How Pre-Existing Conditions Affect Personal Injury Claims

Car Accident Lawyer

# How Pre-Existing Conditions Affect Personal Injury Claims

# **The Role of Pre-Existing Conditions in Personal Injury Cases**

In many instances, insurance companies will investigate the claimant's medical history thoroughly. If they find evidence of pre-existing conditions, it may affect how they evaluate the claim and determine compensation amounts.

**Understanding Causation and Liability**

One significant aspect of personal injury law is causation—proving that the accident caused additional harm or exacerbated a pre-existing condition. For instance, if you suffered a back injury in a car accident but had previous back problems, you'll need to demonstrate how the accident worsened your condition.

# **Insurance Company Tactics**

Insurance adjusters may try to downplay your claim by emphasizing your medical history. They might argue that your injuries aren't as severe as you claim because they stem from prior conditions.

# **Choosing the Right Legal Representation**

Opting for a knowledgeable lawyer who understands Georgia's personal injury laws can help level the playing field against large insurance companies.

**Gathering Medical Evidence**

Your attorney will assist you in gathering comprehensive medical records, expert testimonies, and other pertinent documents necessary for substantiating your claim.

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**Common Types of Pre-Existing Conditions Affecting Claims**

Certain pre-existing conditions frequently arise in personal injury cases:

1. **Chronic Pain Disorders:** Such as fibromyalgia or arthritis.

2. **Previous Injuries:** Including old fractures or surgeries.

3. **Mental Health Issues:** Anxiety and depression related to past traumas.

4. **Cardiovascular Diseases:** Existing heart problems that could complicate recovery processes.

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**Examples of How Pre-Existing Conditions Influence Compensation Amounts**

# Case Study 2: Prior Surgeries

A person who previously underwent knee surgery might face scrutiny after sustaining additional knee damage from a slip and fall incident at a grocery store. The insurance company could point out their surgical history while evaluating damages related to mobility impacts post-accident.

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**The Importance of Accurate Medical Documentation**

Accurate medical documentation serves as critical evidence when presenting your case:

Conclusion

In summary, understanding *how pre-existing conditions affect personal injury claims* is vital for anyone involved in an accident seeking compensation for their injuries—especially within jurisdictions like Georgia where specific laws govern these matters closely! Navigating this landscape requires skillful legal representation alongside thorough documentation showcasing exactly how accidents have impacted one's overall health journey amidst existing challenges.The right approach not only safeguards individual rights but also augments prospects toward achieving just reparation amidst adversity in seeking accountability through personal injury law avenues.