If you were injured in an accident that was someone else’s fault and you have a pre-existing injury, you might think that you can’t file a claim against the at-fault party. After all, you already had an injury. However, many people have pre-existing conditions when they are hurt by careless drivers and other negligent parties. 

Understanding your rights after an accident when you have a pre-existing condition is essential so you don’t waive your legal rights. If you have a pre-existing condition and were in a car accident, an experienced attorney from Nowlan Personal Injury Law can explain Wisconsin law regarding pre-existing conditions and how it can affect your personal injury claim. Call us today to get started with a free case review. 

What Is a Pre-Existing Condition? 

A pre-existing condition is any medical condition that you had before the accident. This could be a medical condition, such as arthritis or an injury, like a previous back injury. In personal injury law, a pre-existing condition is one that affects your current injury. 

Common Types of Pre-Existing Conditions 

Nearly any condition could be considered a pre-existing condition, including conditions that make you more susceptible to injury, the site of a previous injury at or near the location of a current injury, or an injury that worsens or requires new treatment because of the personal injury accident. Examples of pre-existing conditions include:

• Arthritis, osteoporosis, or other bone conditions  
• Back pain or other chronic pain conditions
• Previous fractures or joint surgeries
• Degenerative bone conditions, herniated discs, or spinal cord injuries
• Previous concussions or other traumatic brain injuries from car, work, or slip and fall accidents
• PTSD, anxiety, depression, or other mental health conditions 
• Injuries you suffered at work 
• Sprains and strains from previous accidents
• Past surgeries, such as knee placements
• Heart disease or asthma 

Eggshell Skull Doctrine 

Despite what the insurance company might have you believe, pre-existing conditions should not affect your ability to recover compensation for your new, accident-related injuries. This is because Wisconsin follows the eggshell plaintiff rule. 

Under this rule, defendants must take plaintiffs as they come. If the plaintiff has a pre-existing condition that makes them more susceptible to injury than someone else, such as a skull as thin as an eggshell, this does not absolve the defendant of their responsibility to compensate for the harm they caused. Defendants don’t escape liability just because the plaintiff happened to have a previous condition or injury. 

Instead, defendants are responsible for injuries that they cause that exacerbate the plaintiff’s harm. Defendants are responsible for the full extent of the injuries they cause in the accident, including an aggravation of a pre-existing condition or causing a new injury to the same affected body part. 

How a Personal Injury Lawyer Can Help with Cases Involving Pre-Existing Conditions 

Even though insurance companies are typically aware of the eggshell skull rule, they may still try to convince claimants that they don’t have a right to financial compensation. This is because insurance companies are for-profit companies that will try to do everything within their power to protect their profits, even if that means misleading claimants. After all, many people are used to their health insurance denying their claims for pre-existing conditions. 

Insurance companies may use deceptive tactics to try to convince personal injury victims to resolve their cases for less than they deserve. They may issue blanket denials, or they may try to reduce the amount paid on the claim, citing a pre-existing injury. This often occurs when injuries are more serious than they otherwise might have been had there not been a pre-existing condition. 

An experienced personal injury lawyer can help protect your rights and your interests from insurance companies that are only interested in minimizing the amount they have to pay on your claim. Your lawyer can explain your legal rights and give you advice about how to move forward. When you have a personal injury attorney representing you, the insurance company will know that you are serious about your claim and understand your rights. 

A personal injury lawyer can help with your claim by:

• Investigating the accident and identifying all at-fault parties
• Gathering evidence to prove fault in the accident
• Working with your medical providers to help distinguish between old and new injuries
• Helping to document the aggravation of pre-existing conditions 
• Gathering documentation regarding additional medical treatment 
• Handling communications with insurance companies 
• Gathering information about your lost income, medical bills, and other damages in your case
• Presenting a compelling demand letter to the insurer
• Calculating a possible settlement range for your personal injury claim 
• Advising you on whether you should accept a settlement or if it is a lowball settlement offer
• Taking timely legal action on your case by filing a lawsuit before the statute of limitations expires 

Throughout the insurance claim process, your lawyer will represent your best interests. Learn more about your legal options by calling Nowlan Personal Injury Law today.

When You Can Be Compensated for a Personal Injury with a Pre-Existing Condition 

You cannot recover compensation for injuries that existed before the accident. However, you can recover for the following types of injuries:

Aggravation of a Pre-Existing Condition 

If you had a pre-existing condition and were injured again in a new accident, your existing condition could have been aggravated or worsened. The aggravation of pre-existing conditions is compensable. 

You could be entitled to financial compensation if you:

• Are experiencing new symptoms
• Are dealing with more pain than usual
• You require new medical treatment 

Suppose you had previously suffered a back injury after falling at work. If you were injured in a subsequent truck accident, your injury could be aggravated. You might require additional medical treatment, such as surgical repair, physical therapy, and prescription medications. While you wouldn’t be compensated for your work injury, you could be compensated for the new injuries you suffered. 

New Injury

Another possibility is that you suffered from a completely new injury. For example, you may have broken your leg in a playground accident when you were in elementary school. Your injury is completely healed. However, a subsequent ATV accident causes you to suffer a new broken leg. The liable party in a personal injury case is responsible for the costs and losses you incurred because of the accident. 

What You Have to Prove to Recover Compensation with Pre-Existing Conditions

Personal injury cases focus on compensating injury victims in an attempt to return them to the position they were in before an accident. To recover damages in a personal injury case involving a pre-existing condition or injury, you must be able to show either that you suffered a new injury or a worsening of your previous condition. This is best proven through medical records that show:

• X-rays or other images of your new injury vs your old injury
• Doctor’s notes regarding the onset of new symptoms
• Pain logs that show a difference between your previous pain levels and your current ones
• Recommended treatment plans for new surgeries or medical procedures to treat your new injuries
• Prescriptions for new medications to treat pain or other symptoms

Your personal injury attorney can work closely with your medical providers to ensure that your medical records clearly delineate your new and old injuries. They can also work to gather additional evidence, including:

• Statements from your employers regarding how the new injury affected your ability to work
• Check stubs, tax returns, and other proof of a loss or reduction of your income
• Costs for medical equipment, prescription medications, and over-the-counter supplies
• Your statements and journal entries of how your pain and symptoms have changed since the accident
• Statements from your spouse, loved ones, friends, and neighbors regarding how the injury has affected your life 

Financial Compensation for Pre-Existing Injuries 

If you have a pre-existing condition, you can seek compensation for the additional expenses and losses you incurred because of the accident. This includes compensation for your economic and non-economic damages. Economic damages include costs tied to a direct financial consequence of the accident, such as medical expenses. Non-economic damages compensate for more subjective losses, like pain and suffering.

Through a personal injury claim, you can seek compensation for the following:

• Medical expenses: You can receive money to pay for the expenses you incurred for emergency medical treatment, ambulance charges, medical costs associated with your worsening pre-existing condition, and payment for future medical expenses. 
• Lost wages: You can seek compensation for the wages you lost while you were recovering from your injuries or were seeking medical treatment. 
• Reduced earning capacity: Your new injuries could cause a permanent disability or cause you to transfer to a less physically demanding job that pays less. You can seek compensation for your diminished earning capacity. 
• Property damage: You can seek payment for the costs to repair or replace your damaged property, such as your vehicle. 
• Pain and suffering: Some losses are less tangible in nature, yet all too real. You can seek compensation for these losses, which include physical pain and suffering. 
• Emotional distress: You also have the right to pursue compensation for your emotional distress, mental anguish, and psychological trauma caused by the accident. 
• Loss of enjoyment of life: Your new or exacerbated injuries could cause you to lose enjoyment of your life. You might not be able to participate in favorite pastimes or enjoy relationships with others. 

A knowledgeable lawyer can help you understand the damages you might be able to recover in a personal injury claim.

What Is My Personal Injury Case Worth?

Every personal injury case is different. Factors that could affect the value of your claim could include:

• The type of injuries you had before the accident
• The type of injuries you had after the accident
• The severity of your injuries
• The type of accident you were involved in
• How many parties are responsible for your injuries
• Your anticipated medical treatment and its costs
• How the new or worsened injuries will likely impact your ability to work
• How the injuries have affected you
• The extent of your pain and suffering

An experienced personal injury attorney can help document your injuries and determine a value for your less tangible benefits. 

What You Should Do If You Are Involved in an Accident and Have a Pre-Existing Condition 

If you were injured in an accident and have a pre-existing condition, take these steps to protect your legal rights:

• Call the police to report the accident.
• Seek immediate medical attention.
• Inform your doctors of your previous injury so they can properly document your new injuries and symptoms.
• Document the accident scene.
• Get information from the at-fault party.
• Ask witnesses for their contact information. 
• Don’t talk to insurance companies without a lawyer.
• Contact a personal injury attorney as soon as possible. 

Will My Case Go to Trial?

Some accident victims are concerned about going to court and having to testify about their private medical information. Many successful personal injury cases settle outside court with a negotiated settlement with the insurance company or another party. However, insurance companies may try to deny your claim if you have a pre-existing condition. 

If the insurance company denies your claim, your lawyer can seek to appeal this decision and provide additional information to support your claim. However, if the insurance company is steadfast in its decision, your lawyer can file a personal injury lawsuit on your behalf. Whether your case is ultimately settled or tried, your lawyer will be with you every step of the legal process. 

Let Us Handle the Insurance Pushback – Free Case Review Available 

If you have a pre-existing condition and were recently injured in an accident, you need dedicated legal assistance. An experienced lawyer can anticipate potential challenges in your case and how to respond to them. 

Nowlan Personal Injury Law has decades of legal experience and has recovered millions of dollars in compensation for clients. Learn more about your legal rights when you call for a free consultation.