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Waukesha, WI - Child Injured in Hit-and-Run on Bel Ayr Dr

09 May, 2024
Waukesha, WI - Child Injured in Hit-and-Run on Bel Ayr Dr
A doctor is holding a clipboard and talking to a patient.

The Necessity of Seeking Medical Attention After an Accident

By Paul Benson Law Firm • 11 Apr, 2024
You have been injured in a car, truck, or motorcycle accident, been bitten by a dog, or slipped, tripped, and fell on someone else’s property. No matter the type of accident, if someone else’s negligence caused it, you need to seek medical attention.
A police officer is talking to a man in front of a car.

Information You Should Ask Witnesses

By Paul Benson Law Firm • 13 Nov, 2023
Under Wisconsin law, personal injury and accident victims are often entitled to pursue damages for their negligent injuries through an insurance claim or lawsuit. Essentially, seeking damages after a negligent accident requires proving fault and establishing liability.
A woman in a wheelchair is sitting at a desk with a lawyer.

Calculating “Lost Earning Capacity”

By Paul Benson Law Firm • 06 Nov, 2023
If you or a loved one has ever been in an accident that resulted in an injury, you know how difficult the recovery process can be. This is especially true if the injury affected your ability to work immediately following the accident, or even months or years down the line if the injury partially or permanently disabled you.
A man is talking on a cell phone next to a damaged car.

How Long Does It Take to Settle a Car Accident Claim?

By Paul Benson Law Firm • 20 Sep, 2023
When you’ve been involved in a car accident, there are multiple things you can find yourself dealing with. From physical injuries to lost time at work and damage to your vehicle, there are a lot of elements to address and an increased amount of stress to go along with them.
A black car with a damaged side is parked on the side of the road.

Electric Car Accidents: Black Box & Personal Injury Claims

By Paul Benson Law Firm • 28 Aug, 2023
With the promise of being environmentally friendly and having lower running costs, electric cars are becoming more popular on our roads. However, just like conventional cars, electric cars can end up in an automobile collision.
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A man is sitting at a desk with his hands on his back.

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. 

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