If you had a prior injury, chronic condition, or medical history affecting the same body part involved in your accident, you may be worried that the insurance company will use that history to deny or minimize your claim. This concern is valid – pre-existing conditions are one of the most commonly used defense tactics in Massachusetts personal injury cases. But having a prior condition does not prevent you from recovering full compensation for the harm an accident caused, and understanding how the law approaches this issue is essential.
The Eggshell Plaintiff Rule in Massachusetts
Massachusetts follows the “eggshell plaintiff” (or “eggshell skull”) doctrine, a well-established legal principle that holds a defendant responsible for the full extent of a plaintiff’s injuries, even if those injuries are more severe than what a healthy person would have suffered in the same accident. The name comes from the idea that if a defendant negligently strikes someone whose skull is as thin as an eggshell, the defendant is liable for the full injury – they must take the plaintiff as they find them.
In practical terms, this means that if you had a pre-existing back condition and an accident caused it to flare dramatically – requiring surgery that a healthier spine might not have needed – the defendant is responsible for the full cost of that surgery, not just what it would have cost to treat a normal back. You cannot be penalized for being more vulnerable than the average person.
The Aggravation of Pre-Existing Condition Theory
A closely related principle is the aggravation theory. When an accident aggravates, accelerates, or significantly worsens a pre-existing condition, the defendant is liable for the aggravation – the portion of your current condition that is attributable to the accident – even if they are not responsible for the underlying condition that existed before.
The challenge in these cases is establishing what portion of your current suffering and disability is attributable to the accident versus the pre-existing condition. This typically requires strong medical evidence, often including testimony from your treating physicians about how your condition changed as a result of the accident, and sometimes independent medical expert analysis comparing your pre-accident and post-accident medical records.
What Insurance Companies Do With Pre-Existing Conditions
Insurance companies and their attorneys are well aware of these legal principles – and they work hard to minimize their application in practice. Common tactics include arguing that your current condition is entirely explained by the pre-existing problem and unrelated to the accident; obtaining your full medical history going back years and selectively emphasizing prior complaints; and using their own hired medical experts to opine that the accident caused minimal or no change in your condition.
These tactics can be very effective against unrepresented claimants. With experienced legal representation, they can be challenged with your treating physicians’ records and testimony, objective findings like MRI comparisons, and expert witnesses who can clearly explain the causal connection between the accident and your worsened condition.
How to Protect Your Claim When You Have a Pre-Existing Condition
Be completely honest with your attorney and your medical providers about your prior medical history. Attempting to hide pre-existing conditions is both ethically wrong and strategically counterproductive – it will be discovered during the insurance company’s investigation, and it will undermine your credibility. Instead, work with your attorney to build a clear, documented narrative showing exactly what your condition was before the accident and how it changed as a direct result of the incident.
If you were injured in Massachusetts and have a pre-existing condition, do not assume you cannot recover. Contact Larson Law for a free case review – we handle complex injury cases with pre-existing condition issues throughout Massachusetts.