What If I’m Hurt in an Accident and Have a Pre-Existing Injury?

Under Wisconsin law, insurance covers situations in which a motor vehicle accident aggravates a preexisting medical condition in an accident victim. This often is referred to the “take your victim as you find him”  or “eggshell” doctrine under common law. This means that it doesn’t matter what medical condition the individual was at the time of the accident. A driver who acted negligently in causing the accident is responsible not only for new injuries to the victim, but also for any aggravation or worsening of an existing condition. However, he or she is only liable to the extent that his or her negligence directly and naturally caused the aggravation of a preexisting condition.

In order to hold a driver responsible for exacerbating an accident victim’s preexisting condition, the injury victim must prove that it is more probable than not that the accident changed or aggravated the victim’s condition to a degree that was significant enough to be caused by the accident. There must be a direct causal connection between the accident and the worsening of the preexisting condition, or between the victim’s present condition and the injuries related to the accident.

If you can prove that the driver that caused the accident that led to the worsening of your medical condition, then the driver may be liable, or financially responsible, for the medical bills, lost wages, pain, and suffering caused by the injuries. The driver also will be responsible for any other damages that naturally flow as a result of the accident, injuries, and worsening of a preexisting medical condition. No matter what kind of preexisting condition is at issue, the driver who acted in a negligent manner may be responsible for the injuries that aggravated the condition.

When an accident causes serious injuries to you or a loved one, the impact can be devastating. Although some accidents are just that – accidents – others are caused by the negligence of another person. If you are in this situation, you may be entitled to compensation for your losses. Contact Boller & Vaughan today and learn how our Wisconsin personal injury attorneys can advocate on your behalf.