Car accidents can be traumatic events that lead to serious injuries and financial burdens for those involved. In the state of Georgia, car accident victims are entitled to seek compensation for their injuries and damages caused by the negligence of others. However, the presence of pre-existing injuries can significantly impact the outcome of car accident claims. This article delves into the complexities of handling car accident claims in Georgia when pre-existing injuries are involved and examines how they can influence the compensation awarded to the injured parties.
Understanding Pre-Existing Injuries
Pre-existing injuries refer to medical conditions or physical impairments that existed before the car accident occurred. These injuries may range from minor aches and pains to chronic conditions or disabilities. When a car accident happens, these pre-existing conditions can be exacerbated or aggravated, leading to increased pain, suffering, and medical expenses for the affected individuals.
Impact on Car Accident Claims
Causation and Apportionment of Damages
One of the main challenges that arise in car accident claims involving pre-existing injuries is determining the extent to which the accident aggravated the existing condition. Insurance companies and defense attorneys may argue that the injuries were primarily a result of the pre-existing condition rather than the car accident itself. Proving causation can be a complex process, often requiring expert medical testimony and thorough investigation.
Diminished Value of Compensation
In Georgia, compensation in car accident claims is typically based on the principle of comparative negligence. This means that the injured party’s compensation may be reduced if they are found partially responsible for the accident. When pre-existing injuries are involved, insurance companies may attempt to use this to their advantage, arguing that the victim’s pre-existing condition contributed to the severity of their injuries, thereby diminishing the value of their claim.
Medical History Scrutiny
Car insurance companies in Georgia often scrutinize the medical history of accident victims with pre-existing injuries. They may request access to the injured party’s medical records to determine the nature and extent of the pre-existing condition. This can lead to privacy concerns and the potential for irrelevant medical information to be used against the victim during the claims process.
The burden of Proof on the Plaintiff
Car accident victims with pre-existing injuries must be prepared to provide clear and convincing evidence of how the accident aggravated their pre-existing condition. This evidence may include medical reports, expert testimony, and documentation of any changes in symptoms or treatment following the accident.
Protecting Your Rights
Navigating a car accident claim in Georgia can be overwhelming, especially when pre-existing injuries are involved. To protect your rights and maximize your chances of receiving fair compensation, consider the following steps:
Seek Immediate Medical Attention: Regardless of pre-existing injuries, promptly seek medical attention after the accident. This creates a clear record of your injuries and ensures that you receive the necessary care.
Document Everything: Keep thorough records of all medical treatment, doctor visits, and expenses related to both the pre-existing condition and the injuries sustained in the accident.
Consult an Experienced Attorney: Enlist the services of a reputable personal injury attorney with experience in handling car accident claims. They can help you build a strong case, negotiate with insurance companies, and represent you in court, if necessary.
The impact of pre-existing injuries on car accident claims in Georgia can be significant and complex. It is essential for car accident victims with pre-existing conditions to understand their rights, gathers compelling evidence, and seek professional legal guidance throughout the claims process. By taking these steps, individuals can improve their chances of obtaining fair compensation to aid in their recovery and rehabilitation.
How can Princenthal, May & Wilson, LLC help you with Car Accident Cases in Georgia
At Princenthal, May & Wilson, LLC, we are dedicated to providing top-notch legal representation and support to individuals who have been involved in car accidents in Georgia. Our experienced team of attorneys understands the complexities of car accident cases, especially those involving pre-existing injuries, and we are here to help you navigate the legal process with confidence and experience.
Experienced Legal Guidance
Our team of skilled attorneys possesses in-depth knowledge of Georgia’s car accident laws and regulations. We will guide you through the entire claims process, ensuring that you understand your rights and options. We take the time to explain the intricacies of your case, answer any questions you may have, and offer personalized solutions based on your unique circumstances.
Thorough Investigation
When handling car accident cases, we leave no stone unturned. Our firm conducts comprehensive investigations to gather vital evidence, including accident reports, witness statements, surveillance footage, and expert testimonies. We also diligently review your medical records, including pre-existing conditions, to establish a clear link between the accident and the aggravation of your injuries.
Building Strong Cases
At Princenthal, May & Wilson, LLC, we believe that a strong case is the key to success. With our extensive experience in handling car accident claims, we know what it takes to build a compelling argument in your favor. We compile all relevant evidence, create persuasive legal strategies, and craft a compelling narrative that emphasizes the impact of the accident on your pre-existing injuries.
Negotiating with Insurance Companies
Dealing with insurance companies can be challenging, especially when they attempt to downplay the impact of your pre-existing injuries. Our seasoned negotiators are well-versed in handling insurance companies in Georgia. We will advocate fiercely on your behalf, seeking a fair settlement that accounts for the exacerbation of your pre-existing injuries and the full extent of your damages.
Trial Representation
While many car accident cases are resolved through negotiations, we are fully prepared to take your case to trial if necessary. Our attorneys are experienced trial advocates who will fearlessly present your case before a judge and jury, fighting for the compensation you deserve.
Compassionate Support
We understand that car accidents can be distressing events, especially when pre-existing injuries are involved. Throughout the entire process, our team will provide you with compassionate support and regular updates on the progress of your case. You can rely on us to be by your side every step of the way, guiding you toward a positive resolution.
At Princenthal, May & Wilson, LLC, we are committed to providing exceptional legal representation to car accident victims in Georgia, especially those with pre-existing injuries. With our extensive knowledge, dedication, and personalized approach, we aim to achieve the best possible outcome for your case. If you have been injured in a car accident and need skilled legal assistance, contact us today to schedule a consultation. Let us fight for your rights and help you secure the compensation you deserve.