In Wisconsin, personal injury victims are often eligible to pursue damages for their injuries if they were injured due to another person’s negligence. Pre-existing conditions make an already complicated claim even more complex. Insurance companies often make it difficult for clients with pre-existing conditions to recover fair compensation. Thus, making it essential to hire an experienced personal injury lawyer to ensure you receive the compensation you deserve.
What are Pre-Existing Medical Conditions?
A pre-existing condition is any physical or mental health problem that a person had before suffering another injury in an accident. Examples include:
- Chronic neck or back issues
- Previously broken bones
- Strains and sprains
- A history of concussions
- Traumatic brain injury
- Asthma
- Diabetes
- Extreme obesity
- Sleep apnea
- Cancer
- Acne
- Depression
- High blood pressure
- Back and neck conditions from bad posture
- Epilepsy
Damages for Pre-Existing Conditions and Injuries
Damages refer to the compensation you receive after a successful personal injury lawsuit. The damages you could collect are the same between pre-existing condition claims and other personal injury claims. You could receive compensation for the following:
- Medical bills
- Chiropractor visits
- Lost wages
- Medical equipment
- Prescription medicine
- Pain and suffering
Pain and suffering is the most complex and challenging part to prove in a pre-existing condition claim. It is difficulted to put a dollar value on an individual’s pain and suffering and this is only exasperated by the pre-existing condition that was worsened in the accident.
Can You Still File A Claim With A Pre-Existing Injury?
Yes, you can still file a claim and receive fair compensation with a per-existing condition. Negligence, accidents, and car crashes can worsen pre-existing conditions and injuries. Insurance companies cannot deny a personal injury claim just because someone has a pre-existing condition. Instead of just proving that an injury occurred, pre-existing conditions make a claim more complex. With a pre-existing condition, your lawyer will need to prove that the condition worsened after the accident and if the damage it causes will have a long-term effect on your ability to cope with your condition. Often, detailed medical records are important to prove how your condition or injury has worsened since the incident.
Eggshell Skull Rule
The “eggshell skull rule” states that a defendant in a personal injury claim cannot use the plaintiff’s pre-existing conditions, frailty, or sensitivity to harm as a defense in a personal injury lawsuit. While you may be hesitant to file a personal injury claim because of your pre-existing conditions or injuries, the eggshell skull rule is in place to help protect you and ensure fair compensation.
Credibility
It is important to be upfront with medical professionals and your personal injury lawyer about your pre-existing conditions. Attempting to hide your previous injuries or conditions out of fear that your claims will not be taken seriously can damage the claim in the long run. Being honest from the beginning helps prevent anyone from accusing you of dramatizing your pain or concealing the truth.
Hiring a Wisconsin Personal Injury Lawyer
With pre-existing conditions or injuries, it is essential to hire an experienced lawyer who will fight for you to ensure that you receive the compensation you deserve. You are still eligible for damages even if you have pre-existing conditions, contact Konstantakis Law Office today for help with your claim.
