After a serious accident, one of the first questions many injured individuals ask is: “Will my prior injury or medical condition prevent me from bringing a claim?”
The answer, in most cases, is no.
Insurance companies often attempt to use a person’s medical history to minimize the value of a personal injury claim. They may argue that your pain, disability, or need for treatment existed long before the accident occurred. However, under Massachusetts law, the fact that you suffered from a prior injury, chronic condition, or previous medical issue does not prevent you from recovering compensation if another person’s negligence caused new injuries or aggravated an existing condition.
In fact, some of the most significant personal injury cases involve individuals whose pre-existing conditions were substantially worsened by a traumatic event.
Does a Prior Injury Preclude Recovery?
Many people have a history of back pain, neck injuries, arthritis, prior surgeries, or other medical conditions before they are involved in a motor vehicle collision, slip-and-fall accident, workplace injury, or other traumatic event.
The critical question is not whether you had a prior injury. Rather, the question is whether the accident caused a new injury or worsened an existing one.
For example:
- A person with a history of chronic lower back pain may suffer a significant aggravation of that condition following a serious automobile accident.
- An individual who previously underwent knee surgery may sustain additional damage after falling on a dangerous property.
- Someone with degenerative disc disease may experience new symptoms, increased pain, or require surgery after a traumatic incident.
When another person’s negligence causes a pre-existing condition to worsen, Massachusetts law allows an injured person to seek compensation for that additional harm.
Massachusetts Recognizes the “Eggshell Plaintiff” Rule
Massachusetts follows the long-established legal principle commonly known as the “eggshell plaintiff” rule. Under this doctrine, a negligent party must take an injured person as they find them. The Massachusetts Supreme Judicial Court recognized this principle in Wallace v. Ludwig, 292 Mass. 251 (1935), holding that a defendant cannot avoid liability simply because an injured person’s pre-existing condition made them more susceptible to harm.
In practical terms, this means that a negligent driver, property owner, manufacturer, or healthcare provider cannot escape responsibility because the injured person was more vulnerable than someone else. If an accident aggravates a pre-existing condition or causes substantially greater injuries because of that condition, the defendant may be held responsible for the full extent of the harm caused.
This principle often becomes a critical issue in personal injury litigation. At trial, the focus is not on whether the injured person was in perfect health before the accident, but whether the defendant’s negligence caused a new injury or significantly worsened an existing one. When the evidence demonstrates that an accident aggravated a pre-existing condition, Massachusetts law allows the injured person to recover damages for that additional harm.
How Do Insurance Companies Use Pre-Existing Conditions Against Injury Victims?
Insurance companies routinely review an injured person’s medical history in an effort to minimize or deny a claim. They may argue that your symptoms existed before the accident, are the result of a degenerative condition, or that your current treatment and limitations are unrelated to the incident.
For this reason, it is essential to be honest and forthcoming about your medical history with both your attorney and healthcare providers. An experienced personal injury attorney can present the medical evidence necessary to demonstrate that the accident caused a new injury or significantly aggravated a pre-existing condition.
What Role Does Medical Evidence Play in the Outcome of an Injury Claim?
When a pre-existing condition is involved, medical evidence becomes especially important. Successfully proving that an accident caused a new injury or aggravated an existing condition often requires a careful review of medical records, diagnostic imaging, treatment history, and, in some cases, expert medical testimony.
Important evidence may include:
- Medical records documenting your condition before the accident;
- Emergency room and hospital records;
- MRI, CT scan, and X-ray findings;
- Treatment records following the incident;
- Opinions from treating physicians and medical experts; and
- Documentation demonstrating how your symptoms changed after the accident.
A clear timeline comparing a person’s condition before and after an accident can be particularly persuasive when establishing the extent of the injuries caused by another person’s negligence.
Every Personal Injury Case Deserves a Careful Evaluation
Every case is different and determining how a prior injury affects a personal injury claim requires a careful analysis of the medical evidence, the nature of the accident, and the extent to which the person’s condition was aggravated.
For decades, SUGARMAN has successfully represented clients in personal injury matters, including cases involving prior injuries and pre-existing medical conditions. If you or a loved one has been injured, and you would like to speak to an attorney, call 617-542-1000, email or fill out our contact form.