How Preexisting Conditions Affect Injury Claims Under Massachusetts Law

An accident can jolt a body already carrying old damage. A college‑soccer knee may still ache; scar tissue from a back surgery may linger. Massachusetts will not force defendants to pay for the original injury, but it will require compensation for any fresh harm that a crash or fall causes.

Damages are measured by the difference between yesterday’s health and pain levels versus today’s. A savvy attorney who knows the medical records can make that difference vivid for adjusters and juries alike.

The eggshell skull plaintiff doctrine: you take victims as you find them

Massachusetts follows the classic “eggshell skull plaintiff rule.” Essentially, if a plaintiff has brittle bones that fracture in a low‑speed collision, the crash still creates full liability. The defendant cannot hide behind a victim’s vulnerability.

Defense counsel may argue that an underlying condition, not the defendant’s conduct, caused the injury. However, Massachusetts courts focus on whether the defendant’s actions aggravated the condition, regardless of preexisting issues. The crucial task is showing how new trauma interacted with old weakness. Skilled personal injury lawyers weave treating‑physician testimony together with imaging studies to prove an unbroken chain of cause and effect.

Proving that the accident aggravated your condition

Most claims rise or fall on medical chronology. Begin by gathering every record that predates the accident. Next, secure fresh MRIs, nerve‑conduction tests, or range‑of‑motion studies. Laying two timelines side by side–before and after–highlights change in ways jurors can grasp without a medical degree.

Symptom journals fill gaps when scanning results are ambiguous. Daily notes on sleep loss, missed work, or abandoned hobbies supply a lived narrative of decline. Massachusetts judges admit this lay evidence when it corroborates clinical findings. Consistency counts because gaps invite cross‑examination.

Insurance companies are quick to exploit any mention of prior injury. Without strong legal advocacy, claimants may find their suffering unfairly dismissed as “preexisting.” That’s why working with a lawyer who understands how to present medical history strategically is critical.

Massachusetts law protects those who bring medical baggage into a new injury. A knowledgeable attorney can connect the dots between the past and present, ensuring that juries understand how much more the accident took from an already vulnerable body.

Evidence that persuades Massachusetts insurers and juries

Diagnostic films and clear radiology comparisons leave little room for speculation. Treating‑physician affidavits come next. Doctors who have monitored a patient for years can pinpoint functional decline far better than an insurer‑hired “independent” examiner.

Vocational experts also matter. If a factory technician must request lighter duty because a spinal injury intensified, wage‑loss projections translate that limitation into dollars. A seasoned personal injury lawyer will enlist economists early, knowing that mediation leverage often flows from hard numbers.

Common defense tactics and how to counter them

Insurers have many ways of defending against a personal injury claim. They may demand a blanket medical release to “go fishing” in decades of records. Narrow the authorization to body parts at issue and a reasonable period. Another ploy is blaming age‑related arthritis for every ache. Comparative imaging undercuts the narrative by showing acute findings absent in earlier scans.

Surveillance video sometimes captures a claimant lifting groceries. You can explain that pain fluctuates—one good moment does not erase weeks of limitation. Victims need not prove perfect consistency—only credible aggravation.

Why skilled legal guidance is essential

Managing an aggravation case demands tactical choices–which specialists to consult, when to schedule imaging, how to frame diaries, and where to draw discovery lines. Experienced personal injury lawyers know which facts sway adjusters and which erode credibility.

Massachusetts allows only three years to file most negligence actions. Waiting while symptoms ebb and flow can cost critical proof–or bar the suit entirely. Prompt legal help preserves both evidence and deadlines.

The role of medical causation experts

Jurors often struggle with grayscale images projected in a dim courtroom. A board‑certified orthopedic surgeon can often translate those blurs into plain‑English injury stories. When opinions tie directly to measurements in the radiology report, credibility soars.

Massachusetts applies the Daubert‑Lanigan standard to expert testimony, requiring reliable methodology. That hurdle deters “hired guns” who leap from assumption to conclusion. Retaining reputable experts early prevents last‑minute scrambles.

Comparative negligence and preexisting conditions

Even when aggravation is clear, defendants may argue that a plaintiff’s own actions worsened the harm—skipping therapy, lifting too soon, or ignoring medical advice. Under Massachusetts comparative fault rules, damages shrink by the plaintiff’s percentage of fault, provided that share stays below 51%. If the plaintiff’s share exceeds 50%, they lose all compensation.

Documenting strict compliance with medical recommendations can combat this defense. Keep home‑exercise logs, appointment cards, and pharmacy receipts. Showing earnest effort underlines that lingering pain stems from the accident, not from neglect.

Settling versus litigating

Complex medical cases often settle only after the insurer senses true trial risk. Filing a lawsuit starts the pretrial discovery clock ticking and forces the honest valuation of claims. If the insurer knows your lawyer is ready and willing to go to trial, they are more inclined to make a reasonable and fair offer.

What to do right after an accident

Seek medical attention immediately, even if your pain feels familiar. Early imaging captures baseline change. Tell physicians about every prior condition. Honesty builds trust and prevents old injuries from surfacing later and undermining your credibility.

Notify your employer and request an incident report. Written contemporaneous accounts blunt later claims that symptoms emerged out of nowhere. Save pill bottles, braces, and even worn‑out shoes. Physical objects speak louder than memories.

How the Law Offices of Gerald J. Noonan can help

For more than five decades, The Law Offices of Gerald J. Noonan has championed injured Massachusetts residents from its family‑run Brockton office. We handle vehicle accidents, falls, and workplace injuries complicated by prior medical issues. Our team collaborates with orthopedic surgeons, neurologists, and vocational planners to build airtight aggravation evidence. Clients stay informed because communication is woven into our firm culture. If you were in an accident that aggravated an old injury, contact us today to schedule a free consultation.