What If a Car Accident Aggravates a Pre-Existing Injury?

Many people have medical conditions that impact their day-to-day lives. Many people also have medical conditions that they don’t know about. In the context of a car accident, these are referred to as “pre-existing conditions” (or “pre-existing injuries”), and they can play an important role in the insurance claims process. 

If you have a pre-existing injury, this does not bar you from filing an insurance claim after a car accident in Wisconsin. You have the same rights as anyone else—and this includes the right to seek compensation for your losses resulting from the accident. This is true even if these losses relate to the aggravation of your pre-existing condition. 

Wisconsin’s “Eggshell Plaintiff” Doctrine

Like many states, Wisconsin follows what is known as the “eggshell plaintiff” doctrine. What this means is that if you get injured in a car accident, you are entitled to compensation for your accident-related losses regardless of any pre-existing injuries you may have. If you incur losses as a result of the accident, you are entitled to compensation for these losses—end of story.

But, unfortunately, this does not mean that the process will be easy. The insurance companies routinely fight to avoid liability for car accidents, and they frequently try to rely on victims’ pre-existing conditions as grounds for denying coverage. This includes common pre-existing injuries and other pre-existing conditions such as:

• Anxiety, depression, and post-traumatic stress disorder (PTSD)
• Arthritis
• Asthma 
• Bone and soft tissue injuries 
• Chronic back pain
• Degenerative bone conditions
• Heart and lung conditions
• Osteoporosis 
• Permanent effects of surgery 
• Previous head trauma (including concussions)

Again, if you have any of these (or any other) pre-existing injuries or conditions, this does not mean that you are without legal rights. If you have incurred medical bills, lost earnings, or other financial losses as a result of the accident, you are entitled to compensation for these costs under Wisconsin law. If you are coping with physical pain and suffering, emotional trauma, or any other non-financial consequences, you are entitled to compensation for these as well. 

Filing a Successful Car Accident Claim When You Have a Pre-Existing Injury or Condition 

If you are facing financial and non-financial costs as the result of a car accident and you have a pre-existing condition, filing a successful claim will require thorough documentation and a strategic approach. With this in mind, getting the treatment you need should be your first priority. By seeking medical treatment promptly, you will help ensure that you have the medical records needed to prove that the accident has had a negative impact on your physical and/or mental health. 

Once you hire an experienced lawyer to represent you, your lawyer will be able to request your prior medical records related to your pre-existing injury or condition and then compare these to your new medical records to demonstrate the consequences of the accident. If necessary, your lawyer can engage medical experts to testify to the consequences of the accident as well. Your lawyer can also work with medical experts to document the long-term effects of the accident, which will be critical for seeking compensation for your future medical bills, lost earnings, and other financial and non-financial losses. 

What if the Insurance Company Says You Aren’t Entitled to Coverage?

What if, despite everything, the insurance company still says you aren’t entitled to coverage? What if the insurance company says that your pre-existing injury is to blame for your losses, and it denies liability for your claim?

This is where having an experienced lawyer on your side is essential. As long as you hire a lawyer to represent you in time, your lawyer will be able to:

• Use your medical records to prove your accident-related losses
• Ensure that the insurance company recognizes Wisconsin’s “eggshell plaintiff” doctrine
• Take the insurance company to court if necessary

With that said, going to court is not necessary in most cases. While there are no guarantees, even in cases involving pre-existing injuries, the vast majority of successful car accident insurance claims settle out of court. To help maximize your chances of recovering compensation as quickly as possible, you should speak with an experienced lawyer right away. 

Speak with a Wisconsin Car Accident Lawyer for FREE

Do you need to know more about protecting your legal rights after a car accident in Wisconsin? If so, contact us today.

Contact the Wisconsin car accident lawyers at Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We proudly serve all of Wisconsin, including Plover, Marshfield, Stevens Point, and other areas.