Insurance companies often try to deny auto accident and workers’ compensation claims on the allegations that the claimant’s condition is preexisting. However, under the law, it is not necessary for  you to be in perfect health or free from disease at the time you receive an injury. This is called the eggshell plaintiff rule.


A common example of this is when someone has a preexisting back condition. As we age, we develop degenerative changes in our spine. Most physicians agree that you can have these changes such as herniated discs without having symptoms. Most physicians will also agree that a traumatic incident will cause such a condition to be aggravated to the point that you now have pain. If a preexisting condition is identified in your case, the insurance company will likely defend the claim and allege that you already had problems before the accident. Sometimes the insurance company will send you to a doctor for an independent medical exam so they can get an opinion that favors their position.


It is important to have an experienced attorney on your side who understands these issues and will gather the necessary medical documentation to prove the extent of the aggravation and prevent the insurance company from discounting your claim. Contact our law firm at 706.863.6600 or contact us online at

Christopher J. Hudson
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Local Augusta lawyer specializing in workers' compensation, car accident and personal injury claims.

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