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By Paul Benson February 13, 2026
What are the key elements you look for in every personal injury case? In every personal injury case, we focus on three crucial aspects: negligence, causation, and damages. Firstly, we must establish that the other party acted negligently or unsafely. Secondly, we need to prove that the negligence directly caused the injuries. And finally, we assess the extent of the damages incurred. Additionally, the presence of insurance coverage is vital for potential recovery, as lack of coverage can complicate the process significantly. How crucial is medical treatment and documentation in assessing a case’s strength and value? Medical treatment and documentation play a pivotal role in determining the strength and value of a personal injury case. These records serve as crucial evidence in court proceedings and effectively narrate the extent of the injuries sustained. Without proper documentation, it becomes challenging to substantiate the severity of the injuries and their impact on the individual’s life, potentially weakening the case. When evaluating an injury claim, what factors beyond medical expenses do you consider significant? Beyond medical expenses, various factors contribute to the evaluation of an injury claim. The impact on the individual's day-to-day life, such as limitations in activities, missed work, and emotional distress, plays a substantial role. Understanding the holistic effects of the injury, including pain and suffering, is essential for accurately assessing the claim's value and advocating for fair compensation. How challenging is it to prove pain and suffering in a personal injury case? Proving pain and suffering in a  personal injury case can be arduous. To establish the impact of pain and suffering, specific and detailed examples from the individual's daily life are crucial. By highlighting how the injuries hinder routine activities and enjoyment, we aim to convey the true extent of the emotional and physical distress experienced. Crafting compelling narratives and detailed accounts can significantly enhance the case's value and resonate with the jury. Do insurance companies undervalue invisible injuries like concussions and how does this affect claim evaluations? Insurance companies often undervalue invisible injuries like concussions, leading to challenges in claim evaluations. These injuries, which lack visible signs like broken bones, are frequently met with skepticism, impacting the perceived severity and compensation offered. Educating juries on the complexities of such injuries and presenting compelling evidence becomes essential to secure fair compensation and counteract insurance companies' undervaluation tactics. Why do individuals sometimes hesitate to pursue claims for seemingly minor injuries? Individuals often hesitate to pursue claims for minor injuries due to various reasons, such as downplaying their injuries, fear of increased insurance rates, or reluctance to engage in legal processes. There is a prevalent misconception that minor injuries are not worth pursuing, leading to missed opportunities for rightful compensation. Overcoming these barriers and seeking legal guidance can ensure fair treatment and just compensation for all types of injuries. How do insurance companies differ in valuing a claim compared to legal professionals, particularly regarding invisible injuries? Insurance companies tend to undervalue claims, especially those involving invisible injuries, in contrast to legal professionals who understand the complexities and impacts of such injuries. While insurance companies may prioritize cost-saving measures and skepticism, legal professionals advocate for fair compensation by highlighting the true extent of the injuries and their repercussions on the individual's life. This discrepancy underscores the importance of seeking experienced legal representation to navigate claim evaluations effectively.
By Paul Benson February 1, 2026
Why Is It Crucial To Reach Out To A Lawyer Soon After An Accident? Contacting a lawyer promptly after an accident is vital to preserve crucial evidence from the accident scene. Evidence like skid marks, surveillance videos, and witness statements can disappear quickly. By involving a lawyer early on, you ensure that all necessary evidence is collected and preserved, which can significantly impact the outcome of your case. Why Do Some People Delay Contacting A Lawyer After An Accident? Many individuals delay contacting a lawyer due to the misconception that they are not "lawsuit people." However, when faced with insurance companies refusing to compensate them fairly, they realize the need to protect their rights. By waiting to involve a lawyer, important evidence may be lost, such as video footage or witness accounts, which can weaken their case significantly. What Are The Potential Problems Individuals Face When Insurance Adjusters Reach Out Early? Insurance adjusters often aim to elicit statements that downplay the severity of injuries or shift blame away from their policyholders. By recording conversations and obtaining seemingly innocuous statements, they can later use discrepancies to undermine a claim. Consulting with a lawyer before engaging with insurance adjusters is crucial to avoid inadvertently harming your case. What Key Evidence Can Be Lost If Individuals Wait Too Long After An Accident To Seek Legal Counsel? Delaying legal representation can result in the loss of crucial evidence such as video footage, debris placement at the scene, and witness recollections. Additionally, timely medical documentation is essential for accurately assessing and documenting injuries. Without early involvement, individuals risk missing out on vital evidence that could strengthen their case. How Does The Timing Of Medical Bills And Documentation Impact An Insurance Company's Evaluation Of A Claim? In Wisconsin, the timing of medical bills and documentation is critical due to the collateral source rule. Health insurance coverage may pay medical bills upfront, but individuals can still recover the full amount from the at-fault party's insurance. However, delays or discrepancies in submitting bills can lead to reduced compensation and financial risks for the injured party. What Tactics Do Insurance Companies Employ To Settle Claims Quickly Without Individuals Fully Understanding The Implications? Insurance companies may use tactics like sending blank medical releases or offering immediate settlement checks to expedite claim resolutions. Individuals may unknowingly sign away their rights or settle their claims prematurely, leading to potential long-term repercussions. It is essential to seek legal guidance to navigate these tactics and ensure fair compensation for injuries. What Steps Should Individuals Take After A Minor Accident To Protect Their Legal Rights? After a minor accident, individuals should document the scene thoroughly, report the incident to their insurance company, and consider seeking a legal consultation. It is crucial to accurately relay their version of events to the police, report any injuries promptly, and consult with a lawyer to understand their rights and potential legal options. Is It Advisable For Individuals To Seek Medical Evaluation After A Minor Accident Even If They Feel Only Minor Discomfort? Yes, it is recommended for individuals to undergo a medical evaluation after a minor accident, even if they experience minor discomfort. Prompt medical assessment can uncover hidden injuries that may worsen over time if left untreated. By seeking timely medical attention, individuals protect their health and establish a documented record of injuries for potential legal claims. What Are Some Early Moves Insurance Companies Make That Individuals Should Be Cautious About Following An Accident? Insurance companies may attempt to obtain blanket medical releases or offer immediate settlement checks to expedite claims processing. These tactics can lead to individuals inadvertently signing away their rights or settling for inadequate compensation. It is crucial to seek legal guidance to navigate such tactics and protect one's legal rights effectively.
By Paul Benson November 14, 2025
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How Do Pre-Existing Medical Conditions Affect a Personal Injury Claim?

In Wisconsin, negligent accident and personal injury victims are often eligible to pursue damages for their injuries through a claim or lawsuit. However, having a pre-existing medical condition may create various challenges when seeking financial compensation for your injuries. A highly-skilled Wisconsin personal injury attorney can help you understand how your pre-existing health problems can affect the outcome of your injury claims. 


At The Paul Benson Law Firm, I have devoted my career to handling personal injury cases and advocating for the best interests of accident victims and their loved ones. Also, I have the experience to review all of the facts of your specific situation and help you pursue the rightful financial compensation for your injuries, pain and suffering, and other potential damages. My firm proudly serves clients across Janesville, Beloit, and Rock County, Wisconsin. 

What Are Pre-Existing Medical Conditions? 

A pre-existing medical condition can be described as any physical or mental health problem that a person had before suffering another injury in an accident. Pre-existing medical conditions may include injuries, diseases, illness, and other underlying health issues. Common examples are as follows: 


  • Asthma 
  • Diabetes 
  • Extreme obesity 
  • Sleep apnea 
  • Cancer 
  • Acne 
  • Depression 
  • High blood pressure 
  • Back and neck conditions from bad posture 
  • Chronic back pain 
  • Pregnancy 
  • Epilepsy 
  • Anxiety 
  • Lupus 
  • Chronic Obstructive Pulmonary Disease (COPD) 


If you were involved in an accident while having a pre-existing health issue, you should reach out to a seasoned personal injury attorney now. Your lawyer can fully explain how your existing medical condition affects your injury claims and determine the best course of action. 

How Do Pre-Existing Conditions Affect a Personal Injury Claim? 

Wisconsin is an at-fault auto insurance state. This means that the person who caused your injury or the accident will be held financially liable for your medical bills, property damages, and other accident-related expenses suffered. However, your pre-existing injury or medical issue can make your situation a little bit complex. 


To pursue damages under your current circumstance, you must show that – in addition to other elements of establishing liability – the at-fault party's negligence caused, worsened, or is currently affecting your pre-existing injuries or medical condition. 


If you are able to establish liability and achieve a successful outcome with your personal injury claims, the insurer will pay for your damages suffered in the accident. In addition, you will also receive financial compensation for your pre-existing injuries. An experienced attorney can explain how the eggshell doctrine might affect your claims and help you seek the maximum possible compensation. 

The "Eggshell Skull Plaintiff" Rule 

The "eggshell skull plaintiff" rule is a legal concept that is often employed in personal injury cases involving claimants with existing medical issues or injuries. Under the rule, a defendant is legally responsible for all reactions and damages suffered by the claimant due to their negligence, regardless of whether or not they were aware of the victim's existing injuries or medical condition. 


However, both the claimants and defendants are affected by the eggshell plaintiff principle. Essentially, claimants are categorized into two. These include: 


  • Plaintiffs who have pre-existing injuries or medical conditions. 
  • Eggshell skull plaintiff – A person who is vulnerable to harm or injury due to their delicate health situation. 


A practiced personal injury attorney can evaluate every surrounding detail of your unique situation and determine the best way to proceed with your personal injury claims. 

Get the Compassionate Legal Support You Need 

Seeking damages for injuries suffered in a negligent accident when you have an underlying health issue can be complicated. Nevertheless, you're not alone. At The Paul Benson Law Firm, I am ready to help you hold those responsible for your injuries and damages accountable. 


I have the resources necessary to investigate all of the surrounding facts of your case and explore your possible options to seek damages. In addition, I can gather substantial evidence to establish liability and help prove that the negligent actions of the at-fault party caused or deteriorated your health condition. 


Also, I will fight compassionately to protect your rights and walk you through the complex claims processes. I will help you pursue fair financial compensation to cover your medical expenses, lost income, property damages, future medical treatment, and pain, discomfort, and suffering. 


Contact my firm, The Paul Benson Law Firm, today to arrange a case assessment with a knowledgeable personal injury lawyer. I proudly serve clients across Janesville, Beloit, and Rock County, Wisconsin.