fbpx

Can You Still Sue in Georgia if You Have a Pre-Existing Condition?

Home » Blog » Can You Still Sue in Georgia if You Have a Pre-Existing Condition?

Some people who get into a car accident are afraid they won’t be able to sue for damages. They’re afraid that the court will say that they had a pre-existing condition that precludes them from collecting damages. This isn’t necessarily true. Unless the previous condition was the same as that suffered in the accident, it may have no impact.

The best thing to do if you aren’t sure is to call a seasoned Athens car accident lawyer. Let someone who’s handled plenty of cases like yours help. They can review your medical records and the denial letters from the insurance company. From there, they can let you know how best to proceed. You are entitled to a free, initial consultation so it’s not something you should overlook.

Anybody Can Sue if They’re Involved in a Car Accident

When somebody asks if they can sue for “x, y or z”, the answer is always yes. The real question is whether it makes sense to sue. The court will let you file a complaint against almost anyone for anything. But that doesn’t mean the case won’t be dismissed. You need to be reasonable when you consider filing a car accident lawsuit.

You don’t want to waste your time or your Athens car accident lawyer’s time. You also don’t want to be called out for filing a frivolous lawsuit. It’s best to meet with your lawyer first and see what they recommend before taking any legal action. If you know for a fact that your injuries are old, then you need to be upfront when you speak to your attorney. Don’t let them be blindsided down the road. That won’t do anybody any good.

Your Athens Car Accident Lawyer Will Need to Prove a New Injury

It may simply be a matter of your Athens car accident lawyer having to prove a new injury. For example, the defendant’s attorney may claim that you had a pre-existing condition. Let’s imagine that you hurt your neck but have a history of back issues. Your Athens car accident lawyer is going to have to show that the two injuries are not related. This way, the defendant can’t claim that the accident had nothing to do with your neck injury. This can be done using your medical records or, if need be, by calling medical experts to testify on your behalf.

You May Need to Hire Medical Experts

If you have a long history of health issues, it may be a bit harder to prove liability. For example, if you underwent several back surgeries in your twenties, it may be hard to prove that the current wreck is what caused your present injuries. What you may have to do is demonstrate that the accident exacerbated your injuries. Your Athens car accident lawyer may need to hire medical experts to do this.

These experts will become familiar with your case and talk to any of your medical providers. They’ll offer their opinion about what sort of physical impact the recent accident had. Just keep in mind – the defendant is going to have their own experts as well. This is why it’s so much better to simply settle the matter rather than fight for months on end.

Call and Set Up a Time for Your Free Consultation with a Seasoned Athens Car Accident Lawyer

If you were hurt in an accident and don’t think you have the right to sue, think again. Unless you talk to an experienced Athens car accident lawyer, you have no idea whether you have a case or not. Just because the insurance company said you had a pre-existing condition doesn’t mean you aren’t entitled to compensation.

You need an expert to review your file and see what you’re truly entitled to. Your attorney can help make this happen. They’ll review your case and demand that you be compensated for any out-of-pocket losses you experienced. And, if they can prove that your injuries were related to the crash, they’ll fight to get you additional compensation as well.

The first thing you need to do is call and set up a date and time to come into the office. Take advantage of your free, initial consultation. Sit down with someone who’s handled dozens of cases just like yours. They know how to deal with the insurance companies, and they aren’t intimidated. Since the first meeting is free, you have nothing to lose.

Let's get started with your FREE consultation.






From The News Archive