If you’ve been injured in a construction accident and you have a pre-existing condition, you may feel overwhelmed and uncertain about how to move forward. You may be wondering if your previous health issues will affect your ability to receive fair compensation. It’s normal to feel confused and worried during such a challenging time, especially when trying to understand how your past injuries or conditions could influence your case. If you find yourself facing this situation, it’s important to know that you don’t have to navigate it alone. Our team is here to help you with your case, providing the support and guidance you need to get the best possible result.
Understanding Pre-existing Conditions in Georgia Construction Accident Claims
When it comes to construction accidents in Georgia, there are several factors that can influence the outcome of a claim. One of these factors is whether or not the injured person has a pre-existing condition. A pre-existing condition refers to any medical issue that existed before the accident took place. These could be chronic conditions like back pain, arthritis, or previous injuries from earlier accidents. While these conditions do not necessarily prevent you from receiving compensation, they can complicate your case.
In Georgia, when someone with a pre-existing condition is injured in a construction accident, it can raise questions about whether the accident made their injury worse or if their existing condition contributed to the severity of the injury. This can be a significant factor in determining how much compensation you might be entitled to receive.
How Pre-existing Conditions Affect Your Construction Accident Claim
The main concern with pre-existing conditions in construction accident claims is that insurance companies or defense lawyers may argue that the injuries you’re claiming were not caused by the accident. Instead, they may try to say that your existing condition was responsible for your pain and suffering. This is why it is important to gather as much evidence as possible to prove that the accident made your condition worse or caused new injuries.
In some cases, a pre-existing condition might not affect your ability to receive compensation if you can show that the accident aggravated the condition. For example, if you had a previous back injury but the construction accident caused a more serious injury to your spine, this could be enough to warrant a claim for additional damages. The key is to establish a clear connection between the accident and the worsening of your condition.
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Adam Princenthal
David May
Matthew Wilson
Proving the Impact of a Construction Accident on Your Pre-existing Condition
If you have a pre-existing condition and are pursuing a construction accident claim, the burden of proof will often be on you. You will need to demonstrate that the accident either caused new injuries or worsened the effects of your pre-existing condition. This can be done through medical records, expert testimony, and other evidence. Your doctor or other medical professionals may need to testify about the extent to which the accident contributed to your injury.
This process can be complicated, especially when the insurance company or opposing party tries to argue that your injuries are not as severe as you claim. That’s why having an experienced lawyer by your side is essential. An attorney can help gather medical records, consult with medical professionals, and prepare a compelling case that demonstrates the impact of the accident on your condition.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.” - Debau I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner." - Nancy K. I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!" - Jacque Minor
The Role of Workers’ Compensation in Construction Accident Claims
If the construction accident occurred while you were working, your claim may also involve workers’ compensation. Workers’ compensation in Georgia is designed to provide financial benefits to employees who are injured on the job, regardless of whether the injury was caused by a pre-existing condition or a new injury. However, workers’ compensation benefits are often limited, and they may not fully cover all of your medical expenses or lost wages.
If you have a pre-existing condition and the workers’ compensation system is involved, your lawyer will need to prove that the accident exacerbated your condition. Workers’ compensation may not offer compensation for pain and suffering, so you may need to pursue a personal injury lawsuit in addition to filing for workers’ compensation. Your attorney can advise you on the best course of action based on the specifics of your case.
The Importance of Medical Documentation in Your Case
One of the most important things to keep in mind when pursuing a construction accident claim with a pre-existing condition is the role of medical documentation. Your medical records will play a key role in proving the impact of the accident on your pre-existing condition. You’ll need to show that your current condition is different from what it was before the accident, and that the construction accident worsened your injury.
Medical documentation should include detailed records of your health before and after the accident. This can include notes from your doctor, test results, and any treatments you’ve received. In addition, it may be helpful to get a medical opinion from a doctor who can testify about the impact the accident had on your pre-existing condition. The more detailed and clear your medical documentation is, the stronger your case will be.
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Why You Need an Attorney for Your Construction Accident Claim
Dealing with a construction accident claim that involves pre-existing conditions can be incredibly difficult. Insurance companies will often try to minimize your claim, and the legal process can be overwhelming. Having an attorney by your side is crucial in ensuring that you receive the compensation you deserve. A lawyer who is familiar with construction accidents and how pre-existing conditions affect claims will be able to guide you through the process, fight for your rights, and help you get a successful outcome.
At Princenthal, May & Wilson, LLC, we understand the challenges you’re facing. If you’re dealing with the effects of a construction accident and have a pre-existing condition, we are here to provide you with the support you need. We can help you build a strong case, navigate the legal process, and pursue the compensation you deserve for your injuries.
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If you have been injured in a construction accident and are concerned about how your pre-existing condition may impact your case, it’s important to seek the help of an experienced attorney. Our team at Princenthal, May & Wilson, LLC is here to help you through every step of the process, from gathering evidence to negotiating with insurance companies. We are committed to getting you the compensation you deserve and ensuring that your voice is heard.
Don’t let the complexities of pre-existing conditions prevent you from seeking justice. Reach out to us today for a consultation and let us help you take the next steps toward resolving your case. We are here to fight for you and ensure you receive the compensation that reflects the full extent of your injuries.
To learn more about this subject click here: Georgia’s Stand on Independent Contractors in Construction Accident Claims