Learn how pre-existing conditions affect Wisconsin injury claims and how to prove an accident worsened your condition.
A pre-existing condition does not automatically prevent you from recovering compensation. If an accident in Milwaukee or anywhere in Wisconsin made your condition to worsen, caused new symptoms, or changed what you can do day to day, you may still have a valid personal injury claim.
At Natasha Misra Law, we help injured people understand how their medical history fits into their case, how insurance companies may try to use it against them, and what evidence can help show the real impact of the accident.
A pre-existing condition is any medical issue you had before the accident happened. This could include a prior back injury, neck pain, a knee problem, arthritis, a concussion history, a shoulder injury, chronic pain, a previous surgery, or another condition that was already part of your medical record.
Pre-existing conditions are common. Many people are not starting with a perfect medical history. That does not mean they are not hurt. It does not mean their claim has no value. It simply means the case may require a closer look at what changed after the accident.
Yes. If someone else caused the accident, then they may be responsible for the harm they caused, even if you were more vulnerable because of a prior condition.
For example, maybe you had occasional lower back pain before a rear-end crash on I-94, but after the accident, the pain became constant and required injections, physical therapy, or time away from work. Maybe you had a prior neck injury, but a collision near Highway 100 and Grange caused new symptoms, headaches, or limited movement. Maybe you had an old knee injury, but a fall at a Milwaukee business made it much harder to walk, work, or care for your family.
The issue is not whether you had a medical condition before. The issue is whether the accident aggravated it, accelerated it, or caused a new injury on top of it.
Insurance companies often look closely at your medical history. They may argue that your pain was already there, your treatment was unrelated to the accident, or your condition would have gotten worse anyway.
This can happen after accidents throughout Milwaukee County, Waukesha County, Racine County, Ozaukee County, Dane County, Brown County, and across Wisconsin. The insurance company may request medical records, compare your treatment before and after the crash, and look for any reason to reduce the value of your claim.
That is why it is important to be honest about your medical history from the beginning. Hiding a prior injury can hurt your credibility. A strong personal injury claim does not ignore pre-existing conditions. It explains them clearly and shows how the accident changed your health, your treatment, and your daily life.
Medical records are often the most important evidence in a case involving a pre-existing condition. Your records can show what your condition looked like before the accident, what symptoms appeared afterward, and how your treatment changed.
Helpful evidence may include:
For example, if you were treating occasionally before the accident but needed frequent medical care afterward, that change matters. If you were working full time before the crash but had restrictions afterward, that matters too. The goal is to show the difference between your life before the accident and your life after it.
After an accident, it is important to get medical attention as soon as you can. This is especially true if you already had a medical condition.
Prompt treatment helps protect your health, but it also creates a record of your symptoms close in time to the accident. If you wait too long, the insurance company may argue that your symptoms were not caused by the crash or that your injury was not serious.
Natasha Misra Law helps injured clients in Milwaukee, Hales Corners, West Allis, Greenfield, Wauwatosa, Oak Creek, Madison, Appleton, Green Bay, and throughout Wisconsin. Our office is conveniently located near Highway 100 and Grange, with easy parking for clients who want to meet in person. We also work with clients by phone and electronically when that is more convenient.
Our team speaks Spanish and works with interpretation services for clients who speak many other languages, including Burmese and Rohingya.
If you were hurt in a car accident, truck accident, motorcycle crash, slip and fall, pedestrian accident, or another injury incident, contact Natasha Misra Law today for a free consultation. You do not pay unless we win.
