If you have been injured in an accident, you may be surprised at how an old injury you’ve long healed from can hurt your personal injury claim. Maybe you previously injured your back, had neck problems, underwent surgery, or have a pre-existing medical condition. While a prior related injury doesn’t bar your claim, it gives something for the insurance company to point to and blame for your current symptoms, other than the accident.
Proving “Cause”
After being injured in an accident, in order to recover from the at-fault party/their insurance company, you have to prove not only that they made some mistake (acted negligently) and are responsible for the accident, but also that the accident caused your injury. If you had a similar injury before the accident, the insurance company may argue that your current symptoms were caused by your prior condition rather than the new accident. For example, if you had occasional back pain before a car crash but experienced significantly increased pain, treatment, or limitations afterward, the insurance company may question how much of your condition is attributable to the crash.
Aggravation of preexisting conditions
However, what insurance companies often ignore is that an accident does not have to create an entirely new medical problem for you to have a valid claim.
Sometimes an accident aggravates or accelerates an existing condition. Someone who already has arthritis, a degenerative disc condition, or a previous injury may be more susceptible to serious symptoms following an accident. The law recognizes this and allows people to recover for aggravations of pre-existing conditions.
The important question is not simply, “Was this person injured before?” Instead, it is often, “What did this accident cause, aggravate, or change?”
Medical records before and after the accident can be particularly important in answering that question.
Honesty is the best policy
It is important to be honest about your medical history.
Trying to hide a prior injury can seriously damage your credibility if the insurance company discovers it later (and they almost certainly will).
Instead, work with your attorney to explain the history accurately. A prior injury does not necessarily negate your claim, but it can make it more complicated and difficult.
The Bottom Line
A prior injury does not mean you cannot have a successful personal injury claim.
What matters is understanding the difference between the condition you had before the accident and the condition you have because of the accident. If an accident made an existing problem substantially worse, that change may be an important part of your claim.
If you have a pre-existing injury or medical condition, it is especially important to discuss your complete medical history with an experienced Wisconsin personal injury attorney before settling your claim. Once you accept a settlement, you generally cannot go back and ask for additional compensation if your injuries turn out to be more serious than initially expected.
Talk to a personal injury attorney about what you’re entitled to if you’ve been injured in an accident.
