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Defendants Take the Plaintiffs as They Find Them in Georgia Personal Injury Cases

In Georgia, when a Plaintiff is injured by the negligence of another and the Plaintiff has a pre-existing condition or other peculiar situation which compounds the damages in the case, all of the damages suffered by the Plaintiff are recoverable in the lawsuit and it is not a good defense to argue that the damages are not what normally would occur based on the negligence.

A typical jury charge (with supporting legal citations) which would be given to the jury by the trial judge to demonstrate this legal proposition at trial is: I further charge you that a previous medical condition, from whatever the cause or source, if aggravated, or made symptomatic, or made worse by the negligence of another, is compensable in damages to the extent of such aggravation or worsening, regardless of whether a new injury or new infirmity is created thereby. In this regard, it is the law of Georgia that a Defendant, when committing a negligent or wrongful act, takes a plaintiff as he finds him physically, and is not allowed to complain that the injury, if found to be negligently or wrongfully committed, would in a normal person cause less injury than it does in a person already impaired. The law is that an aggravation or worsening of a previous condition or a prolonged recovery from an original condition, through additional trauma negligently inflicted, is a compensable injury for which damages will lie. In regard to the above, recovery for damages is permitted to the extent that you the jury, find by a preponderance of the evidence, that there has been an aggravation, worsening or added injury proximately resulting from the negligence of the Defendant. Atlantic & Birmingham Railroad Company v. Douglas, 119 Ga. 658 (1903); Bary v. Latham, 81 Ga. 640 (1888); Cobb & Eldridge, Ga. Law of Damages (2d Ed.).

Another example of the same type of charge (with supporting legal citations) is: A driver who causes injury to another through negligence takes the injured person “as is.” The fact that the injuries and damages arising out of an incident were not anticipated will not relieve a person from liability and monetary damages for any and all injuries and damages that were proximately caused by negligence. Therefore, you are instructed that even if you find that the plaintiff in this case was unusually susceptible to injury and damage, that fact will not relieve the defendant from liability and monetary damages for whatever injuries and damages, if any, that you find were proximately caused by an act of negligence committed by the defendant. Modern Trials, 2d Ed., Vol. 5, Section 66.6 (9); Coleman v. Atlanta Obstetrics & Gynecology Group 94 Ga. App. 508, 390 S.E. 2d 856, 858.  The Defendant takes the Plaintiff in whatever condition he finds her. A negligent actor must bear the risk that his liability will be increased by reason of the actual physical condition of the other toward whom his act is negligent. Restatement (2d) of Torts 461; Coleman v. Atlanta Obstetrics & Gynecology Group, 194 Ga. App. 508, 390 S.E. 2d 856, 858.

With these jury charges in mind, the attorney in a personal injury case is not limited to what damages would normally flow from the negligence in questions, but rather should argue for the award of damages that have actually resulted to the plaintiff from the negligence. Similarly, defense counsel argument in this area should be limited to comply with the jury charge and the state of the law.

Attorney Robert J. Fleming has been handling wrongful death cases, automobile accident cases, personal injury cases, dental malpractice and medical malpractice lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years in and around Atlanta, Georgia and its surrounding areas, including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.

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