How to Document and Pursue Compensation for Exacerbated Pre-existing Injuries After a Car Accident in Wisconsin

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

Imagine you had a prior knee injury from sports. After a rear-end collision, the jolt worsens cartilage damage, causing new pain and mobility issues. Under Wisconsin law, the at-fault driver must pay for any aggravation of your pre-existing condition as if it were a brand-new injury.

Step 1: Document the Accident and Injury

Thorough documentation creates a clear link between the crash and your exacerbated injury:

  • Police Report: Obtain a certified copy from the responding agency.
  • Medical Records: Seek immediate evaluation in an ER or from your physician. Record old vs. new symptoms.
  • Photographs: Capture visible swelling, bruising, vehicle damage, and road conditions.
  • Witness Statements: Secure contact details and written notes from anyone who saw the crash.
  • Pain Diary: Track daily pain levels, physical limitations, and treatment progress.

Step 2: Use Wisconsin’s No-Fault Benefits

Wisconsin requires Personal Protection Insurance (PIP) under Wis. Stat. § 632.32. PIP covers medical costs and 80% of lost wages, regardless of fault. Exhaust your PIP benefits before seeking extra compensation from the at-fault driver.

Step 3: Meet the Serious Injury Threshold

To recover non-economic damages—pain, suffering, and disability—you must qualify as “seriously injured” under Wis. Stat. § 632.32(4)(g). This includes:

  • Permanent disfigurement or disability
  • Substantial loss of bodily function
  • Serious permanent scarring
  • Death

If your sports-related knee injury now causes ligament tears or chronic instability, you likely meet the threshold.

Step 4: File a Third-Party Claim

After PIP, send a written demand to the at-fault driver’s liability insurer. Include:

  • Complete medical records and itemized bills
  • Wage statements or proof of lost income
  • Evidence linking the crash to your worsened condition

If negotiations stall, you may file a lawsuit within two years of the crash per Wis. Stat. § 893.54(1m).

Step 5: Understand Comparative Fault and the Eggshell Rule

Under Wis. Stat. § 895.045, your recovery is reduced by your percentage of fault, unless you exceed 50% fault. Wisconsin also follows the “eggshell plaintiff” principle: a wrongdoer pays for the full extent of harm, even if you were uniquely vulnerable.

Helpful Hints

  • Visit a medical provider immediately, even for mild symptom increases.
  • Keep all invoices, prescriptions, and doctor’s notes in one folder.
  • Maintain a daily log of pain, mobility, and treatment.
  • Photograph injuries and any medical equipment (e.g., braces).
  • File the crash report with your insurer promptly to protect PIP benefits.
  • Consult a personal injury attorney before signing any release or settlement.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.