Having a pre-existing injury does not preclude you from recovering for damages in a subsequent personal injury claim.
The general rule in Georgia accident cases is that previous injuries do not affect your right to recover compensation. More specifically, you may still be entitled to recover damages for your re-injury or aggravation of an earlier injury.
A few important things to keep in mind when making your personal injury claim if you have a pre-existing injury:
- You are an “eggshell plaintiff.” To explain, this means the defendant must take the victim as he finds him. As such, you will not be subject to any penalties;
- The insurance company often compares your past and current medical records. Additionally, they will argue whether or not your new injury is the result of the most recent accident or incident;
- It is essential that your current medical records show a causal relationship between the accident or incident and your injury. Additionally, ask your doctor to distinguish your new injuries from the most recent accident from any previous ones. Moreover, your medical records will show where a previous injury ends and new injuries begin.
- Your lawyer will review your medical records to properly evaluate your case and present the best arguments to support your case for recovery.
Please contact AJ Law Practice for a consultation to discuss how we can help you recover the most from your personal injury claim in Alpharetta, Georgia.