One of the most persistent myths regarding accident claims is that you cannot recover compensation if you have a history of medical issues. Many people believe that if they had a bad back before a car crash or previous knee surgery before a slip and fall, the insurance company has the perfect excuse to deny payment. While insurance adjusters often try to use your medical history against you, the reality of the law is quite different.
In Massachusetts, your prior health status does not automatically disqualify you from seeking justice. The law recognizes that an accident can make a stable condition worse or bring back an old injury that had healed. However, these cases do require a strategic approach. You must clearly differentiate between what existed before the accident and the harm caused by the negligence of another party.
If you are navigating the aftermath of an accident while managing prior health concerns, you need to know how the legal system views your unique situation. This article explains how a Massachusetts accident injury attorney defends your rights and helps you secure the fair compensation you deserve, ensuring your medical history is used to support your case rather than dismantle it.
How a Massachusetts Personal Injury Lawyer Evaluates Prior Health Issues
When you consult a legal professional, their primary goal is to establish a causal link between the accident and your current suffering. A Massachusetts personal injury lawyer will look at your medical records not to find reasons to turn you away, but to build a timeline. They need to show a clear "before and after" picture.
For instance, you might have been managing your chronic lower back pain with occasional physical therapy. After a rear-end collision, you now require surgery. The lawyer’s job is to prove that the surgery is a result of the crash, not the pre-existing condition. This distinction is vital. If you hide your history, it damages your credibility. If you are upfront about it, your attorney can use it to demonstrate exactly how much the accident altered your life.
Honesty is the most powerful tool in these cases. By disclosing your full medical history to your attorney immediately, you allow them to prepare for the arguments the defense will inevitably raise.
The "Eggshell Skull" Doctrine is a key aspect of Massachusetts Negligence Laws
The foundation of protecting victims with prior conditions lies in a legal concept known as the "Eggshell Skull" rule. Under Massachusetts negligence laws, a defendant (the person at fault) must take the victim as they find them.
Imagine two people are involved in identical minor car accidents. One is a professional athlete in peak physical condition who walks away with a bruise. The other is an elderly individual with osteoporosis who suffers a shattered hip from the same impact. The law does not allow the at-fault driver to escape liability simply because the victim was more susceptible to injury.
The defendant is responsible for the consequences of their actions, regardless of the victim's frailty. They cannot argue that they should pay less because a "normal" person would not have been hurt as badly. This doctrine ensures that the most vulnerable members of society are still entitled to full compensation for the harm inflicted upon them.
Distinguishing Between a New Injury and Aggravation of Pre-Existing Injury in Massachusetts
For a successful personal injury claim, you must demonstrate that the accident resulted in new harm. This harm typically constitutes either a completely new injury or the aggravation of an existing one. Claims in Massachusetts specifically addressing the aggravation of a pre-existing injury focus on this second category.
Aggravation means that a condition that was dormant, stable, or manageable has now become active, unstable, or debilitating.
Examples of aggravation include:
- A previous rotator cuff tear that had healed but re-tore during a fall.
- Arthritis that was asymptomatic (pain-free) becoming symptomatic and painful after trauma.
- A manageable mental health condition, such as anxiety, can become severe PTSD following a crash.
The legal challenge is quantifying the "aggravation." You are entitled to compensation for the difference between your condition before the accident and your condition after. If your pain level was a 2 out of 10 prior to the crash and is now an 8 out of 10, the defendant is liable for that increase in suffering and the additional medical treatment required to address it.
Why Insurance Companies Target Medical History in a Personal Injury Claim in Massachusetts
Insurance adjusters are trained to minimize payouts. They will request access to your medical history, and if they find a prior condition, they often use it as an opportunity to deny coverage or offer a low settlement. In a personal injury claim in Massachusetts, they will frequently argue that your current pain is simply a continuation of your old health problems rather than a new injury.
A common tactic involves blanket authorization forms. An insurer might ask you to sign a release for your medical records "to process the claim." However, these releases are often broad, allowing them to dig through years of history unrelated to the accident. They might look for a complaint of neck pain from ten years ago to argue that your current whiplash is chronic and not accident-related.
This is why you should never sign a medical release form provided by the other party's insurance company without legal vetting. A Massachusetts personal injury attorney ensures that only relevant medical records are released, protecting your privacy and your claim.
What Happens When an Insurance Claim Is Denied for a Pre-Existing Condition in Massachusetts?
While receiving a denial letter can be disheartening, it is often not the final decision. If you face an insurance claim denied for a pre-existing condition in Massachusetts, it often means the insurer is gambling that you will give up.
Denials based on pre-existing conditions are frequently overturned with proper evidence. The denial usually stems from a lack of clear medical documentation linking the new symptoms to the recent trauma. To fight this, your legal team will rely on medical experts who can write narrative reports explaining the physiological changes caused by the accident.
Do not accept a denial as fact. It is a negotiation position. With strong medical evidence and legal representation, you can force the insurance company to acknowledge the validity of the aggravation.
Common Scenarios: Massachusetts Car Accidents Involving Pre-Existing Injuries
Motor vehicle collisions are a leading cause of aggravated injuries. In a Massachusetts case involving a car accident and a pre-existing injury, the forces at play—even in low-speed crashes—can be devastating to a body with already compromised areas.
Spinal cord injuries are the most frequent issue. The spine is complex, and many adults have some degree of degeneration or bulging discs that they are unaware of because they cause no pain. When a crash occurs, the violent whipping motion can turn these asymptomatic issues into sources of chronic agony.
If an MRI taken after the accident shows degenerative disc disease, the insurance company will argue the condition is part of aging. Your lawyer will counter this by showing your employment records or gym logs from before the crash, proving you were active and pain-free despite the degeneration on the scan. This information proves that the accident was the trigger that robbed you of your mobility.
Handling a Workplace Injury With a Pre-Existing Condition
Workplace accidents operate differently because they often involve Workers' Compensation, which is a no-fault system. However, the principles of aggravation still apply. A pre-existing workplace injury claim in Massachusetts is valid if work duties or a specific workplace accident worsened an underlying issue.
For example, if you have a bad knee from high school sports but are able to work construction, and then you trip over debris at a job site and require knee replacement, you are covered. The standard is whether the work injury was a "major contributing cause" to the need for treatment or disability.
If a third party (not your employer) caused the injury—such as a delivery driver hitting you while you were working—you might have both a workers' comp claim and a personal injury lawsuit. In both instances, the pre-existing condition does not bar you from recovery, but it does require precise medical documentation.
Steps for Filing a Personal Injury Claim in Massachusetts With a Prior Condition
Successfully filing a personal injury claim in Massachusetts, when you have a medical history, requires a proactive strategy. You cannot wait for the insurance company to discover your history; you must control the narrative.
Key steps include:
- Immediate Medical Attention: Go to the doctor right away. Gaps in treatment are used to argue that the injury wasn't serious or wasn't caused by the accident.
- Full Disclosure to Doctors: Tell your treating physician about your prior injuries. If you hide them and they appear in old records later, it looks like you are lying.
- Differentiate Symptoms: Be specific when describing your pain. "My back hurts" is vague. “The pain is sharper and has moved to my left leg, which never happened before the crash" is specific and helpful.
- Follow Treatment Plans: Adhering to physical therapy and medication regimens shows you are trying to recover.
Proving Damages in a Personal Injury Case
The financial value of your case depends on proving damages for personal injury in Massachusetts. This encompasses medical bills, lost wages, and non-economic damages like pain and suffering.
When pre-existing conditions are involved, separating the bills is essential. You generally cannot recover the cost of treating the underlying condition itself, but you can recover the cost of treating the aggravation. If you were going to need therapy once a month for your old injury, but now you need it three times a week, the cost of those extra sessions is claimable.
Your attorney may work with medical economists or vocational experts to calculate these costs accurately. They ensure that you are not undercompensated simply because your medical situation is complex.
Navigating the Massachusetts Injury Settlement Process
Most personal injury cases are resolved through settlements rather than trials. The injury settlement process in Massachusetts can be lengthy when prior injuries are involved because the defense requires more time to analyze medical records.
During negotiations, the defense will likely offer a low number initially, citing your history. Your attorney counters this by presenting the "Eggshell Plaintiff" rule and the medical evidence of aggravation. They will highlight that your quality of life has diminished specifically because of the defendant's negligence.
Patience is a virtue here. Rushing to settle often results in accepting an amount that does not cover future medical needs. Once you settle, you cannot go back for more money if the aggravated injury turns out to be permanent.
Maximizing Compensation for Pain and Suffering with a Pre-Existing Injury
Pain and suffering from a pre-existing injury in Massachusetts calculations are subjective but critical. This category covers the physical and emotional distress caused by the accident.
Arguments for higher pain and suffering damages often hinge on the "loss of enjoyment of life." If your pre-existing condition was stable enough to allow you to play with your grandchildren or garden, and the accident took that ability away, that is a significant loss.
The fact that you were already fragile might mean the accident had a more devastating psychological impact on you than it would have on someone else. The anxiety of a manageable condition becoming unmanageable is a compensable form of suffering.
Protecting Massachusetts Accident Victim Rights Against Unfair Denials
Victims of accidents in Massachusetts have the right to fair treatment by insurers. State laws, specifically Chapter 93A, prohibit insurance companies from engaging in unfair or deceptive business practices.
If an insurer denies a claim solely based on a pre-existing condition when the medical evidence clearly shows aggravation, they may be acting in bad faith. Your lawyer can remind them of their obligations under the law. Sometimes, the mere threat of a bad faith lawsuit can prompt the insurer to return to negotiations with a reasonable offer.
Do not let an insurance company bully you into accepting that you have no rights. The law protects the vulnerable just as much as the healthy.
When to Contact a Massachusetts Accident Injury Attorney
Timing is a major factor in the success of these claims. You should contact a Massachusetts accident injury attorney as soon as possible after the incident.
Early involvement allows your legal team to:
- Secure evidence before it disappears.
- Advise you on how to communicate with your doctors to ensure records are accurate.
- Handle all communication with the insurance company so you do not accidentally say something that hurts your case.
- Locate witnesses who can testify to your physical capabilities before the accident.
Waiting until you receive a denial letter makes the process harder. Building the case from day one creates a fortress around your claim that is difficult for insurance companies to breach.
Selecting the Right Massachusetts Personal Injury Law Firm
Not all law firms possess the necessary resources to manage complex medical cases. When looking for a Massachusetts personal injury law firm, you need a team with specific experience in litigation involving aggravated injuries.
Look for a firm that has the resources to hire medical experts. Ask potential attorneys about their track record with cases similar to yours. A lawyer who primarily handles simple fender benders might not have the depth of knowledge required to argue the nuances of spinal degeneration or re-injured ligaments.
You need an advocate who understands the medicine as well as the law. They must be able to translate complex medical terminology into clear arguments that a jury or adjuster can understand.
The Role of a Massachusetts Personal Injury Lawyer in Complex Cases
If your accident occurred in or around the city, a Boston personal injury lawyer will be familiar with the local courts and the specific aggressive tactics used by insurers in the metro area. Urban accidents often involve higher stakes and more complex liability questions.
Whether you are in Boston, Worcester, or Springfield, the local legal landscape matters. Judges and juries in different counties may view pre-existing condition arguments differently. A local attorney knows these tendencies and can tailor your case presentation accordingly to maximize your chances of success.
Prior Injury Claim Massachusetts: The Bottom Line
While a prior injury claim in Massachusetts presents a challenge, it is certainly not a lost cause; it simply requires a more meticulous approach. The law favors your case if you can demonstrate that the negligence of another party worsened your existing health condition.
Don't assume that an accident requires you to bear the cost of recovery simply because you have an old sports injury or an aching back. You are entitled to be returned to the same health status you would have enjoyed had the accident never taken place. If justice demands the defendant pay for the stabilization of an aggravated pre-existing condition, then that is the correct outcome.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is Just One Phone Call Away
Navigating the aftermath of an accident is never easy, but it becomes significantly more stressful when insurance adjusters try to use your medical history against you. You should not have to spend your recovery time fighting for the compensation you are owed or worrying that your past health issues will leave you with mounting bills. The legal system can be complex, and facing aggressive insurance tactics alone often leads to unfair settlements that fail to cover your long-term needs. You deserve a partner who understands the weight of this situation and will stand between you and those trying to minimize your pain.
At Brandon J. Broderick, Attorney at Law, we are dedicated to protecting the rights of injury victims across Massachusetts. We understand the specifics of cases involving pre-existing conditions and know exactly how to prove that your accident was the cause of your current suffering. Our team handles the legal heavy lifting so you can focus entirely on healing and getting your life back on track. Do not let an insurance company dictate the value of your health or your future. Contact us today to discuss your case, and let us fight for the justice and financial security you deserve.