Imagine already dealing with chronic back pain or an old knee injury, then someone rear-ends you at a stoplight, and suddenly, everything hurts worse. You deserve compensation for your injuries, but you’re worried the insurance company will blame your pre-existing condition and deny your claim.Â
The good news is that having a medical history doesn’t disqualify you from recovery. In fact, Wisconsin law protects your right to compensation when an accident worsens existing health issues you just need to know how to navigate the process.
Contact our Milwaukee car accident lawyers today for help with your car accident claim.
Common Types of Pre-existing InjuriesÂ
Pre-existing injuries are medical conditions or physical impairments you had before your car accident occurred. These conditions can range from minor issues to significant health problems that affect your daily life. Common examples of pre-existing injuries include:
- Back injuries
- Neck pain or whiplash
- Arthritis
- Degenerative disc disease
- Old fractures
- Chronic migraines
- Herniated discs
- Soft tissue damage
- Joint problems
- Previous concussions
Important Considerations Regarding Pre-existing Injuries
Wisconsin law includes several protections that work in your favor when you have a pre-existing condition. The eggshell plaintiff doctrine states that defendants must take victims as they find them. If your existing condition made you more vulnerable to injury, the at-fault party is still responsible for the full extent of your damages, even if someone without your condition would have suffered less harm.
Under Wisconsin’s comparative negligence statute, you can recover damages even if you are partially at fault for your injuries. However, the court will reduce your settlement according to your percentage of fault. Your pre-existing condition might have made you more susceptible to harm, but the other driver cannot use it as a basis for comparative negligence. Their actions are at fault for the accident, not your old injuries.Â
If the other driver’s negligence aggravated or worsened your existing condition, they are liable for those damages in addition to any new injuries that you sustained. You must disclose your medical history up front. If the insurance company or court discovers undisclosed medical issues later, they will question your credibility, which could harm your claim.
What If the Accident Aggravates a Pre-existing Injury?
When an accident worsens your existing condition, you are entitled to compensation for that aggravation. You will need to demonstrate that the collision not natural progression or other external factors—caused your condition to deteriorate.
In these situations, medical documentation becomes your strongest asset. Your treating physicians can testify about your condition’s baseline status before the accident and explain how the collision changed your prognosis, increased your pain levels, or created new limitations.
Don’t Let Your Medical History Prevent You from Seeking Justice
Pre-existing injuries shouldn’t prevent you from receiving fair compensation after a car accident, but the other party will try to use them against you. A Wisconsin car accident attorney understands how to protect your rights and prove the full extent of your accident-related damages, regardless of your medical history.
Your lawyer will work with medical experts to document how the accident aggravated your pre-existing condition, distinguish new injuries from old ones, and demonstrate the increased treatment and costs you now face. They will also counter insurance company arguments with solid evidence and aggressive advocacy, fighting for a settlement that addresses the real harm you’ve suffered. Contact us to schedule a free consultation today and build a case for the compensation you deserve.Â