AGGRAVATION OF PRE-EXISTING INJURY
Sometimes an accident victim suffers a re-injury in an accident caused by the carelessness of another. For example, a person may have had back surgery some years ago, leaving her with some residual stiffness. Then, she may be in a car accident where the other driver runs a stop sign and crashes into her car. Following the car accident, she experiences back pain that is different and more intense than the back symptoms she had before the crash.
The law provides that if the injuries received by the woman in the car crash aggravated any physical condition resulting from the earlier surgery, she is entitled to fair and reasonable compensation for such aggravation but only to the extent that the aggravation is a natural result of the injuries received in the accident.
So in this example, the woman can recover money damages if her back condition has been made worse by the car crash. It may be that now after the car crash she has pain that is so severe that it affects her every day. She may now be unable to perform job duties that she could do before the crash. Even though she was not in perfect shape before the car crash, she still has the right to be compensated for her worsened condition.
Sometimes insurance companies take the position that if there were prior injuries or symptoms predating the accident, they are simply not responsible for any compensation. In reality, this is not true. The fact that there was an earlier injury may make the person even more susceptible to serious injury. A car crash that may not have done much damage to most people can cause devastating consequences to one who is already compromised.
The following articles about personal injury law may also be of interest to you:
You & Your Personal Injury Claim
Answering Questions About Accident-related Injuries
At The Accident Scene, What Should I Do?
But My Insurance Adjuster Says I Don't Need A Lawyer
How Much Is My Injury Claim Worth?
Injuries To Children
Product Liability Claims
Herrick & Hart Personal Injury Attorneys, Eau Claire, Wisconsin
Please contact us for help with your legal needs or concerns.
The attorneys at Herrick & Hart provide expert advice to people who have suffered a loss or been injured. If you or someone whom you care about has been injured, please call (715-832-3491), e-mail (mike@eauclairelaw.com) to arrange a free initial consultation with the injury lawyers at Herrick & Hart, or complete the online personal injury case assessment form to have your case reviewed by the personal injury attorneys at Herrick & Hart.
The team of personal injury lawyers at Herrick & Hart represent people throughout northwest Wisconsin. They litigate against insurance companies based in Wisconsin, Illinois, Iowa, Minnesota, and across the nation, and most frequently help clients who were injured in or are residents of Eau Claire county (Eau Claire, Altoona, Augusta, Fairchild, Fall Creak, & Seymour), Chippewa county (Chippewa Falls, Cadott, Cornell, New Auburn, & Stanley), Taylor county (Medford, Gilman, & Stetsonville), Rusk county (Ladysmith, Hawkins, & Weyerhauser), Barron county (Barron, Rice Lake, & Cameron), Dunn county (Boyceville, Menomonie, Colfax, & Downing), Clark county (Abbotsford, Colby, Neilsville, & Thorp), Marathon County (Wausau, Abbotsford, Colby, Brokaw, Evergreen, Marshfield, Mosinee, Rothschild, Schofield, Spencer, Unity & Weston), Portage county (Stevens Point, Amherst, Plover, Rosholt, & Whiting), Wood county (Wisconsin Rapids, Port Edwards, Nekoosa, & Marshfield), Jackson county (Black River Falls, Taylor, Merrillan, and Alma Center), La Crosse county (La Crosse, Brice Prairie, Onalaska, Holmen, & West Salem), Monroe county (Sparta), Douglas county (Superior), Sawyer county (Hayward), Ashland county (Ashland, Odanah), Bayfield county (Bayfield, Mason, & Washburn), Juneau county (Elroy, Mauston, Necedah, Union Center), and St Croix county (Baldwin, Hudson, New Richmond, North Hudson, River Falls, Spring Valley & Wilson), Pierce county (Bay City, Ellsworth, River Falls, Spring Valley).
