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Georgia Personal Injury Blog

Monday, May 26, 2014

Personal Injury Attorneys Share How Car Accidents Can affect Pre-Existing Conditions

From arthritis to headaches, many of us live with ongoing medical conditions. And the sudden impact of a car collision may instantly transform a symptom-free, mild or moderate medical condition into a severe condition.

You may or may not be aware of all of your own preexisting medical conditions.

A knowledgeable personal attorney can help determine how pre-existing conditions may have been affected by an accident. For example, you may have previously seen a doctor for migraines, been diagnosed and received treatment. In this case, migraines would be considered a pre-existing condition. Or, an X-ray taken after the accident may reveal bone degeneration that that you were completely unaware of because it never caused any pain was never diagnosed. In this case, you would need to show how the injuries in question were made worse as a result of the car accident, and not solely wrought from the preexisting condition.

Here's what you should know if you, or a loved one, has been involved in an accident:

Be honest about any pre-existing conditions. If you have been diagnosed with a medical condition before the accident, it should be disclosed to your attorney. Any previous medical diagnosis may be uncovered during an investigation and, if not disclosed, could hurt your credibility. If your attorney is unaware and the insurance company finds out about it, it could be catastrophic to your case.

Do not give a recorded statement to an insurance company or anyone else, without your attorney being present. The insurance agency and/or their attorney will request information from you - oftentimes in the form of a recorded statement - and you should refrain from answering any questions. Instead, direct them to your attorney. It's highly likely that the other party and their representatives will ask leading questions that have been designed to provoke answers that can be manipulated and used against you later.

Avoid speculation. When talking to law enforcement and your insurance company, stick to the facts and avoid any speculation. Making assumptions or predictions may paint an inaccurate picture and hurt your case.

Compare the severity of your medical condition before and after the accident. It's important to contrast the impact of your medical condition on your daily life before and after the accident. For example, you may have been able to walk and stand for 2-3 hours at a time before the accident but now, due to the pain and damage incurred, that time may be reduced to 20-30 minutes. This change may affect your ability to complete household chores or go to work. These types of comparisons will demonstrate that while you coped with a medical condition before the accident, the event had a significant impact on your daily life.

In the end, an effective attorney who is well-versed in personal injury law can act in your best interest to ensure that the facts are presented accurately, the case proceeds fairly and justice is served in your car accident case.

For more information on this topic, email John Webb at jwebb@smithwelchlaw.com or call 770-389-4864. Smith, Welch, Webb and White is recognized as a premier law firm throughout the state of Georgia. We have investigated hundreds of automobile collisions and have recovered millions of dollars in compensation for injured clients and families of those killed in wrongful death accidents. Our team of experts routinely handles a wide range of legal matters, and will provide outstanding service for you, your family or your business.

 

Any representations regarding the law in this Blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


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Smith Welch Webb & White serve clients throughout the south metro Atlanta area including but not limited to McDonough, Stockbridge, DeKalb County, Clayton County, Henry County, Jonesboro, Spalding County, Butts County, and Lamar County.



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