When dealing with personal injury claims, we often overlook the impact that substance abuse can have on the case. Having a history of drug issues will undoubtedly complicate the matter, and it can affect the compensation you receive after suffering injuries from an accident. If you do struggle with substance abuse, it would be wise to disclose the information to your car accident attorney.
You may believe that substance abuse won’t affect your case. However, you should expect attorneys representing the defendants to use it against you if they can. Allow us to explain why and how substance abuse can impact your personal injury claim:
After filing a personal injury claim, the opposing attorney will try to determine if you have a history of abusing drugs. They ultimately want to dispute and delegitimize your claim – even if drugs weren’t a factor in your case. In certain situations, your drug history won’t impact your case. Still, it’s always best to talk to your attorney about it.
How Will a Jury React?
Your case could potentially end up in court – a judge and jury will then decide on the validity of your personal injury claim. If you have a history of drug abuse, it could impact the perception of your case in front of the jury. Even if drugs didn’t play a role in the accident, the jury could lose sympathy for you. Make sure your attorney understands how to handle these cases and work them out in court.
When Drug Use Occurs Within a Day of the Accident
Drug use around the time of the accident can also be an issue for your personal injury claim. However, context is essential, and we want to present you with a few scenarios where it can affect your case.
Here’s an example: You were drinking beer with your friends at a restaurant. You had about four beers over a couple of hours. When you leave the restaurant, you trip and fall on the way out, sustaining severe injuries. Obviously, you’re less likely to obtain compensation in such a situation.
Let’s also assume that you were consuming alcohol, but it took place about 12 hours before a car accident. Or, perhaps you took medication, which could impair your logic depending on the dosage. These circumstances can also affect your claim, especially when determining who’s at fault.
Honesty and Experience
When pursuing a personal injury claim, you need to be honest with yourself and your attorney. Once they know the full extent of your drug history, they can come up with a plan to win your case. If your claim goes to court, there’s a good chance that any drug abuse in your past could come to light.
An experienced attorney will know precisely how to handle your case, even if you have issues with substance abuse. Here at HHJ Trial Attorneys in San Diego, we can maximize the value of your claim and help you recover the compensation you deserve. Schedule an appointment with us today, and we can immediately begin working on your case.
Testimonial from Anne, Car Accident Victim in San Diego
Michael at HHJ Trial Attorneys is a professional Accident & Personal Injury Lawyers group. This group is very highly recommended! They are very professional compared to other firms. If you are looking for a quality group of attorneys that will get the job done, this is the one to call!