In Wisconsin, a pre-existing condition or injury can be covered in so far as the condition is caused or aggravated beyond normal progression by the accident or collision. Wisconsin Civil Jury Instruction 1715 provides that:
The evidence shows that the plaintiff was previously injured when this accident happened. If the injuries of the plaintiff received in the accident aggravated any physical condition resulting from the earlier injury, you should allow fair and reasonable compensation for such aggravation but only to the extent that you find the aggravation to be a natural result of the injuries received in the accident.
In a related matter, Wisconsin Civil Jury Instruction 1720 on activation of latent disease states:
You cannot award any damages for any pre existing disease or condition or ailment except insofar as you are satisfied that the disease, condition, or ailment has been aggravated or activated by the injuries received in the accident. If you find that the plaintiff had a pre existing disease or condition which was dormant or predisposition to disease before the accident but that such disease or condition or predisposition to disease was aggravated or brought into activity because of the injuries received in the accident, then you should include an amount which will fairly and reasonably compensate him or her for such damages suffered as a result of such aggravation or activation of the condition.
Any ailment or disability that the plaintiff may have had, or has, or may later have, which is not the natural result of the injuries received in this accident, is not to be considered by you in assessing damages. You cannot award damages for any condition which has resulted, or will result, from the natural progress of the pre existing disease or ailment or from consequences which are attributable to causes other than the accident.
If the plaintiff was more susceptible to serious results from the injuries received in this accident by reason of a pre existing disease or condition or predisposition to disease and that the resulting damages have been increased because of this condition, this should not prevent you from awarding damages to the extent of any increase and to the extent such damages were actually sustained as a natural result of the accident.
McCormick Law Office in Milwaukee, Wisconsin is always representing accident victims with pre-existing conditions because most of us have some conditions or ailments as we progress through life. Insurance companies cast aspersions on pre-existing conditions because its their job to not pay you. Don’t take it personally, just be prepared to prove the condition was aggravated by the crash if it was. Confidence, clarity and determination are the keys to proving aggravation of pre-existing condition.
