If you have a pre-existing condition and have been injured in a car crash, you might wonder if your medical history will hurt your case. This concern is valid, and the parties who caused your crash should be held liable if their negligence caused your prior injuries or medical conditions to be made worse.
Injured in a car crash? At Sigman Janssen, our knowledgeable car accident attorneys in Appleton offer a free initial consultation to answer your questions and determine what legal options may be available to you. It is important to remember that filing deadlines apply. Waiting to seek medical care or legal help can complicate your ability to seek compensation. Call our trusted law firm today to discuss your situation.
Call (920) 328-0700 for a FREE case review.
What Is a Pre-Existing Condition in a Car Accident Claim?
A pre-existing condition is any injury, illness, or health problem you had before your car accident occurred. These conditions cover a wide range of medical issues, such as arthritis in your back, a history of knee surgery, or chronic migraines.
If you have received treatment for any of these or other conditions, it is documented in your medical records.
Do I Have to Disclose My Pre-Existing Medical Condition to the Insurance Company or Others After My Car Crash?
Trying to hide a pre-existing medical condition or injury could damage your case and your ability to recover compensation. Insurance companies can easily discover more about your medical background during their investigation. Medical records, prescription histories, and prior claims all create a paper trail and digital footprint that is difficult to erase or alter. Victims caught in a lie seriously damage their credibility. Not being up front about your medical history also gives insurance companies valid reason to dispute, devalue or deny your claim.
You do need to volunteer every detail about your case when speaking with the insurance company. In fact, when you first report the accident, focus on the basic details of the crash itself. You are not required to discuss your injuries or provide a complete medical history during that initial call. You should not agree to giving a statement, recorded or otherwise, until consulting with an attorney.
We recommend getting a medical examination and speaking to your attorney before you disclose what injuries you may or may not have.
Do not sign a release of your medical records before talking to your attorney. These releases may give the insurance company significantly more access to your medical history than they need. You are not required to give them full access to all your medical history and should not give them any access without first seeking legal advice.
Discussing Your Pre-Existing Conditions and Injuries After a Car Crash
While you do not want to discuss pre-existing conditions with the insurance company, you do want to disclose your medical history to the doctor treating you and to your attorney.
Discussing Prior Injuries With the ER Doctor
It is vital that you seek immediate medical care after a car accident and that you let the doctor know that you were in a car accident. This information provides valuable insight to the ER doctor about the diagnostic tests you may urgently need.
In addition to letting the doctor know you were in a car crash, be sure to let them know about any medical conditions, like arthritis to your back, or prior injuries, like whiplash, you may have had in the past. These details are documented in your medical records and help the ER physician understand how the accident might have worsened your condition or prior injury.
Attorney
Being straightforward with your attorney is also critical to your case. Whether it is discussing your pre-existing conditions or events leading up to the crash. Having the facts is what enables your attorney to strategize on your behalf and build a compelling case. It also alerts them to any potential arguments they can expect from the insurance company. If the accident made your injuries worse, your attorney would need to establish evidence to help you claim current and future medical costs.
Can the Insurance Company Use My Pre-Existing Condition Against Me?
Yes, insurance companies will likely try to use your pre-existing condition against you, but they have legal limits on how far they can go.
Insurance adjusters often use a crash victim’s prior injuries to try to reduce payouts. They may use several strategies to do this:
- Blaming You: They may try to blame your current symptoms on old injuries rather than the recent accident.
- Selectively Choose Medical Conditions: Adjusters may pick and choose medical records to highlight previous complaints about similar injuries. They may argue your health problems were caused by a pre-existing condition, not the crash.
- Hire Medical Experts: Insurance companies may consult with doctors to review medical history and provide their professional opinion to minimize your accident’s impact.
What Is the Eggshell Skull Rule in Wisconsin, and What Does This Mean for My Claim?
The “eggshell skull” doctrine means insurance companies and other opposing parties must take victims as they are. If your pre-existing arthritis worsened your injuries in an accident, that becomes the at-fault driver’s responsibility, not yours.
Insurance companies must support their claims with credible evidence. They cannot simply assume pre-existing conditions caused by your current symptoms. Medical testimony must link your past health issues to your present complaints.
Should I Sign a Release of My Medical Records if I Have Pre-Existing Conditions?
You should not sign a release of your medical records without first seeking legal help, regardless of any pre-existing conditions. When you sign this release, you may be giving the insurance company full access to all of your medical records. They do not need access to your full medical history.
When you get this request, be polite, but firm. Let them know you want to review the document and consult with your attorney before signing anything. Your attorney can review the request and respond to the insurance company on your behalf.
Evidence of Your Pre-Existing Condition After a Car Crash
You need detailed medical documentation showing how the accident affected your pre-existing condition. Baseline medical records from before the accident are crucial as they establish your pre-accident health status and demonstrate how the collision changed your medical needs.
Some collisions significantly impact these prior injuries and medical conditions:
- Back Injuries: Conditions like spinal stenosis, spinal arthritis, and disc problems can worsen due to the impact of a car crash.
- Neck Injuries: Chronic neck issues such as cervical spondylosis and cervical arthritis can be aggravated, especially in rear-end collisions that cause whiplash.
- Broken Bones: If you have healing fractures, a car accident can cause them to re-break or worsen.
- Brain Injuries: Pre-existing traumatic brain injuries can become more severe, leading to increased symptoms like chronic pain or dizziness.
- Arthritis: Joint inflammation from arthritis can be exacerbated by the trauma of a car accident, leading to increased pain, swelling, and stiffness.
- Knee Injuries: Conditions like torn ligaments or tendons can be easily aggravated by the impact of a collision.
Need Legal Help After a Car Accident in Appleton? Call Sigman Janssen Today
Pre-existing conditions do not have to derail your car accident claim in Appleton. Insurance companies may try to use your medical history against you, especially if you do not have legal representation. Wisconsin law allows claims and compensation for aggravations or worsening of pre-existing conditions. At Sigman Janssen, we understand the unique challenges that pre-existing conditions create when seeking compensation after a car accident and have a proven history of securing favorable outcomes for our clients.
Worried about the cost? There are no upfront fees or out-of-pocket costs when you hire our firm. We take injury cases on contingency, so we only get paid if you do. Call today for a free consultation with one of our attorneys.
Experienced Lawyers. Millions Recovered. Call (920) 328-0700.