily walks. After the crash, even basic routines may become painful or impossible.
This drop in quality of life can support claims for non-economic damages like pain and suffering, emotional distress, and loss of enjoyment. Your legal team can use journals, witness statements, and expert evaluations to show how your life was impacted in ways that go beyond X-rays or MRI scans.
Why These Claims Are So Heavily Disputed
Truck accidents often involve high policy limits—and serious injuries. That’s a combination insurance carriers don’t like. When medical costs, lost income, and long-term care start adding up, they look for ways to blame anything but the crash.
Victims who’ve had prior surgeries, chronic conditions, or even physical therapy in their history are easy targets. But a smart legal strategy can neutralize these arguments by showing:
- The crash was a direct cause of your worsening condition
- You required little or no care before the wreck
- Your ability to work, move, or function dramatically declined afterward
The Role of Mediation in Truck Accident Cases With Prior Injuries
In this case, we secured a strong result—$600,000 total—through mediation. That process can be especially effective in disputed injury cases. Mediation gives both sides the opportunity to present evidence, assess risk, and reach a resolution without the uncertainty of trial.
A successful mediation depends on careful preparation, including thorough medical timelines, expert reports, and clearly calculated damages. While not every case settles this way, mediation can offer a faster, more predictable path to compensation when used strategically.
Why Quick Settlements Often Undervalue Aggravated Injuries
Insurance companies often push quick settlements—especially when they think they can blame injuries on your past. But early offers rarely reflect the long-term cost of aggravated conditions. What looks like a “minor” back issue now could lead to years of physical therapy, injections, or even surgery.
Accepting a lowball offer before your injuries fully develop can leave you paying out of pocket for care that should have been covered. That’s why it’s so important to work with a truck accident lawyer who understands both the medical and legal sides of these claims.
How a Georgia Truck Accident Lawyer Can Help
If you're facing an uphill battle due to your medical history, don’t face the insurance company alone. At Gary Martin Hays & Associates, we’ve helped many clients stand up to these tactics—and win. We work with medical experts, gather all necessary documentation, and craft persuasive cases that make it clear: this wreck changed your life.
Whether your injuries involve aggravated back pain, worsened joint damage, or new complications layered onto a past condition, you deserve fair compensation. Don’t let the trucking company erase the impact of the crash by rewriting your history.
Let our Georgia truck accident lawyers evaluate your case and explain your legal options—even if you’ve had past injuries. We’ll fight to prove what this crash truly cost you and demand every dollar you’re entitled to. Contact us today for a free consultation.
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