A pre-existing injury does not automatically prevent you from seeking compensation after a car accident. However, it can make the claim more complicated because insurers may argue that some of your symptoms existed before the collision. Medical records, treatment history, and evidence showing how the accident affected your condition can be important when establishing what changed after the crash.
Milwaukee is Wisconsin's largest city and an important transportation hub along the western shore of Lake Michigan. The city includes major roadways such as I-43, I-94, and I-794, along with busy streets connecting downtown with surrounding neighborhoods and suburbs. Drivers share these routes with commuters, commercial vehicles, cyclists, and pedestrians throughout the area.
Traffic conditions can vary significantly depending on the location and time of day, increasing the importance of carefully documenting what happened after a collision. When a crash affects an existing condition, understanding your legal options may require Milwaukee auto accident guidance tailored to the circumstances of the case.
What Is a Pre-Existing Injury?
A pre-existing injury is a physical condition or injury that existed before the accident. It could involve an earlier back injury, neck problem, joint condition, previous fracture, or another medical issue.
Having such a condition does not mean that a new accident cannot make it worse. A collision can aggravate an existing injury, cause additional symptoms, or create a new injury in another part of the body.
The key issue is often determining what your condition was like before the accident and what changed afterward.
How Insurers May Examine Your Medical History
Insurance companies may review medical records to determine whether your symptoms were related to the collision or existed beforehand. They may compare previous medical records with treatment received after the accident.
For example, if you had occasional back pain before a crash but developed severe and persistent symptoms afterward, medical documentation may help establish the difference.
Be honest with your healthcare providers about your medical history. Providing incomplete information can create questions about the accuracy of your records later.
Document Changes After the Accident
Keeping a clear record of changes in your symptoms can be helpful. Consider documenting when symptoms began, how severe they became, and how they affected your daily activities.
Medical appointments, diagnostic testing, prescriptions, physical therapy, and other treatment records can also help establish the progression of your condition.
If your doctor explains that the collision aggravated an earlier condition, that medical opinion may be particularly relevant to your claim.
The Importance of Medical Treatment
Seeking medical attention after an accident is important even when you believe your symptoms are manageable. Some injuries may not become obvious immediately.
Follow your healthcare provider's treatment recommendations and attend scheduled appointments. If you stop treatment without explanation, an insurer could question whether your injuries were as serious as claimed.
Do not exaggerate symptoms, but do not ignore them either. Accurate medical information gives your healthcare providers a better basis for evaluating your condition.
How the Accident May Have Changed Your Condition
A strong claim involving a pre-existing condition generally needs to distinguish the earlier condition from the effects of the collision.
Relevant evidence may include:
- Medical records from before and after the accident
- Diagnostic imaging
- Statements from treating healthcare professionals
- Information about previous limitations
- Records showing changes in treatment
- Documentation of missed work or reduced activities
- Accident reports and other evidence concerning the collision
Together, these records can help establish the relationship between the accident and the worsening of your condition.
Avoid Giving Unnecessary Statements to Insurers
After an accident, an insurance adjuster may ask questions about your medical history. Answering truthfully is important, but you should also understand what you are being asked and avoid guessing about medical issues.
You may not know whether a particular symptom was caused by an old condition, a new injury, or an aggravation of an existing problem. Medical professionals are better positioned to evaluate those questions.
Before accepting a settlement, consider whether you fully understand the extent of your injuries and future treatment needs.
Compensation May Depend on the Evidence
The amount and availability of compensation can depend on factors such as liability, medical evidence, the extent of the injury, treatment costs, lost income, and other documented losses.
A pre-existing condition does not necessarily eliminate a claim, but it can make causation and damages more important issues to establish.
Keeping organized records from the time of the collision can make it easier to explain how the accident affected you.
Key Takeaways
- A pre-existing injury does not automatically prevent a car accident claim.
- Medical records can help distinguish prior symptoms from accident-related changes.
- Prompt and consistent medical care can provide important documentation.
- Be truthful about your medical history and symptoms.
- Keep records of treatment, expenses, missed work, and changes in daily activities.
- Medical evidence can be especially important when an accident aggravates an existing condition.
