Can Pre-Existing Conditions Affect My Personal Injury Claim in Wisconsin?

If you have pre-existing conditions, they can affect your Wisconsin personal injury claim, but not in the way you might fear. Under Wisconsin law, defendants are fully responsible for injuries they cause, even when those injuries are more severe due to their existing health conditions.

At Pemberton Personal Injury Law Firm, we have successfully represented countless clients with pre-existing conditions across Wisconsin. Our team understands how insurance companies attempt to exploit medical histories to reduce compensation. We fight to ensure every client receives full compensation for all injuries, regardless of their health before the accident. The truth is insurance companies will try to use your medical history against you, but Wisconsin’s legal framework protects injury victims with pre-existing conditions.

How Wisconsin Law Protects Injury Victims With Pre-Existing Conditions

Wisconsin follows a legal principle known as the “eggshell skull rule,” which was established in Wisconsin in the landmark 1891 case Vosburg v. Putney. In this case, a 12-year-old boy kicked another student in the shin during class. The seemingly harmless kick aggravated a pre-existing leg injury, ultimately causing permanent damage.

The Wisconsin Supreme Court ruled the kicking student liable for all resulting injuries, even though he did not know about the other boy’s existing condition. The court held that wrongdoers must “take their victims as they find them.”

This means defendants cannot reduce their responsibility simply because your body was more vulnerable to injury than the average person. Whether you have arthritis, a previous back injury, diabetes, or any other condition, the person who caused your accident is liable for the full extent of harm they cause.

What Compensation Can You Recover?

When someone injures you and aggravates a pre-existing condition, you can pursue compensation for all damages directly caused by the accident. The defendant is not responsible for your underlying condition itself. Instead, they are liable for any worsening of that condition caused by the accident.

For example, if you had chronic back pain before a car accident but the collision caused a herniated disc requiring surgery, the at-fault driver owes compensation for the herniated disc and related treatment.

You may be entitled to recover the following damages:

• Medical bills for the treatment of the aggravated injury
• Lost wages from missed work due to the worsened condition
• Pain and suffering related to the additional harm caused by the accident
• Future medical expenses if the aggravation requires ongoing care

Typically, a lawsuit must be filed within three years from the date of the injury, and this same three-year period generally applies regardless of whether the injured person had pre-existing conditions. However, there are important exceptions and nuances that can affect the applicable deadline.

How Insurance Companies Will Try to Use Your Medical History

Despite clear legal protections, insurance adjusters often attempt to minimize claims involving pre-existing conditions. They may argue your current symptoms stem entirely from your existing condition rather than the accident. They might claim the accident merely revealed a condition you already had, or that your injuries would have occurred regardless of their client’s actions.

Thorough documentation is your strongest defense. Keep all medical records from before and after the accident, maintain detailed notes about how your condition has changed, attend all medical appointments, and follow your treatment plan exactly as prescribed. Your attorney can work with medical experts who can testify about how the accident specifically aggravated your condition.

The Importance of Full Disclosure

Never hide your medical history from your attorney. While it might feel tempting to downplay prior injuries, full transparency is critical to building a strong case. Your medical records will surface during the legal process, and any appearance of dishonesty can damage your credibility.

When you openly discuss your health history with your lawyer, they can develop strategies to address these issues proactively. This includes explaining to insurance companies and juries how your condition made you more vulnerable to serious injury, demonstrating the specific ways the accident worsened your health, and ensuring all damages truly caused by the accident are properly documented.

Why Early Legal Guidance Matters in Cases Involving Pre-Existing Conditions

The earlier you consult with a Wisconsin personal injury attorney, the better your chances of maximizing your compensation. Early involvement allows your lawyer to preserve critical evidence before it disappears, communicate with insurance companies on your behalf to prevent damaging statements, arrange for proper medical evaluations that document the aggravation of your condition, and build a comprehensive case strategy.

Insurance companies promptly investigate claims involving pre-existing conditions. They will scrutinize your medical records, interview witnesses, and develop arguments to minimize their liability. Having an attorney levels the playing field and ensures defendants are held fully accountable for the harm they cause.

Contact Pemberton Personal Injury Law Firm to Fight for Fair Compensation

Pre-existing conditions do not disqualify you from pursuing fair compensation after an accident. Wisconsin law recognizes defendants must accept responsibility for the full extent of injuries they cause, regardless of their underlying health. The key is proving the connection between the accident and the aggravation of your condition.

If you have been injured in an accident and are concerned about how your pre-existing conditions might affect your claim, contact Pemberton Personal Injury Law Firm. Our team understands Wisconsin’s personal injury laws and knows how to protect clients with complex medical histories.