Legal Question in Personal Injury in Georgia

Aggravatoin to existing injury due to the negligance of another

Disabbled person with back injury who walked with a cane, was knocked-down to the floor of a restaurant by an employee of the restaurant, while she was walking to the ladies room. The patron suffered an gravation to her current medical condition, which resulted in two back operations.


Asked on 9/28/03, 7:51 pm

3 Answers from Attorneys

Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

Re: Aggravatoin to existing injury due to the negligance of another

Under Georgia law, one may recover damages for an injury that results in aggravation of a preexisting condition, but not for the prior condition itself. The difficulty is generally in proving to what extent the condition was worsened by the new injury. I prefer to have the same doctor testify who treated the person before and after the injury in order to make a clear comparision. If one can clearly show that the preexisting condition was bad but tolerable, and the aggravation made it disabling, that can be a good case. If it's murky, it's hard.

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Answered on 10/03/03, 5:51 pm
Benjamin Eichholz The Law Office of Benjamin S. Eichholz, P.C.

Re: Aggravatoin to existing injury due to the negligance of another

I suggest that you get a personal injury attorney to handle your case.

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Answered on 10/08/03, 5:09 pm
W James Moore MOORE & HAWTHORNE, LLC

Re: Aggravatoin to existing injury due to the negligance of another

We have had many recoveries for victims who have had their pre-existing medical conditions aggravated by a subsequent injury. Did the patron have any back surgery prior to to two mentioned here? What was the patron's diagnosis before the recent fall? Was the diagnosis the same after the recent fall? Was this a herniated disk injury? Did the patron receive immediate attention after the fall? Did the restaurant make a written report of the incident.

We may be able to get a successful recovery for you, depending on the answers to some of my questions.

Please call me or send an email.

(404) 877-9181

[email protected]

Best regards.

P.S. By the way I notice your zip is 30253. I also recently moved to McDonough.

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Answered on 10/10/03, 9:29 am


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