Pre-Existing Conditions in Personal Injury Claims in Georgia
Pre-existing conditions refer to health problems or underlying medical issues that you have had before you file a new claim. There are many health problems in this category, some of which are arthritis, acute back pain, autism, or simply injuries from previously experienced accidents. In this context, the idea is to find out if the accident worsened your previous condition or not.
If you were involved in a recent accident, which was caused by another person’s negligence, it may be in your interest to contact a personal injury attorney as fast as possible. These professionals can be in a good position to review your case, check your medical records, and provide the best legal advice based on your condition and situation.
Keep reading to know more about pre-existing conditions in personal injury claims.
Is it Possible to Recoup Compensation for my Pre-existing Condition in Georgia?
While many people do not believe this to be true, it is possible. Personal injury attorneys have a doctrine called “eggshell plaintiff,” which simply means taking the injury victim as they are. In other words, they consider you with your pre-existing and current injuries.
After all, you should get compensation if a new injury worsens your pre-existing injury to ensure you can take care of yourself. However, it is usually very challenging to tell what is caused by recent injuries and what is caused by the pre-existing condition. Along with your attorney, you must prove that the accident worsened your condition. This way, you can get compensation for pain or harm caused by pre-existing injuries and recent injuries.
Does my Pre-existing Condition Affect How Much I Get as Compensation in Any Way?
While it is normal for you to get compensation for the harm caused by a recent injury in Georgia, the extent or seriousness of your pre-existing injury will affect the amount of compensation you will get. Yes, a new injury that worsens the pre-existing injury will cause a large compensation, but if you cannot prove that the recent accident worsened the pre-existing injury, you will get lesser than expected compensation.
The insurance company you file your personal injury claim with will try to find out if your pre-existing condition has been worsened by the recent accident.
Usual Tactics Insurance Companies Might Use to Deny Your Claim
Insurance companies are mostly seeking to pay less than they usually should. This is why you will find them looking through your medical records, looking to present facts that might not be true in a bid to pay less compensation.
They usually try to minimize the extent of the accident and how it worsened your pre-existing condition. This is one good reason why you should hire a good lawyer in Georgia to help put up a defense against these insurance entities.
How Can a Personal Injury Lawyer in Georgia Help My Case?
The benefits of hiring personal injury lawyers are quite numerous. Personal injury attorneys usually have a lot of experience with cases of this nature, which means they are knowledgeable about complex medical issues and the legal issues that could arise from them.
They will also have experience with gathering and presenting evidence to work towards the possibility of you getting compensation in full while also ensuring that the insurance company’s tactics are nullified. By the time they are done representing you, you will probably have a big smile on your face and be glad you hired them!
Conclusion
“In Georgia, as with many other places in the United States, personal injury cases can be a bit tricky, especially when there are pre-existing conditions,” says attorney Robert James of Robert James Trial Attorney. As such, knowing how to navigate every detail of the case is what will determine how much compensation you get for the impact current injuries have on pre-existing conditions.
Also Read: Why You Need Pictorial Evidence for Your Car Accident Lawsuit