Georgia Auto Accidents – What if I Have a Preexisting Injury?


July 09, 2015

If you have ever suffered an injury as a result of an automobile accident, you already know how stressful and painful your situation can be. If you had preexisting injuries or health conditions at the time of the accident, you might believe that these prior health issues have an impact on your current injuries. While it is true that prior injuries and/or health conditions do play at least some role in the evaluation of your current injuries, it is not always the case that these prior health issues prevent you from recovering after being involved in an automobile accident.

How are My Preexisting Injuries Evaluated?

First, car accident cases are typically resolved through claims against the at-fault driver's insurance company. All automobile accidents are different, so there may be situations where one injured individual is able to recover for his or her injuries and another individual is not. Taking that into consideration, if you do in fact pursue a personal injury claim, any preexisting injuries you have are likely to be evaluated to determine if your current symptoms are in any way related to a prior accident or medical condition as opposed to your recent accident.

This fact frightens many people as they believe if they were injured in the past, then there's no way for them to prove their new symptoms are related to the recent accident. Some preexisting injuries may negatively affect a car accident case if the injuries are very similar, or if the injured victim was already in pain from an injury directly preceding the accident. However, simply having preexisting injuries should not be a reason to ignore your current symptoms or potential case.  In fact, you might have a strong case if you and your attorney can prove that your prior injuries were exacerbated by your accident.

The only way to determine for sure whether or not your prior injuries and/or health conditions will impact a future personal injury claim is to consult with an attorney who can analyze your medical records and provide you with the information you need for moving forward. Speaking with an attorney should be a relieving experience as many of the stressors involved in a car accident relate to unanswered questions. No case is predictable, but with the help of a qualified attorney, you will have a better understanding of how (and to what extent) a preexisting injury will affect any personal injury claim you are considering after suffering injuries in an automobile accident.

Should I Retain a Personal Injury Attorney For My Case?

Injuries sustained as a result of an automobile accident are separate and distinct from the injuries you suffered in the past. As such, regardless of what type of injuries you may have already experienced prior to an automobile accident, you should speak with an attorney who can advise you of your rights as well as what steps are necessary to obtain compensation. Many people mistakenly believe that if they sustained a new back injury, they may not be entitled to recovery simply because of a preexisting back injury or condition. While prior injuries may play a role in any potential personal injury case, they will not necessarily prevent you from a recovery, especially if they have been made worse by your accident.

Put Our Law Firm's Over 30 Years of Legal Experience to Work For Your Case!

At Montlick & Associates, Attorneys at Law, our Auto Accident Injury Attorneys help injured people throughout all of Georgia and in the Southeast, and are committed to providing exceptional service.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

 

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.