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

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

This is one of the most common insurance defense tactics. Georgia law uses the “eggshell plaintiff” doctrine — a defendant takes a victim as they find them. If a pre-existing condition was asymptomatic or stable before the accident, and the collision aggravated or accelerated it, the defendant is liable for that aggravation. A pre-existing condition does not eliminate your right to compensation; it may simply require more careful medical documentation to demonstrate the collision’s role in your current suffering.