How Do Pre-Existing Medical Conditions Affect a Personal Injury Claim?
Jan. 12, 2023
In Wisconsin, negligent accident and personal injury victims are often eligible to pursue damages for their injuries through a claim or lawsuit. However, having a pre-existing medical condition may create various challenges when seeking financial compensation for your injuries. A highly-skilled Wisconsin personal injury attorney can help you understand how your pre-existing health problems can affect the outcome of your injury claims.
At The Paul Benson Law Firm, I have devoted my career to handling personal injury cases and advocating for the best interests of accident victims and their loved ones. Also, I have the experience to review all of the facts of your specific situation and help you pursue the rightful financial compensation for your injuries, pain and suffering, and other potential damages. My firm proudly serves clients across Janesville, Beloit, and Rock County, Wisconsin.
What Are Pre-Existing Medical Conditions?
A pre-existing medical condition can be described as any physical or mental health problem that a person had before suffering another injury in an accident. Pre-existing medical conditions may include injuries, diseases, illness, and other underlying health issues. Common examples are as follows:
High blood pressure
Back and neck conditions from bad posture
Chronic back pain
Chronic Obstructive Pulmonary Disease (COPD)
If you were involved in an accident while having a pre-existing health issue, you should reach out to a seasoned personal injury attorney now. Your lawyer can fully explain how your existing medical condition affects your injury claims and determine the best course of action.
How Do Pre-Existing Conditions Affect a Personal Injury Claim?
Wisconsin is an at-fault auto insurance state. This means that the person who caused your injury or the accident will be held financially liable for your medical bills, property damages, and other accident-related expenses suffered. However, your pre-existing injury or medical issue can make your situation a little bit complex.
To pursue damages under your current circumstance, you must show that – in addition to other elements of establishing liability – the at-fault party's negligence caused, worsened, or is currently affecting your pre-existing injuries or medical condition.
If you are able to establish liability and achieve a successful outcome with your personal injury claims, the insurer will pay for your damages suffered in the accident. In addition, you will also receive financial compensation for your pre-existing injuries. An experienced attorney can explain how the eggshell doctrine might affect your claims and help you seek the maximum possible compensation.
The "Eggshell Skull Plaintiff" Rule
The "eggshell skull plaintiff" rule is a legal concept that is often employed in personal injury cases involving claimants with existing medical issues or injuries. Under the rule, a defendant is legally responsible for all reactions and damages suffered by the claimant due to their negligence, regardless of whether or not they were aware of the victim's existing injuries or medical condition.
However, both the claimants and defendants are affected by the eggshell plaintiff principle. Essentially, claimants are categorized into two. These include:
Plaintiffs who have pre-existing injuries or medical conditions.
Eggshell skull plaintiff – A person who is vulnerable to harm or injury due to their delicate health situation.
A practiced personal injury attorney can evaluate every surrounding detail of your unique situation and determine the best way to proceed with your personal injury claims.
Get the Compassionate Legal Support You Need
Seeking damages for injuries suffered in a negligent accident when you have an underlying health issue can be complicated. Nevertheless, you're not alone. At The Paul Benson Law Firm, I am ready to help you hold those responsible for your injuries and damages accountable.
I have the resources necessary to investigate all of the surrounding facts of your case and explore your possible options to seek damages. In addition, I can gather substantial evidence to establish liability and help prove that the negligent actions of the at-fault party caused or deteriorated your health condition.
Also, I will fight compassionately to protect your rights and walk you through the complex claims processes. I will help you pursue fair financial compensation to cover your medical expenses, lost income, property damages, future medical treatment, and pain, discomfort, and suffering.
Contact my firm, The Paul Benson Law Firm, today to arrange a case assessment with a knowledgeable personal injury lawyer. I proudly serve clients across Janesville, Beloit, and Rock County, Wisconsin.