A Wisconsin car accident can easily aggravate a pre-existing injury, and while the other driver’s insurance should cover your medical expenses and other losses, insurers often balk at paying for what they believe are pre-existing conditions. They’ll likely argue that your injury or increased symptoms don’t relate to the accident, meaning they’re not responsible. The best way to address these situations is to contact a Madison car accident lawyer and take the following steps to protect yourself.
See a Doctor Right Away
Thorough medical evidence is crucial for recovering compensation for an aggravated pre-existing injury. Tell your doctor about your previous injury and how the accident has made your symptoms worse. Be thorough, but don’t exaggerate. It’s a smart move to send any records you have of your prior injury to your new doctor so they can establish a link between the old injury and your new, more severe symptoms.
Once you see a doctor, make sure to follow their advice and take your prescriptions as ordered. Skipping medical treatments makes your injuries seem less severe, giving the insurers leverage to deny your claim or reduce your compensation.
Be Careful About Talking to Insurance Companies
When you report the accident to your insurance company, give them a basic account of the crash without speculating about fault or describing your injuries, especially your pre-existing condition. If they ask for more details, politely tell them they should talk to your attorney. Do not give any recorded statements without first talking to a lawyer.
If the other driver’s insurer contacts you, politely but firmly refer them to your attorney. They’re looking for reasons to deny your claim or reduce your compensation, and anything you say could hurt your case. Let a lawyer handle the insurance adjusters and protect your rights.
Don’t Discuss Your Injuries or Legal Case Online
Insurance companies routinely scour online profiles for evidence to use against claimants. Therefore, your best bet is to stay quiet until your case concludes. Avoid posting case updates, commenting about your injuries, sharing photos of your activities, or responding to any questions about your claim. You should also speak to your friends and family and ask them not to tag you in any posts, photos, or comments. Your lawyer can give you more detailed advice on what you can and can’t say about your case online.
Start a Journal
Medical records are crucial in these cases, but they’re impersonal by nature, particularly if your symptoms aren’t visible. A daily journal can provide a more complete picture of your injuries and how they affect your life. Note your pain levels, ongoing medical treatments, and how your symptoms affect your daily life. Your attorney can use this evidence to demonstrate your injuries and increase your claim’s value.
Contact a Lawyer
Quick, aggressive legal action is crucial after a car accident, particularly if the crash aggravated a pre-existing injury. Skid marks, debris from the vehicles involved in a collision, and other evidence can fade within days or weeks, making it harder to prove who caused the accident. Additionally, the insurance companies will likely contact you quickly and offer a settlement, but their offer is unlikely to cover all your losses. You don’t want to say or do anything that could hurt your case, and a Madison car accident lawyer can protect your rights at every stage. There’s also a three-year window to file a lawsuit, and acting quickly improves your likelihood of recovering full compensation.
Atterbury, Kammer & Haag, S.C., Is Ready to Help
Atterbury, Kammer & Haag, S.C., has decades of experience helping accident victims recover fair compensation. We’ve recovered millions for our clients, including a record-setting settlement from the State of Wisconsin. We treat you with dignity and compassion at every step, and we’re not afraid to take your case to trial when necessary. Call now or complete our contact form for a free consultation.