If you get hurt in Atlanta, it’s important to find a personal injury attorney who can help you with your case. The Atlanta courts see many different cases, so it’s important to consider how your pre-existing medical conditions might affect your claim. A good lawyer can help you navigate the legal system and get your deserved compensation.
In this article, you will discover some facts and information to help you get through the phase of personal injury claims and settlements. So, without further ado, scroll down to learn more.
1. Disclosure: The First Step in Honesty
It is crucial to fully disclose your medical history when making a personal injury claim. This includes being transparent about any pre-existing conditions you may have. Not only is this a legal requirement, but it also helps establish trust between all parties involved. Failure to disclose pre-existing conditions could compromise your case and result in legal consequences. Legal experts in Atlanta stress the importance of complete honesty throughout the claim process. There were 16,031 recorded accidents per month, involving an average of 1.96 vehicles per accident, totaling 31,561.
Did you know that an average of 48 fatalities and 233 cases of serious injuries are reported monthly in the city? It’s really concerning. Especially if you’re dealing with sensitive medical information, it’s important to have an attorney who knows the local legal landscape and can guide you through the process.
2. The “Eggshell Plaintiff” Principle
If you’re injured and have a pre-existing condition, the “eggshell plaintiff” principle means that the person responsible for your injury is still accountable for all the damage caused. This principle is important in Atlanta and throughout the country. Knowing how this principle applies to your case is crucial, so it’s a good idea to talk to a lawyer if you have a pre-existing condition. They can explain how the law in Atlanta works in these situations and what you can expect.
3. Insurance Company Tactics
When dealing with insurance companies, you need to be prepared for some resistance. Insurance firms aim to minimize their expenses, and one of their strategies might involve attributing your injuries to pre-existing conditions rather than the accident itself. These tactics are common in Atlanta, home to many large insurance companies.
Therefore, understanding the techniques that insurance companies might employ against you is crucial for maintaining a strong case. Having a skilled attorney who knows Atlanta’s unique legal environment can be instrumental in challenging the insurance company’s assertions and helping you secure a fair settlement.
4. Medical Records as Evidence
Your medical records are key evidence in any personal injury claim, but they are more significant when pre-existing conditions are involved. Accurate medical records can demonstrate the state of your health before and after the accident, providing critical evidence to substantiate your claim. In Atlanta, a city that boasts some of the country’s top medical facilities, obtaining these records should be straightforward and handled with the utmost care. Your attorney can guide you on collecting and using these records most effectively in your case.
5. Expert Testimony: The Key to Validation
Medical experts can greatly influence the outcome of your case. By evaluating your past and present medical records, they can attest to the percentage of your current condition due to the accident. With its numerous renowned medical facilities and experts in Atlanta, securing a compelling medical testimony should be a top priority. Such a testimonial can be invaluable in supporting your case.
6. Settlement vs. Trial: The Decision
The temptation to settle out of court might be high when pre-existing conditions are involved. Insurance companies often prefer quick settlements to avoid the unknowns of a trial. However, if your condition has substantially deteriorated due to the accident, a trial might be more beneficial. Given the complex legal environment of Atlanta, having an experienced attorney can make a big difference in the type of settlement you might receive.
After understanding how a pre-existing condition impacts your personal injury claim, the final stage involves accepting a settlement or proceeding to trial. This is a crucial decision because there is no turning back once you accept a settlement. Atlanta, a city known for its opportunities and challenges, can be a complex arena for personal injury cases. Understanding all your rights and options is vital for making the most informed decision possible.
Although a pre-existing medical condition adds complexity to a personal injury claim, it doesn’t have to be an insurmountable obstacle. With the right attorney familiar with Atlanta’s legal system, these complications can be navigated successfully.
