How Do Pre-Existing Conditions Complicate a Georgia Personal Injury Lawsuit?


August 26, 2012

What if you are injured in a Georgia auto accident but have previous injuries? Many injury victims may not initially consider this a significant issue. If you become involved in a personal injury claim or lawsuit involving a serious car crash, you will see the importance of this issue.

We have provided an overview of how the issue of a pre-existing injury may affect your personal injury claim or lawsuit so that you know what to expect if you find yourself in that situation. At Montlick and Associates, Attorneys at Law, we have been representing accident victims throughout Georgia for over 28 years.

Oftentimes, clients have an expectation that a car accident resulting in injury has occurred, and therefore money is owed. In a perfect world, this might be the case. However, the legal process is typically less clear cut. When faced with an insurance attorney who is attempting to reduce, if not entirely eliminate, the amount of compensation an accident victim can receive, it is helpful to understand the tactics that an insurance attorney may use to avoid liability for your auto accident claim.

One thing you should recognize is that once your case is filed in court the attorneys for the insurance company will at some point want to take your deposition. This means that you will be asked to answer questions under oath. One of the most common ploys used by insurance attorneys is to claim that your injuries were not all caused by the accident and were based upon a previous injury. The insurance company will use information obtained in requests for medical records as well as your deposition to try to build a claim that their insured is not responsible for the entire injury resulting from the accident.

The issue of causation related to injuries caused by an accident versus injuries not caused by the accident is an issue that frequently is raised during a lawsuit and at trial. There are a few important things to keep in mind. First, aggravation of a pre-existing injury is, in fact, considered a new injury and supports a claim. Second, if your ability to function or enjoy life is effected, or your condition is worsened by the accident, you are entitled to compensation. Our Attorneys will strategize as to the best way to prove and establish the value of your new injuries or aggravation of a pre-existing injury.

If you have been involved in an Atlanta auto accident or a car crash elsewhere throughout Georgia, you may be entitled to compensation for your injuries. Our experienced Georgia car crash attorneys take affirmative steps to deal with insurance companies and defense strategies like these designed to eliminate or reduce your recovery for your injuries. The discovery process conducted by the insurance company lawyers will, amongst other things, be intended to find evidence that reduces your damages based on the injuries that you suffered, including evidence that your injuries were from a prior incident. One step that a victim can take immediately following a car accident is to seek immediate medical treatment in order to document all problems and get the treatment you need and deserve.

If you have suffered serious injury in a Georgia car crash, contact the Atlanta auto accident attorneys at Montlick and Associates for a free consultation to discuss your legal rights and steps to take to protect those rights. At Montlick and Associates, Attorneys at Law, we are committed to providing our clients with exceptional service. We believe you expect and deserve the best legal representation a law firm has to offer. Our Georgia car accident lawyers are available to assist clients throughout all of Georgia, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Dalton, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333) or visit us on the web at www.montlick.com. No matter where you are in Georgia, we are just a phone call away, and we will even come to you.

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.