The moments and days after losing a loved one are filled with a grief that can feel insurmountable. When that loss was caused by someone else’s carelessness or negligence, the pain is compounded by a profound sense of injustice. If you find yourself in this heartbreaking situation, the thought of a legal battle can be unbearable. This is especially true if the at-fault party’s insurance company begins to suggest that your loved one’s pre-existing health conditions—not their client's negligence—are the real reason for their passing.

Such an argument is a common tactic used to devalue a legitimate claim and avoid responsibility. They may try to argue that because your family member had a condition like heart disease, diabetes, or a history of cancer, their life was already compromised, and therefore the defendant’s actions played only a minor role, if any.

In Massachusetts, the law sees things differently. A defendant does not get a discount on their negligence simply because the person they harmed was more vulnerable than someone else. This article will explain how pre-existing conditions interact with wrongful death lawsuits in Massachusetts, clarifying your rights and outlining the path to holding the responsible parties accountable.

Understanding Wrongful Death Claims in Massachusetts

Before examining the role of prior health issues, it’s important to understand what constitutes a wrongful death claim in Massachusetts. Governed by state law—specifically Massachusetts General Laws Chapter 229, Section 2—a wrongful death claim is a civil lawsuit filed when a person's death is caused by the negligence, willful or reckless act, or breach of warranty of another person or entity.

This is not a criminal case. Instead, it is a civil action brought by the personal representative of the deceased person’s estate on behalf of the surviving family members (such as a spouse, children, or parents). The goal is to recover compensation for the immense losses the family has suffered.

To succeed in a wrongful death claim, the personal representative must prove three key elements:

1. Negligence or Wrongful Act: There must be evidence that a person or entity acted carelessly (negligence) or intentionally wrongfully, and this action led to the fatal injury.
2. Causation: The defendant's wrongful act must be a direct and proximate cause of the death. This is often the most contested element when pre-existing conditions are involved.
3. Damages: The surviving family members must have suffered measurable damages, both economic and non-economic, as a result of the death.

Damages in a Massachusetts wrongful death case can include compensation for the family’s loss of the decedent's reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, and advice. The estate can also recover for the deceased’s conscious pain and suffering endured before death, as well as funeral and burial expenses. In cases of gross negligence or willful misconduct, punitive damages may be awarded to punish the defendant.

The Concept of the “Eggshell Skull” Rule in a Wrongful Death Lawsuit in Massachusetts

A foundational principle in Massachusetts personal injury and wrongful death law is the “Eggshell Skull” rule. The name paints a vivid picture: if a person has a skull as fragile as an eggshell, and a defendant negligently taps them on the head, causing the skull to shatter, the defendant is responsible for the full, catastrophic result—not just for the minor tap that a person with a normal skull would have endured.

In simpler terms, a defendant is legally responsible for all the harm they cause, even if the victim’s pre-existing condition made them far more susceptible to injury or death. The at-fault party cannot use the victim’s underlying frailty as a shield to escape or reduce their liability.

Consider this example: An 80-year-old man with severe osteoporosis is living an active life. One day, a speeding driver runs a red light and causes a collision. The impact, which might have only caused bruises to a younger person, shatters the man’s hip. He undergoes surgery but develops a fatal blood clot—a known risk of such procedures in the elderly. The driver is responsible for his death. The driver's lawyer cannot successfully argue, "If he didn't have osteoporosis, he would have been fine." The driver’s negligence set in motion the chain of events that led to the man’s death, and under the eggshell skull rule, the driver is liable for the full consequences.

How a Pre-Existing Condition Can Impact Your Wrongful Death Lawsuit in Massachusetts

While the eggshell skull rule prevents a defendant from completely avoiding liability, a pre-existing condition can still influence two key aspects of a wrongful death lawsuit: causation and the calculation of damages. This is where defense attorneys and insurance companies will focus their efforts.

Causation: The Main Battleground in a Wrongful Death Lawsuit

The central question in these cases is not whether the pre-existing condition existed, but whether the defendant’s negligence was a “substantial contributing factor” in causing the death. This is the legal standard in Massachusetts. The negligence does not have to be the only cause or even the primary cause of death. As long as it was a substantial factor that hastened the death, the defendant can be held liable.

The defense strategy will be to argue the opposite. They will attempt to prove that the death was an inevitable and imminent result of the pre-existing condition alone and that their client’s actions were merely coincidental or insignificant.

Imagine a patient with chronic obstructive pulmonary disease (COPD) who undergoes a routine knee replacement. Post-surgery, the medical staff fails to administer proper breathing treatments, leading to respiratory failure and death.

• The Plaintiff’s Argument: The wrongful death attorney in Massachusetts will hire medical experts to testify that while the patient had compromised lung function due to COPD, the failure to provide proper respiratory care was a substantial contributing factor that caused a preventable death. The patient would have survived the surgery and continued living with their managed condition had the negligence not occurred.
• The Defense’s Argument: The hospital's lawyers will argue that the patient’s COPD was so severe that any surgical stressor could have triggered a fatal outcome, and therefore, the death was a result of the underlying disease, not their staff’s actions.

Successfully navigating this battleground requires a deep dive into medical records and powerful testimony from credible medical experts who can clearly explain to a jury how the negligence tipped the scales and led to the tragic outcome.

The Impact on Damages and Compensation in Your Wrongful Death Claim

Even when causation is established, a pre-existing condition can affect the value of the damages awarded. This is because damages for future losses are based on what would have likely happened if the wrongful act had not occurred.

• Life Expectancy and Lost Earnings: A significant portion of a wrongful death award is often based on the income the deceased would have earned over their remaining lifetime. The defense will use a pre-existing condition to argue that the decedent’s life expectancy was already shortened, thereby reducing the amount of future lost wages the family can claim. For example, they might argue a person with Stage 4 cancer had only months to live, regardless of a car accident. However, a skilled wrongful death lawyer can counter such an argument by presenting evidence that the condition was well-managed, that the person was responding to treatment, or that their doctors projected a longer life expectancy than the defense suggests.
• Loss of Companionship (Consortium): Similarly, the damages for loss of society and companionship are calculated based on the joint life expectancy of the decedent and the surviving family member. The defense may argue that a pre-existing condition would have limited the quality or duration of that relationship anyway.
• Conscious Pain and Suffering: The estate can recover damages for any pain and suffering the decedent consciously experienced between the time of the negligent act and their death. The defense might try to muddy the waters by claiming the pain was a symptom of the pre-existing condition, not the injury. An experienced attorney will use medical evidence to distinguish the new, acute suffering caused by the defendant’s negligence from any chronic symptoms the person previously managed.

It is important to note that punitive damages are generally unaffected by pre-existing conditions. Punitive damages are intended to punish the defendant for gross negligence or willful misconduct. The focus is on the reprehensibility of the defendant's actions, not the victim's health status.

The Indispensable Role of a Skilled Massachusetts Wrongful Death Lawyer

Facing a wrongful death case involving a pre-existing condition without expert legal representation is an uphill battle. Insurance companies have teams of lawyers dedicated to minimizing payouts, and they will exploit every medical complexity to their advantage. An experienced wrongful death lawyer in Massachusetts is here to advocate for you and ensure that your voice is heard during this challenging time.

Gathering Evidence and Consulting Experts

Your attorney and their team will undertake a meticulous investigation. This includes:

• Collecting all of the decedent’s medical records, sometimes going back decades, to build a complete picture of their health.
• Identifying and retaining highly qualified medical experts in relevant fields (e.g., oncology, cardiology, neurology) to analyze the records.
• Working with these experts to produce clear, persuasive reports and testimony that establish the defendant's negligence as a substantial contributing factor in the death.

Fighting Insurance Company Tactics

Insurance adjusters are trained to use a pre-existing condition as leverage. They will make lowball settlement offers, hoping the grieving family is too exhausted to fight. Your attorney will handle all communications and negotiations, presenting a well-supported case built on legal precedent and expert medical evidence, forcing the insurer to value the claim fairly.

Navigating the Complexities of a Massachusetts Wrongful Death Lawsuit

From filing the claim within the strict statute of limitations to managing the discovery process and arguing motions in court, a wrongful death lawsuit is procedurally complex. An experienced lawyer ensures that every deadline is met and every legal standard is satisfied, protecting your family’s rights throughout the process.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

Losing a family member is a devastating experience. When you suspect that negligence was involved—even if your loved one had a pre-existing medical condition—you deserve answers and accountability. The legal system in Massachusetts is designed to protect the vulnerable, and a defendant should not be allowed to hide behind your family member's prior health history to escape justice.

At Brandon J. Broderick, Attorney at Law, we understand the profound emotional and financial toll a wrongful death takes on a family. Our team has the experience, resources, and compassion to handle these complex cases. We know how to counter the arguments of insurance companies and build a powerful case to demonstrate the true cause of your loss.

If you have lost a loved one due to someone else's negligence in Massachusetts, do not let a pre-existing condition deter you from seeking the justice your family deserves. Contact us today for a free, no-obligation consultation.