Jones & Swanson

How Pre-Existing Injuries May Affect Your Personal Injury Claim

When someone is injured due to the negligence of another, whether in a car or 18 wheeler accident, slip and fall incident, or other circumstance, it is often expected that the responsible party be held responsible financially. There are a variety of factors that may affect the amount recovered in an individual’s injury claim, though. Some factors, such as clear negligence by the at-fault party, can make recovery amounts greater. For more information on positive influences in a Marietta injury claim, visit our “Filing a Claim” page.

On the other hand, there are many aspects that can cause a reduction in recovery amounts in Georgia injury claims. One of the most challenging aspects is that of pre-existing injuries. Many times the responsible party’s insurance company will argue that because there was an injury that pre-dated the accident, the incident was not fully responsible for the medical condition. They may even claim that the victim is attempting to take advantage of their insured.

The amount to which these claims affect your case varies. In general, pre-existing injuries have little impact on the value of a claim because it is rare for an injury as a result of an accident to identically reflect a condition that pre-dated the incident. It is more common for an accident to cause additional damage to a pre-existing condition, which often increases the value of an injury claim.

Insurance adjusters and at-fault parties are required to take the victim as they were immediately prior to the accident. So if this victim had medical problems before the accident which made them more prone to injury than others, this condition cannot be used for the at-fault party’s benefit. Insurance companies are known for arguing that injuries from an accident in years past, such as back pain, are truly responsible for the back pain being experienced after the present accident. In this instance, as long as there are no medical records for recent treatment prior to the accident for that back pain, the insurance company will not be able to prove the injuries were caused by the previous accident. Even if there is proof of a pre-existing injury, the law states that victims are eligible for compensation for aggravation of that prior injury. Even so, insurance companies may continue arguing that victims are pursuing compensation they are not otherwise due.

Experienced injury attorneys do not usually consider pre-existing injuries a fatal flaw in a case. Seasoned attorneys know how to handle these types of issues without negatively affecting your recovery amount. This is yet another reason why victims should not attempt to gain settlement on their own. Retaining a top notch Marietta injury lawyer is important if you wish to gain the maximum possible compensation in your injury claim. Need a lawyer for a personal injury case in Marietta? If you or someone you know have been injured in an accident as a result of another’s negligence, contact our personal injury attorneys to determine how pre-existing injuries may impact the value of your claim. We accept online inquiries as well as telephone consultations at (770) 427-5498.

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