Cohen & Sinowski
Cohen & Sinowski

Diabetes and Personal Injury Cases: Understanding the Impact and Seeking Fair Compensation

  • Published: August 3, 2023

MEDICAL MALPRACTICEWhen it comes to personal injury cases, understanding the impact of diabetes is essential. Diabetes can complicate the recovery process, affect medical treatment, and have implications for liability and damages. In this blog post, we will explore the effects of diabetes on personal injury cases through a real-life case study and discuss the “egg shell plaintiff” theory in Georgia.

Understanding Diabetes: Types and Treatment Options

Diabetes is a chronic condition that affects millions of people worldwide. It is crucial to have a comprehensive understanding of the different types of diabetes and the available treatment options. In this blog section, we will explore the two main types of diabetes and discuss how they are managed.

Type 1 Diabetes

Type 1 diabetes, also known as insulin-dependent diabetes, is typically diagnosed in childhood or early adulthood. It occurs when the body does not produce enough insulin, a hormone necessary for regulating blood sugar levels.

Managing type 1 diabetes involves a lifelong commitment to insulin therapy. Individuals with type 1 diabetes rely on regular injections of insulin or use an insulin pump to control their blood sugar levels. Additionally, frequent monitoring of blood sugar levels is essential to ensure proper management of the condition. Lifestyle factors such as a healthy diet, regular exercise, and stress management also play key roles in managing type 1 diabetes.

Type 2 Diabetes

The most common form of diabetes is type 2 diabetes. It typically develops in adulthood, although it can occur in younger individuals as well. In type 2 diabetes, the body either does not produce enough insulin or does not use it effectively, leading to elevated blood sugar levels.

Treatment for type 2 diabetes often begins with lifestyle modifications. These may include making dietary changes to control carbohydrate intake, engaging in regular physical activity, and maintaining a healthy weight. In some cases, oral medications or insulin therapy may be prescribed to assist with blood sugar regulation. Regular monitoring of blood sugar levels and regular check-ups with healthcare providers are crucial in managing type 2 diabetes effectively.

Understanding the differences between type 1 and type 2 diabetes, as well as their respective treatment approaches, is essential in managing these chronic conditions effectively. Type 1 diabetes requires lifelong insulin therapy, while type 2 diabetes often necessitates lifestyle modifications in addition to potential medication or insulin needs.

Case Study: Paula’s Experience

During a seemingly ordinary day, Paula experienced a trip and fall at an apartment complex. Although such accidents can result in injuries, in Paula’s case, the situation took a turn for the worse. While her initial injuries would not typically lead to an amputation, her diabetes significantly heightened the risk.

As a person living with diabetes, Paula’s body faced unique challenges in the aftermath of the accident. Diabetes can impair the body’s ability to heal, making even minor injuries more susceptible to complications. In Paula’s case, what might have been a straightforward recovery process for most individuals turned into a complex and difficult journey.

The combination of Paula’s trip and fall and her diabetic condition created a perfect storm. Her diabetes magnified the risks associated with her injuries, leading to severe complications that would not have been anticipated in someone without the disease. Unfortunately, these complications ultimately necessitated the amputation of one of her limbs, profoundly impacting her life.

The dramatic increase in risk for individuals like Paula with underlying diabetes highlights the importance of understanding how this condition can influence the outcome of personal injury cases. It serves as a reminder that those with pre-existing conditions require particular attention and consideration in legal matters to ensure their rights are protected and fair compensation is received.

The Egg Shell Plaintiff Theory in Georgia

Egg Shell Plaintiff Theory

The “egg shell plaintiff” theory refers to individuals with pre-existing conditions who suffer more severe consequences from an injury. In personal injury law, the responsible party may be held liable for the full extent of the injury, even if it is more severe than anticipated.

In the state of Georgia, the egg shell plaintiff theory is recognized and upheld. This means that individuals with pre-existing conditions, such as diabetes, can still seek compensation for the full extent of their injuries. Regardless of the existence of a pre-existing condition, the responsible party cannot use it as an excuse to limit their liability.

This recognition in Georgia law ensures that individuals with pre-existing conditions are not unfairly disadvantaged in personal injury cases. They are entitled to seek compensation for all damages and losses they have suffered, including those that are a direct result of the injury. It is important to consult with a knowledgeable attorney who can guide you through the legal process and help you navigate your claim.

Establishing Causation and Fair Compensation

Proving causation in personal injury cases involving individuals with diabetes can be challenging. Because diabetes is a pre-existing condition, defendants may argue that the injury was not directly related to the accident, but rather to the plaintiff’s pre-existing condition. This is why it is crucial to work with an experienced personal injury attorney who can effectively establish the link between the injury and the complications related to diabetes.

Personal injury attorneys have the knowledge and expertise necessary to obtain relevant medical evidence and expert testimony to establish causation. This evidence can demonstrate that the injury worsened or exacerbated the complications related to diabetes. For example, if an individual with diabetes who has a history of nerve damage due to the condition suffers an injury that causes further nerve damage, a personal injury attorney can argue that the injury is responsible for the additional nerve damage.

Establishing causation is critical because it can determine the amount of compensation that the victim may be entitled to. Victims can seek compensation for damages suffered, including medical expenses, lost wages, and pain and suffering. By working with a skilled personal injury attorney, victims can maximize their compensation for damages suffered and ensure that they have the resources necessary to recover.


In personal injury cases, the impact of diabetes should not be overlooked. The case study of Paula’s experience demonstrates how diabetes can complicate the recovery process and lead to severe consequences, such as amputation. Understanding the “egg shell plaintiff” theory in Georgia is crucial as it allows individuals with pre-existing conditions like diabetes to seek fair compensation.

If you or a loved one with diabetes is involved in a personal injury case, it is essential to seek the guidance of a skilled personal injury attorney who understands the complexities of diabetes-related complications and can advocate for your rights. At Cohen & Sinowski, we are here to help you navigate the legal process with compassion and expertise.

Our experienced team of personal injury attorneys understands the challenges individuals with diabetes face in personal injury cases. We can assist you in establishing causation and maximizing your compensation for damages, taking into account the full extent of your injuries and the impact of diabetes.

Contact Cohen & Sinowski, P.C. today for a free confidential consultation. Let us provide the guidance and support you need during this difficult time. We are committed to fighting for your rights and ensuring that you receive fair compensation for the harm you have suffered. You are not alone – we are here to help you through every step of the legal process.

Cohen & Sinowski

The personal injury attorneys of Cohen & Sinowski are
dedicated to helping clients in the Metro Atlanta area.
Call Us Today! (404) 383-8835

Accessibility Accessibility
Ă— Accessibility Menu CTRL+U