Legal Question in Personal Injury in Georgia
auto injury from teenage driver
Awhile ago, I was hit head on, in my car, while I was stopped at a red light. Teenager drove through a red light. Ever since, I have had severe pain and numbness in my feet. Started a whole new regimen of medication within a couple of days after the accident. Driver paid for the repair of my car.
The insured's insurance company says they do not feel my pain and meds are potentially related to the accident. I was taking none of these before the accident. I have been to legitimate neurologists, MRI, hospital emergency room after the accident, podiatrist (numbness in feet), general practitioner and bone specialist. All are MD's.
If this wreck did not cause the pain I am now suffering in my legs and feet, isn't it possible that the trauma could have possibly awakened something within my body that was dormant? Perhaps a malady or illness that may not have otherwise ever happened if I didn't have the trauma of the accident?
Your insight is appreciated.
5 Answers from Attorneys
Re: auto injury from teenage driver
I just wanted to add one thing to what my colleagues have said. Please see an attorney. Let the attorney review all the facts. Let the attorney assist you with the insurance company and with any possible claim that you have against the driver.
This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.
Re: auto injury from teenage driver
I have recently volunteered for this BBS program and thought I would reply to your post. Every claim for personal injury has 3 components: 1)liability (i.e. who was at fault); 2) damages or injury (physical & economic); and 3) causation. It appears that the insurance company here is challenging causation. This is very common, especially when it is apparent that they will lose on the other two components. Do you have a prior similar injury? If so, what was the extent of that injury? Did the MRI reveal a disk protrusion or extrusion (i.e. a herniated or bulging disk).
If you would like to discuss this matter further, please feel free to either respond to this email or contact my office directly. In Atlanta (404) 877-9181 outside of Atlanta: 1 (866) 977-9181 toll free.
Re: auto injury from teenage driver
When did the wreck occur? You have a two year statute of limitations from the date of the accident. What do your doctors say about the cause of your injuries? What insurance company are you dealing with? Some companies deny claims as a casual matter and hope that people go away without hiring an attorney. Your medical records need to be reviewed for causation. Do you have photos of your car?
If you can answer the above we can more intelligently answer your query.
Re: auto injury from teenage driver
The insurance company is trying to pull a fast one on you. Contact a personal attorney ASAP. Feel free to call for a consultation.
Re: auto injury from teenage driver
To the extent your question asks if it is possible that the trauma awakened some dormant or pre-existing condition, the answer is yes. Legally, aggravation of a pre-existing condition is compensable, meaning the law recognizes a right to recover for such an injury. Ultimately, however, at this point in the inquiry, what the medical records and doctors have to say about the situation is critical. If your treating physicians are willing to say to a degree of medical certainty that the trauma of your collision caused or aggravated a pre-existing condition which is responsible for the symptoms you now experience, it appears you have established the necessary causal relationship between the trauma of your collision and your medical problems. Assuming the other elements of a negligence claim are established, I feel your claim has merit.
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