The Roch Law Firm, P.C.

Does A Severe Injury In An Accident Ensure A Larger Settlement?


Sustaining a severe injury in an accident may result in greater damages, but the amount of the recovery can be limited by the at-fault driver’s ability to pay and the amount of insurance that they have. That is why it is so important to fully investigate all possible sources of insurance that might apply to a wreck. In some cases, drivers are protected by homeowner policies.

Will My Future Medical Costs Be Taken Into Account When Negotiating The Settlement Amount?

In order to obtain future medical costs in Georgia, we have to prove that the medical costs are necessary, that the amount of the cost is reasonable, and that the medical procedure is likely to be performed in the future. If we’re able to do so, then future medical costs will be taken into account in the settlement.

What Is Maximum Medical Improvement? How Can It Affect My Auto Accident Claim?

Maximum medical improvement is a term that doctors use to refer to the point at which a person has recovered to the point where additional medical care will not result in them getting better than they already are. For instance, if you are perfectly healthy before sustaining lifelong injuries in a car wreck, then you may go from a ten to a three on a scale of one to ten. The purpose of medical care is to get you as close to where you were before the wreck. You may go up to a seven. When your doctors decide that additional medical care isn’t going to make you any better than you already are, you are said to have reached maximum medical improvement.

We don’t want to settle your case until you’ve reached maximum medical improvement. The reason for this is that the other side may decide that you’re going to be completely fine with a certain amount of additional treatment. The reality is that with serious injuries, the medical care isn’t going to put you in the condition that you were in before the wreck. So, one of the primary ways that it affects your auto accident case is by delaying the opportunity to settle the case. We want your medical care to be completed before we submit a settlement proposal to the other side if possible.

What Is An Independent Medical Examination?

Sometimes the at-fault driver and their insurance company will request an independent medical examination. The name of this examination sounds harmless. You’re injured, so what do you have to fear? Unfortunately, there is little that is independent about the independent medical examination. There are a number of doctors that get most of their money from doing independent medical examinations for insurance companies. The insurance companies know that those doctors are going to say what they want them to say. The doctors who give them favorable medical examination reports are the ones who get most of the insurance company’s business. These “independent” reports most often state that the injured patient is not as injured as they say they are or even worse, sometimes these reports suggest that the injured patient is outright lying about their injuries.

This often results in an independent medical examination that is very biased and minimizes your injuries or tries to explain them away as being caused by something other than the wreck. It’s for this reason that we generally do not consent to an independent medical examination unless there’s a really good reason to do so. If your case proceeds to a lawsuit, then in many instances the insurance company can get the court to order an independent medical examination, but we can negotiate on who should perform that examination.

Can A Pre-Existing Injury Or Condition Impact My Settlement Amount?

In Georgia, you are entitled to a recovery in an injury case even if you have preexisting conditions. The easiest way to understand preexisting conditions is by imagining that every person starts their life as a 10 on a scale of one to 10- that is, in the healthiest state in their lives. Over time, the body gets some wear and tear, and you start travelling down towards one. If you are a seven when you sustain injuries in a wreck that aggravates preexisting conditions, then you may be brought down to a five. So, the measurement of your damages is going from seven to five rather than from 10 to five.

A lot of what we do in personal injury cases is separate out the injury as related to the preexisting condition versus the aggravation of that injury. There are ways that we’re able to do this to ensure that you do get a recovery for aggravation of your preexisting condition. If you happened to have lost your leg in a prior wreck and then you sustain another injury to where your leg was removed, we’re not going to get you a recovery for losing your leg, but we absolutely will get you a recovery for the injury to the wound site.

For more information on Auto Accident Settlements In Georgia, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (770) 345-7624 today.

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