Sustaining an injury due to someone else’s negligence and filing a personal injury case can be a long, complicated process. Moreover, if you have a pre-existing medical condition, the process becomes even more complex. Pre-existing conditions can significantly impact a personal injury claim in Wisconsin, and it’s essential to understand how.
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What is a Pre-Existing Condition?
A pre-existing medical condition refers to any health condition that you had before an accident or incident occurred. It could be anything from a chronic illness, a degenerative disease, or an earlier injury. Essentially, anything that could potentially affect the outcome of your injury case.
Impact of Pre-Existing Conditions on Injury Claims
The impact of pre-existing conditions on personal injury claims can vary depending on the circumstances of the incident and the nature of the injury. In some cases, a pre-existing condition may not affect the outcome of the case, while in other cases, it can play a significant role.
Case 1: Pre-Existing Condition Exacerbated by Injury
If an accident aggravates an existing injury or medical condition, the injured party may still be entitled to compensation. Proving that the pre-existing condition was worsened by the accident requires medical evidence, which shows that the pre-existing condition was stable before the incident.
For instance, if you had a previously healed groin injury that got re-injured in a car accident, you could potentially file a personal injury claim. However, the compensation amount you may receive could be less than the full amount, as the worsened injury may only be a portion of the overall discomfort.
Case 2: Pre-Existing Condition Has No Effect
In cases where a pre-existing condition does not affect the outcome of the injury claim, it may have little effect on the results. For example, if an individual with a pre-existing medical condition gets injured due to someone else’s negligence – and the injury is not related to the pre-existing condition – they will likely receive the full compensation amount.
Case 3: Pre-Existing Condition Contributes to Injury
In cases where a pre-existing condition contributed to the injury, the amount of compensation can be reduced. This scenario is known as the "eggshell plaintiff" rule. The eggshell plaintiff rule states that the person responsible for the injury is liable for all damages, even if the extent of the injury was more severe due to a pre-existing condition.
For instance, if you suffer from a pre-existing condition, such as osteoporosis, and you slip and fall on someone’s property resulting in a broken leg. Your compensation may be reduced as your pre-existing condition contributed to the injury.
The Importance of Seeking Medical Attention
If you have a pre-existing condition and have been involved in an accident, it’s essential to seek medical attention as soon as possible. Seeking medical attention helps to establish your pre-existing condition’s baseline and ensures that you receive appropriate medical care.
Delaying medical treatment can negatively affect your personal injury claim, especially if it’s discovered that you failed to seek medical attention immediately after the accident. Insurers may argue that your injuries are related to pre-existing conditions rather than the accident because you delayed seeking medical attention.
Conclusion
Pre-existing medical conditions can play a significant role in Wisconsin personal injury claims. It’s essential to disclose all pre-existing conditions to your attorney when filing a claim. Failing to do so can have significant implications on the outcome of your case.
In summary, if you have a pre-existing condition and have suffered an injury due to someone else’s negligence, you may still be entitled to compensation. However, the amount of compensation can be affected by a pre-existing condition, depending on the circumstances of the case. Seeking medical attention immediately after an accident is crucial in establishing your pre-existing condition’s baseline.