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Georgia Accident Victims May Use Prior Medical Records as Evidence


Blog Category:
9/30/2015
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After six years of steady declines the number of traffic fatalities increased in the first nine months of 2012. A report by the National Highway Traffic Safety Administration (NHTSA) estimated that 25,580 people died in auto accidents from January through September compared to 23,884 during the same period in 2011.

Consulting a Clayton County attorney after an auto accident enhances a victim's ability to receive a reasonable settlement. If you have been injured in an automobile accident you should discuss your case with an accident attorney at the Law Offices of Shane Smith.

Georgia regulations are compatible with the Federal Evidence Code and favors both evidence admissibility and a belief that juries can interpret medical records.

Until recently, medical records needed to be heavily redacted if they were introduced as evidence. All opinions from health care providers were considered hearsay and therefore inadmissible. Under recently incorporated rules, accident victims' prior medical records can be reviewed by a jury. Victims who had no prior medical issues can submit medical records from after an accident and the jury can determine if the accident was the proximate cause of the injuries.

The law creates more of a problem if an accident victim has an injury history. For example, if a victim had been seeing a chiropractor prior to an accident it may be difficult to prove that an accident caused the victim's severe back pain.

If you or someone you know has been hurt in an auto accident, meet with a Clayton County auto accident lawyer. Call the Law Offices of Shane Smith to schedule a free legal consultation.



Category: Auto Accidents


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