How Pre-Existing Conditions Affect Personal Injury Claims in Massachusetts

Getting injured because someone else was negligent is a stressful situation to find yourself in. It becomes even more stressful when the other party claims you were already injured and, therefore, shouldn’t be entitled to compensation. Many injured people in Massachusetts face this kind of pushback after a crash.

The good news is, having a pre-existing medical condition doesn’t mean you’re automatically out of luck. Massachusetts law protects people whose injuries are made worse by an accident. Thanks to the eggshell plaintiff rule, if someone else’s carelessness aggravated your old injury or condition, you may still be entitled to compensation.

What is the eggshell plaintiff rule?

The eggshell plaintiff rule means that if someone causes harm to another person, they are responsible for the full extent of that harm, even if the victim had a preexisting condition. The basis of the rule is “you take the victim as you find them.” This means the defendant can’t argue for less responsibility just because the plaintiff was more vulnerable or fragile than an average person.

For instance, if a car accident causes an injury to someone who already had a minor issue with their back, the person who caused the accident cannot reduce their liability just because most people wouldn’t have been hurt as badly.

However, a defendant is not generally responsible for problems that would have developed from the old condition alone. If a preexisting injury or condition would have gotten worse on its own, the defendant does not have to compensate for that natural progression. Liability only extends to the extra harm their actions caused. If their negligence worsened the injury, they’re liable for that aggravation. However, when the harm can’t be reasonably divided, a defendant is potentially liable for the full resulting injury.

Proving aggravation in your personal injury claim

Many people involved in accidents experience an aggravation of injuries they already had. To get fair compensation, you need evidence showing that what you’re experiencing from the accident isn’t just what you were already dealing with. Here’s how you can prove aggravation and get compensation for your injuries and losses:

Pre- and post-accident medical records

Your medical paperwork tells the story of your injury from the very start. Doctors’ notes, X-rays, MRI images, and lists of your medications all show what was going on both before and after the incident. Your personal injury lawyer can present a comparison of how you were doing before and how you’re doing now to show that your injuries were clearly aggravated.

The timeline after the accident

Records made right after the injury become extremely useful. Emergency room reports, test results, and notes from follow-up appointments can show how serious the accident was. They can also show if you got a new diagnosis or if your treatment plan was changed. Maybe the records show you had to see a new specialist, take different medication, or increase your dose. All of this can show how your situation was made worse.

Expert witness reports or testimony

Sometimes, only a doctor, therapist, or occupational specialist can explain that your injuries have worsened. These professionals explain new pain, diagnose issues you weren’t previously dealing with, and explain exactly how the accident caused new issues for you. When you have an expert write a report or testify on your behalf, it explains in a clear way how you were affected.

Third-party corroboration

Statements from those who are with you on a regular basis can help show aggravation as well. This could be coworkers, family members, friends, or anyone you spend a lot of time with. They can testify to changes—like increased pain levels or an inability to participate in hobbies you once enjoyed.

With the right records and support from doctors and trusted people in your life, you can show that the accident caused your injuries to worsen and that you’re entitled to compensation as a result.

How insurers try to use pre-existing conditions against you

After an accident, insurance companies look for reasons to pay as little as possible, or nothing at all, on injury claims. If you have any kind of medical history, be prepared for this. Adjusters and their lawyers will often use your pre-existing conditions as a way to downplay your injuries. Here’s how:

Claim all of your symptoms are old

Insurers often argue that whatever pain or limitations you feel now must come from an old injury or problem. They might claim this is just the normal course of a past medical issue rather than anything caused by the recent incident.

Blanket medical authorizations

Soon after filing a personal injury claim, you may be pressured to sign broad permissions allowing them to see all your records, sometimes your entire medical history, not just injuries connected to the accident.

An adjuster will try to comb through years of your records, hunting for prior complaints, sometimes minor aches from years back. If any note in your file says you reported pain, even if you recovered soon after, that one detail could be used as “proof” the accident didn’t cause you new harm.

Argue you’re just having a temporary flare-up

Often, the adjuster (or their doctor) will argue that any complaints now from the accident are only a flare-up of a chronic issue you already had. They may say you have not suffered any new or lasting injury, just a brief flare-up of longstanding discomfort.

Social media surveillance

Some adjusters check social media for posts or pictures showing you outside, attending events, or being active. They do this as a way to show that you aren’t as injured as you say you are from the current accident.

Attacking your credibility

If they see even minor inconsistencies between your memory and the records, they may present this as “hiding” past problems or being untrustworthy. The goal is to argue that your word can’t be trusted and you aren’t actually that hurt.

Legal guidance is essential if you or someone you care about feels insurance is using these tactics against them. Our boutique law firm has helped injured victims recover millions. Past results do not guarantee a similar outcome as each case is different, but we are committed to providing hands-on help with the strength and skills of a larger office. With many years of experience battling insurance strategies, our team can fight for what’s fair. Contact Santoro & Gray to schedule a free consultation.