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Insurance Claims and Pre-Existing Injuries


Car accidents are fairly common. In fact, according to some estimates, most drivers will file a car accident claim once every 17 years or so. While some of these collisions may be minor, others will result in serious injuries. Any of these injuries potentially related to a pre-existing problem area could prevent you from getting full compensation after a car accident, even if the other driver was completely at-fault.

In any personal injury suit, the concept of negligence is crucial. Anyone injured by the negligence of another individual must prove the following:

  • The person/ group owed you a duty of care
  • The person/ group breached that duty of care
  • The breach was the proximate contributed to the accident
  • The accident caused your injury

Once a person has established the person responsible for the incident breached a duty owed to you (for example, following traffic rules), you must prove you suffered damages that were proximately caused by the responsible party’s negligence.

Proximate cause means the cause which, in a natural and uninterrupted sequence, produces the injury without which the injury would not have happened. It doesn’t need to be the sole cause of the accident and injury, but it will not be found if there is an efficient intervening cause.

For example, if you were in a car collision and it causes your leg to break, then a helpful person tries to pull you out of the car and dislocates your arm, when you file for damages you may recover compensation for your broken leg but not from the dislocated shoulder.

Likewise, if you sustain a whiplash injury that causes a stiff neck and pain radiating down your arm and into your hand, you may not be able to recover compensation if you had a herniated disc in your neck that caused the exact same symptoms before the crash.

Part of having a successful personal injury suit is being able to prove, through expert medical testimony, the crash caused your injuries or made them worse. Otherwise, you will be denied recovery because no new injury was proximately caused by the driver’s negligence. Unless you can prove your accident made your previous symptoms worse, an insurance company will likely try to deny your claim for that injury. You must have tangible evidence proximate cause can be established. However, pre-existing injury cases can be difficult to prove, especially if you never saw a doctor for your injury prior to the accident.

If you were involved in a car crash, and the collision worsened a condition or caused a new injury, make sure you seek compensation for the medical bills, lost wages, and property damage the accident may have caused. Our skilled Wisconsin car crash attorneys at Casey Law Offices, S.C. have been helping the Wisconsin victims of personal injury for years. We can offer you years of trial experience and successful results in verdicts and settlements. Let us use our legal knowledge and skills to help you maximize your recovery. We look forward to speaking with you.

Contact us at (414) 272-5564 or fill out our online form to schedule a free case consultation with us today!