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.