Car accidents can cause significant injuries, but for individuals with preexisting medical conditions, the aftermath can be even more complicated. Insurance companies often scrutinize these cases, attempting to reduce or deny compensation by arguing that the crash did not entirely cause the injuries.
Understanding how a preexisting condition affects your claim is essential to ensuring fair compensation.
In Atlanta, car accident claims are governed by Georgia's comparative negligence laws, which determine compensation based on the degree of fault. Additionally, the state's legal framework follows the "eggshell plaintiff" doctrine, meaning that at-fault drivers cannot use a victim’s preexisting condition as an excuse to escape liability.
However, proving the extent of accident-related injuries can be challenging, especially when insurers try to downplay claims.
In this guide, we will discuss the impact of preexisting medical conditions on Atlanta car accident claims and provide useful tips for navigating these complex cases. We'll also discuss why it's important to consult a car accident attorney in Atlanta who understands local laws and can help you counter insurance company tactics.
The Role of Comparative Negligence Laws in Atlanta Car Accident Claims
Georgia follows a "fault-based" system for car accidents, which means that the at-fault party is responsible for compensating victims. However, determining fault is not always straightforward, and multiple parties may share some responsibility for an accident. This is where Georgia's comparative negligence laws come into play.
Under these laws, compensation is determined based on each party’s percentage of fault. For example, if you are found to be 20% at fault for an accident due to a preexisting condition, your compensation will be reduced by 20%. It's important to note that if you are found to be more than 50% at fault, you may not be entitled to any compensation.
How Preexisting Medical Conditions Can Affect Your Claim
If you have a preexisting medical condition, insurance companies may try to argue that your injuries were not entirely caused by the accident. They may claim that your condition existed before the crash and was simply aggravated by the accident. In some cases, they may even attempt to deny your claim altogether.
However, under Georgia's "eggshell plaintiff" doctrine, this argument is invalid. It states that defendants must take victims as they find them, meaning that they are responsible for all injuries sustained in an accident, regardless of preexisting conditions. This means that even if your injury was made worse by a preexisting condition, the at-fault party is still liable for all damages caused.
Proving the Extent of Accident-Related Injuries
While the "eggshell plaintiff" doctrine protects victims with preexisting conditions, it can be challenging to prove the extent of accident-related injuries. Insurance companies may try to downplay your injuries and argue that they are not as severe as you claim. This is where having proper documentation and evidence becomes crucial.
Some ways to prove the extent of your injuries include:
● Medical records from before and after the accident
● Expert testimony from medical professionals
● Test results or imaging scans showing changes in your condition after the accident
It's important to seek medical attention immediately after an accident, even if you have a preexisting condition. This will help establish a baseline for your injuries and make it easier to prove the impact of the accident on your existing condition.
Why You Need a Car Accident Attorney in Atlanta
Navigating a car accident claim in Atlanta can be challenging, especially if you have a preexisting medical condition. Insurance companies often attempt to reduce or deny compensation by arguing that your injuries were not caused by the crash. A skilled car accident attorney can counter these tactics by gathering strong medical evidence, consulting experts, and proving that the accident aggravated your condition.
Additionally, Georgia’s comparative negligence laws and the "eggshell plaintiff" doctrine can impact your case. An attorney understands how to apply these legal principles to protect your rights and ensure you receive fair compensation. They can also negotiate with insurers, preventing them from using your medical history against you.
With legal representation, you increase your chances of securing the maximum settlement for your medical expenses, lost wages, and pain and suffering. If you're facing a complex claim, having an experienced Atlanta car accident attorney on your side can make all the difference. It's essential to consult one as soon as possible after an accident, so they can begin building a strong case on your behalf.
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