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The Impact of Substance Abuse on Your Personal Injury Claim

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 our Los Angeles drug attorneys to explain why and how substance abuse can impact your personal injury claim:

Will My Drug History Impact My Personal Injury Claim?

Something that our Los Angeles drug lawyer will review will be your drug history. 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 to My Drug Injury Claims?

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.

 

 

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What Information Should You Disclose to a Los Angeles Drug Injury Lawyer?

If you are seeking assistance from a Los Angeles drug injury attorney, it is important to provide them with relevant information about your case. While the specific details may vary depending on the circumstances, here are some important pieces of information you should disclose:

  • Personal Information: Provide your full name, contact details, and any other relevant personal information required for legal documentation.
  • Medical Information: Share your medical history, including any pre-existing conditions, medications you were taking, and any known allergies. It’s particularly crucial to provide details about the drug or medical device that caused your injury, including its name, dosage, and the duration of use.
  • Timeline: Provide a detailed timeline of events, starting from when you began using the medication or medical device up to the time when you experienced the injury or adverse effects. Be sure to mention any noticeable changes in your health or symptoms that occurred after starting the medication.
  • Adverse Effects: Describe the specific adverse effects or injuries you experienced as a result of using the drug or medical device. Include information about the severity of the effects, any hospitalizations, surgeries, or other medical treatments you underwent, and the impact it had on your daily life.
  • Medical Records: Provide copies of your relevant medical records, such as test results, doctor’s notes, and any other documentation related to your injury. These records can help establish a connection between your use of the drug or device and the resulting harm.
  • Communications: If you have had any communications with the drug manufacturer, healthcare providers, or insurance companies regarding your injury, provide copies of those communications. This includes emails, letters, or any other written correspondences.
  • Witnesses: If there were any witnesses to your injury or individuals who can testify to the impact it had on your life, provide their names and contact information. Witness testimonies can be valuable in supporting your case.
  • Legal Documentation: If you have already filed a complaint, received a settlement offer, or engaged in any legal proceedings related to your injury, inform your attorney about the current status of your case and provide them with any relevant documentation.

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.

 

 

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Do I Need Representation from a Drug Injury Attorney in Los Angeles?

Determining whether you need representation from a drug injury lawyer in Los Angeles depends on the specific circumstances of your case. However, in many drug injury cases, it is advisable to seek legal representation. Here are some reasons why you might need a drug injury lawyer:

  • Complex Legal Process: Drug injury cases can involve complex legal procedures, including filing a lawsuit, gathering evidence, negotiating with insurance companies, and navigating the court system. An experienced Los Angeles drug injury lawyer can guide you through these processes, ensuring that your rights are protected and that you have the best chance of obtaining a favorable outcome.
  • Knowledge of Drug Laws and Regulations: Drug injury attorneys have in-depth knowledge of laws and regulations surrounding pharmaceuticals, medical devices, and personal injury. They are familiar with the legal standards required to prove a drug injury case, such as establishing a link between the drug or device and your injuries, gathering medical evidence, and demonstrating negligence or product liability. Their expertise can significantly strengthen your case.
  • Resources and Network: Drug injury lawyers typically have access to a network of experts, including medical professionals, investigators, and consultants, who can help build a strong case on your behalf. They can utilize their resources to gather evidence, conduct research, and analyze the medical and scientific aspects of your case.
  • Advocacy and Negotiation: A skilled drug injury lawyer will act as your advocate, representing your interests and fighting for the compensation you deserve. They can engage in negotiations with insurance companies, drug manufacturers, and other parties involved in your case to ensure you receive fair compensation for medical expenses, lost wages, pain and suffering, and other damages.
  • Peace of Mind: Dealing with a drug injury can be emotionally and physically taxing. By hiring a drug injury lawyer, you can alleviate some of the burden and stress associated with navigating the legal process. They can handle the legal aspects of your case, allowing you to focus on your recovery and well-being.

It’s important to consult with a drug injury lawyer in Los Angeles who specializes in this area of law to evaluate the specific details of your case and provide you with tailored advice. They can assess the strength of your claim, inform you of your legal rights, and recommend the best course of action to pursue.

Honesty and Experience from Trusted Los Angeles Drug Injury Lawyers

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!

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