Pre-Existing Conditions — Will They Use Your Medical History Against You?

Episode Summary

In this episode of Peachtree Injury Talk, attorney Jordan Jewkes discusses the impact of pre-existing conditions on personal injury claims. Jewkes explains that a pre-existing condition is an injury or medical issue existing before an accident, which can be aggravated by the new incident. Despite insurance companies often using pre-existing conditions to deny or reduce claims, the “eggshell plaintiff” rule holds defendants liable for worsening any prior vulnerabilities. He emphasizes the importance of honesty and full medical disclosure to effectively prove aggravation of prior injuries. Jewkes also notes that a previous injury can sometimes strengthen a claim if the accident caused additional harm. He advises those concerned about their medical history affecting compensation to consult an attorney to protect their rights and ensure fair recovery.

Timestamps

00:00 – Introduction to Peachtree Injury Talk 
00:10 – About Jordan Jewkes  
00:36 – What is a Pre-Existing Condition?  
01:43 – Insurance Companies’ Approach to Pre-Existing Conditions  
02:41 – How Insurers Use Medical and Claims History  
04:40 – The Eggshell Plaintiff Rule in Georgia  
06:49 – Proving the Accident Aggravated a Pre-Existing Condition  
08:19 – Importance of Disclosing Medical History to Your Attorney  
09:00 – Common Mistakes in Disclosing Pre-Existing Conditions  
10:15 – Can Past Injuries Strengthen Your Case?  
11:56 – Advice for Clients Concerned About Pre-Existing Conditions  
12:45 – Closing Remarks and Call to Action  

About the Show

Peachtree Injury Talk is hosted by attorney Jordan Jewkes, who is dedicated to giving injury victims a voice and fighting for their rights against an often unfair system. Each episode provides valuable legal insights and practical advice for those navigating personal injury claims.