The insurance company says my neck pain is from a pre-existing condition. What do I do?

The insurance company says my neck pain is from a pre-existing condition. What do I do?

This is one of the most common tactics insurers use to minimize or deny claims. Under Georgia’s eggshell plaintiff doctrine, even if you had a pre-existing cervical condition, the at-fault driver is responsible for aggravating it. Moreover, the research clearly shows that injury status at the time of the crash is the key driver of long-term risk — meaning the crash, not your prior medical history, caused the chronic condition. An experienced attorney will gather your full medical records, retain appropriate medical experts, and build a compelling case that your current suffering is directly attributable to the defendant’s negligence.