When pursuing a car accident claim in Massachusetts, one factor that can significantly influence the process is whether you have a pre-existing medical condition. Understanding how such conditions might impact your claim is essential for ensuring fair compensation. Massachusetts follows a no-fault insurance system, which can complicate claims involving pre-existing conditions. This article explores how these conditions are treated under Massachusetts law and what steps you can take to strengthen your case.
The Basics of Pre-Existing Conditions
A pre-existing condition refers to any injury, illness, or medical issue that existed before the car accident. Examples include:
- Chronic pain from prior injuries (e.g., a back injury from a previous accident).
- Long-term illnesses like arthritis or degenerative disc disease.
- Previous surgeries or medical procedures that affect the area injured in the accident.
Under Massachusetts law, you are entitled to seek compensation for any new injuries or the aggravation of pre-existing conditions caused by the accident. However, insurance companies often scrutinize claims involving pre-existing conditions more closely.
Massachusetts No-Fault Insurance and Pre-Existing Conditions
Massachusetts is a no-fault state, which means drivers turn to their personal injury protection (PIP) insurance to cover initial medical expenses and lost wages, regardless of who caused the accident. PIP coverage typically includes:
- Up to $8,000 for medical bills and lost wages.
- Coverage for necessary services like household help if you’re unable to perform daily tasks due to your injury.
However, PIP benefits can be limited if the insurer determines that your injuries are primarily related to a pre-existing condition. For example, if you have chronic back pain and experience additional back pain after the accident, the insurance company might try to argue that the accident did not significantly worsen your condition.
The "Eggshell Plaintiff" Rule
Massachusetts courts apply the "eggshell plaintiff" rule in personal injury cases. This legal principle holds that a defendant must take the victim as they find them. In other words, if your pre-existing condition makes you more susceptible to injury, the at-fault party cannot use that as a defense to reduce their liability. For instance:
- If you have a herniated disc that worsens after a car accident, you may still recover damages for the aggravation caused by the collision.
- The rule makes sure that victims with pre-existing conditions are not unfairly penalized in personal injury claims.
Challenges Posed by Insurance Companies
Insurance adjusters usually attempt to minimize payouts by blaming your injuries on pre-existing conditions rather than the accident. Here are common tactics they use:
- Requesting Extensive Medical Records: Insurers may comb through your medical history to find evidence of past injuries.
- Using Pre-Accident Pain as Evidence: They might argue that your symptoms existed before the accident.
- Hiring Independent Medical Examiners: These examiners may provide reports suggesting your injuries are unrelated to the collision.
To counter these tactics, it’s essential to work with experienced legal counsel who can gather evidence, such as expert medical testimony, to establish how the accident aggravated your condition.
Proving Aggravation of a Pre-Existing Condition
If your pre-existing condition has been aggravated by the car accident, you must provide compelling evidence to substantiate your claim. Key steps include:
- Obtaining Detailed Medical Records: These should document your health status before and after the accident.
- Seeking Expert Testimony: A physician can explain how the accident exacerbated your condition.
- Maintaining a Pain Journal: Keep track of how your symptoms have changed and affected your daily life since the accident.
- Collecting Diagnostic Images: X-rays, MRIs, or CT scans can illustrate changes in your condition caused by the collision.
Strong evidence is critical to proving that the accident, rather thanpre-existing condition, is responsible for your current pain and limitations.
Comparative Negligence and Damages in Massachusetts
Massachusetts follows a modified comparative negligence rule. This means:
- If you are less than 51% at fault for the accident, you may recover damages.
- Your compensation will be reduced by your percentage of fault.
For example, if the court determines you were 20% responsible for the accident and your total damages amount to $50,000, you would receive $40,000.
Even if your injuries are partially linked to a pre-existing condition, the at-fault party remains liable for the portion of your injuries directly caused by the accident. Working with an attorney can help ensure that your compensation reflects the full extent of your damages.
Practical Tips for Strengthening Your Claim
To improve your chances of obtaining fair compensation, follow these steps:
Seek Immediate Medical Attention: Promptly see a doctor after the accident, even if your symptoms seem minor.
Be Honest About Your Medical History: Disclose any pre-existing conditions to your attorney and treating physicians.
Document All Medical Expenses: Keep receipts for treatments, medications, and rehabilitation related to the accident.
Hire an Experienced Attorney: A lawyer will help navigate the complexities of your claim and negotiate with insurance companies.
Conclusion
A pre-existing condition does not bar you from going after compensation for injuries sustained in a car accident in Massachusetts. By understanding your rights and gathering strong evidence, you can prove that the accident made your condition worse and recover the damages you deserve. Insurance companies often attempt to downplay claims involving pre-existing conditions, but with the right legal strategy, you can overcome these challenges and secure fair compensation for your injuries.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Massachusetts Car Accident Claims can be challenging. Fortunately, you don't need to do it alone. The experienced Car Accident Lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
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