Colorado was one of the first states in the nation to legalize marijuana
for recreational use, and many users in the state rely on marijuana for
medicinal uses. It is legal to use marijuana throughout the state, but
that doesn’t mean that you are entirely free to use the substance.
Marijuana has been shown to impair users’ judgment and reactions
and can affect more than just users’ physical abilities. If you
are a regular user of medical marijuana, it may affect your
personal injury claim as well.
When you file a personal injury claim, the other part will often do everything
in their power to avoid paying out the full amount you deserve. One tactic
they may use is to argue that your medical marijuana usage made you partially
liable for you accident. Even if you were not high at the time, THC can
linger for days in your blood stream, and later blood tests can pick up
these traces. This argument is also used for prescription medications
as well, and can be a way that insurance companies try to discredit you.
Insurers may argue that your medication or medical marijuana use inhibited
your judgement, slowed your reflexes, or otherwise impaired you. If you
were impaired at the time of our accident, your actions may be seen as
contributing to the accident. Your medical marijuana use can be called
into question, and it is possible that it may harm your personal injury claim.
Even if you keep your medical use from others, it is possible that the
opposing party’s insurance company may comb your medical records
for signs of usage. You may have told your doctor that you were a recreational
user previously, which can be used to demonstrate that you used marijuana.
If you are found to have lied about your use to your doctor, insurance
companies will doubt that you were truthful when relating information
about your pain and other symptoms to your doctor. They may also look
for previous drug-related arrests in your record to further their arguments.
Because of the way that marijuana can remain in the body, it can be difficult
to prove the last time you used the substance, but a positive drug test
can also cast doubt on your claim. Your attorney can help you argue that
you were not impaired at the time of your accident, and may call on expert
medical witnesses, testimony from your doctor, or blood tests to demonstrate
that you should not be held liable for your accident.
While your lawyer may be able to demonstrate that your usage did not cause
your accident, there is nothing they can do if you willfully admit that
you were compromised by marijuana or volunteer that you use it. Consult
your attorney before discussing your use. It can be difficult to win a
personal injury claim as a medical marijuana user, but it is not impossible.
With a skilled personal injury lawyer on your side, you can demonstrate
that your usage did not contribute to your accident.
If you are a medical marijuana user who has been injured, it may be an
uphill battle for you to receive compensation for your injuries. Our team at
Clawson & Clawson, LLP, can rely on 120 years of collective experience to fight for you, and
help your case be settled successfully. Let our award-winning Colorado
Springs personal injury attorneys defend your claim.
Contact Clawson & Clawson, LLP today to schedule an
initial consultation with our team.