The last thing you want to do is get into a car accident if you already have a bad back. Most car crashes cause some sort of back injury. So, there’s a good chance that you’ve made your back worse. The problem is proving this. The defendant’s lawyer is going to fight the claim no matter what. Your Georgia injury lawyer will have to demonstrate that your back is worse now because of the crash. That isn’t easy to do,
What you have to hope is that your medical records show that your back condition hasn’t changed in years. That way, if it shows a recent change, your Georgia injury lawyer can argue that any additional date was caused by the accident.
You Can Only Collect Damages if Your Georgia Injury Lawyer Can Prove Negligence
Regardless of when you suffered your old injuries, your Georgia injury lawyer has to prove that you were hurt. You don’t get damages just because you were involved in an accident. You have to show that you suffered a loss. There’s a variety of ways you can do this:
- Submit medical records from before and after the accident
- Have medical experts testify about your treatment prior to the crash
- Have tests done that prove how old certain injuries are
- Have other experts testify as to what kind of injuries your crash would have caused
If you can’t show that you’ve suffered a loss, that’s it. You can’t sue for damages you didn’t suffer. It’s important to remember – it’s your lawyer’s job to make you whole. It is not your lawyer’s job to make you rich.
Your Damages Will Depend on the Seriousness of Your Injuries
As with any other personal injury case, the more serious your injuries, the more money you can walk away with. Common sense dictates that your damages will be higher for a broken back than for whiplash. Someone who breaks their arm will have significant damages. However, things will eventually get back to normal. For some other types of injuries, you may never recover. If that’s the case, you may be entitled to permanent disability.
If You Have a History of a Bad Back, the Defendant’s Lawyer Will Find Out
There may be a part of you that things the defense will never figure out about your prior back issues. They would have to be a bad Georgia injury lawyer to do that. One of the first things personal injury lawyers in Georgia do is get a thorough and detailed copy of the plaintiff’s hospital records. Your Georgia injury lawyer will do the exact same thing,
The Defendant Will Claim that You Were Already Hurt Before the Crash
After you get into a car accident, the insurance companies are going to immediately look at your medical records. Most insurance adjusters go back anywhere from 7 to 10 years. If you have notes in your medical history showing that you have a bad back, the defendant’s lawyer will use that information. They’ll try to say that your back injuries weren’t caused by their client. Instead, they’ll say you had the same injuries before the crash occurred. They may even try to argue that the reason the crash happened was because you lost control from driving with a bad back. This could be all it takes to keep you from winning your case.
Call and Talk to Skilled Georgia Injury Lawyer Right Away
Getting into a car accident when you already have a bad back can be like a catch-22. The insurance company thinks you were hurt prior to the accident. Your doctors say that your injuries were exacerbated because of your crash. You have to wonder – who will the court believe? The good news is that you can talk to an experienced Georgia injury lawyer and they’ll review your options. Depending on the facts of your case, they may be able to convince the insurance company to pay full damages. If not, they’ll have no problem filing suit on your behalf.
It’s a good idea to call our office right away so you can schedule your free, initial consultation. With a bad back made even worse by the accident, you’ll probably need substantial medical treatment. The last thing you should be doing is fighting with the insurance companies. Let your experienced Georgia injury lawyer do that for you. The consultation is free, and you don’t pay anything until your case settles.