Can I Be Compensated for Pre-Existing Conditions After a Car Accident in Griffin, GA?
The Georgia Department of Public Health reports that car accidents were the second leading cause of hospitalizations and emergency room visits in 2020. Further, the Centers for Medicare and Medicaid Services report that as many as one out of every two Americans has a pre-existing condition. This convergence means that many people will be left wondering, “Can I be compensated for pre-existing conditions after a car accident in Griffin, GA?”
As trusted legal advocates, the Griffin car accident lawyers at The King Firm want you to be informed about your rights. We have provided a thorough answer to this common question below. We can also provide specific advice and guidance when you contact us at (404) 567-4546 for a free case review.
How Can The King Firm Help With My Pre-Existing Injury Car Accident Case in Griffin?
As attorneys with 16 years of combined legal experience, our experienced Griffin car accident attorneys can help with claims involving pre-existing injuries by:
- Explaining your legal rights and options during a free consultation
- Investigating the accident to show the defendant was at fault for the accident, not your pre-existing condition
- Reviewing evidence of the crash
- Working closely with your medical providers to ensure your medical records properly reflect the differences between your prior and current injuries
- Hiring experts, as necessary, to show the distinction between your prior and current injuries
- Communicating with insurers on your behalf
- Negotiating for fair compensation
If you would like to know more about how we can help, we encourage you to reach out to our law office in Griffin, Georgia, today. Your initial consultation is free of charge, and there are no obligations.
What Are Pre-Existing Conditions?
Pre-existing conditions are any type of health issue, injury, or illness that you had before the accident. Some common pre-existing conditions include:
- Broken bones
- A history of concussions
- Herniated discs
- Repetitive motion injuries
- Spinal cord injuries
These are just some of the possible injuries and conditions that could have predated the car accident.
Can I Receive Compensation After a Car Accident in Griffin, GA, if I Have a Pre-Existing Condition?
Having a pre-existing condition does not exclude you from being able to recover compensation following a car accident. The eggshell skull rule stands for the notion that a defendant must take a plaintiff as they find them. Just because the plaintiff was particularly susceptible to an injury does not mean that a defendant can escape liability from injuries caused by their negligence.
However, you must be able to show that the new injury has aggravated your existing injury or has caused a new injury.
Compensation for Pre-Existing Injury Claims in Griffin, Georgia
Compensation that may be available for pre-existing injury claims mirrors the compensation that may be available for other types of car accident cases, such as:
- Medical bills for diagnosis and treatment, medication, surgeries, and other medical care
- Ongoing healthcare costs and future healthcare needs
- Lost wages for the time you were away from work because of your injuries
- Loss of future earning capacity if your injuries prevent you from returning to your regular job
- Costs to repair or replace your damaged vehicle and other personal property
- Physical, mental, and emotional pain, suffering, distress, and anguish
- Loss of enjoyment of life
An experienced personal injury lawyer can review your case and discuss the potential compensation you may be able to receive.
Steps To Take if The Insurer Is Claiming a Pre-Existing Injury
If you were involved in a Griffin car accident but are having trouble because the insurer is claiming it does not owe you compensation because you have a pre-existing injury, here are some steps you can take to protect your rights.
Report the Accident
Report the accident to authorities so that it is documented. Ask for a copy of the report once it is prepared to help with your claim.
Do Not Hide Injuries
You might be worried about bringing up an injury to a location where you have suffered a previous injury. However, trying to hide the injuries could prevent you from getting the treatment you need. Additionally, there are ways that insurers can get your medical records. If that information contradicts your claim, that could result in a lower compensation payout or even a denial of your claim.
Do Not Sign Release Forms Without Legal Representation
The insurer may send you medical release forms, claiming that it is “easier” and will allow them to get the information you need to speed up your claim. However, these releases are often broader than they need to be and may constitute a fishing expedition for the insurer to try to find any reason to deny your claim. Your lawyer can handle medical record requests to limit their scope to what is relevant to your claim.
Describe Your Injuries to Your Doctor
When you seek treatment for your injuries, it is important to thoroughly detail your symptoms and how they differ from your previous symptoms. This can help show aggravation or new injuries.
Obtain Your Medical Records
Your lawyer can obtain your medical records for you, which can help support your claim.
Present Strong Medical Evidence
Cases involving pre-existing injuries often rely strongly on medical evidence. Your lawyer can obtain written statements from your medical providers to support your case or hire independent medical evaluators who can further boost your claim.
Contact Our Griffin Accident Lawyers for Legal Help Today
If you have a pre-existing condition and recently suffered an injury in a car accident in Griffin, GA, call our Griffin car accident lawyers for your free case consultation.