Impact of Pre-Existing Conditions on Personal Injury Claims in Georgia

personal injury law

personal injury lawWhen you get hurt because someone else was careless, your health history plays a big role in your personal injury claim. In Georgia, like many places, if you had a health issue before your accident, this is called a pre-existing condition. It’s important to understand how these conditions can affect your claim.

Why Pre-Existing Conditions Matter

You might wonder why your past health matters if your injury was caused by someone else’s negligence. The main reason is that the person or company responsible for your injury might argue that your pain or health problems were there before the accident. This can make your case more complicated because you have to show that the accident made your condition worse or caused new problems.

Georgia Law and Your Rights

Georgia law says that if you were already vulnerable or had a health issue, and an accident made it worse, the person who caused the accident should be responsible for the added harm. This is important because it means you’re not left without help just because you weren’t perfectly healthy before.

Telling Your Doctor Everything

After an accident, seeing a doctor right away is key. It’s also vital to tell your doctor about any pre-existing conditions you have. This way, your doctor could see if the accident made these conditions worse. Your medical records then become an important part of your claim, showing the link between the accident and your injuries.

The Role of Medical Records

Your medical records are like a story of your health. They show what your health was like before and after the accident. These records can prove that your injury is new or that an old problem got worse because of the accident. It’s important to keep all your medical records and share them with your lawyer.

Challenges with Insurance Companies

Dealing with insurance companies can be tough. They might try to pay you less by saying your injuries were due to pre-existing conditions. This is where having a good understanding of your medical history and the details of the accident helps. It allows you to argue against their claims.

Tips for Dealing with Pre-Existing Conditions in Your Claim

First of all, be honest about your health history. Hiding past injuries or conditions can hurt your claim. Secondly, keep detailed records. This includes medical records, doctor’s notes, and any treatment you receive. Thirdly, understand your condition. Knowing how your pre-existing condition could be affected by the accident helps in explaining your situation. Fourthly, work closely with your doctor. Your doctor can provide expert opinions on how the accident impacted your health. Finally, be patient. These cases can take time, especially when pre-existing conditions are involved.

Getting the Right Help

Handling a personal injury claim with pre-existing conditions can be tough. It’s a good idea to get help from a lawyer who knows about these kinds of cases. A good lawyer will understand how to present your case and deal with the insurance company’s arguments.

Contact Butler Kahn Personal Injury Lawyers for Help

Butler Kahn - AttorneysIf you’re in Atlanta and have been hurt because someone else was careless, don’t hesitate to reach out for help. Contact Butler Kahn by calling (678) 940-1444 or contacting us online for a consultation with an experienced personal injury attorney. We’ll listen to your story, explain your rights, and help you understand your options. Remember, dealing with personal injury claims, especially when pre-existing conditions are involved, can be complex. Getting the right legal help can make a big difference in your case.

Picture of Jeb Butler
Jeb Butler’s career as a Georgia trial lawyer has led to a $150 million verdict in a product liability case against Chrysler for a dangerous vehicle design that caused the death of a child, a $45 million settlement for a young man who permanently lost the ability to walk and talk, and numerous other verdicts and settlements, many of which are confidential at the defendant’s insistence. Jeb has worked on several cases that led to systemic changes and improvements in public safety. He has been repeatedly recognized as a Georgia SuperLawyer and ranks among Georgia’s legal elite. Jeb graduated in the top 10% of his class at UGA Law, argued on the National Moot Court team, and published in the Law Review. He is the founding partner of Butler Kahn law firm. Connect with me on LinkedIn



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