Detailed Answer

Disclaimer: This article is for educational purposes only. It does not constitute legal advice.

1. Understand Aggravation of Pre-Existing Injuries

In Massachusetts, you can seek compensation for the aggravation or exacerbation of a pre-existing injury when a car accident makes your condition worse. Courts apply the “eggshell plaintiff” rule: a defendant takes the victim as they find them. Even if you had a prior injury, you may recover for additional harm caused by the crash.

2. Know the Legal Framework

Massachusetts follows a comparative negligence standard. If you share fault, your recovery reduces by your percentage of fault. See Massachusetts General Laws Chapter 231, Section 85 (M.G.L. c.231 §85).

The statute of limitations for personal injury claims is three years from the date of the accident. See M.G.L. c.260 §2A. Missing this deadline can bar your claim.

3. Document Your Injuries Thoroughly

• Immediate Medical Evaluation: Seek emergency or urgent care on the accident date. Early records establish a baseline.
• Detailed Medical Records: Maintain all doctor notes, imaging reports (X-rays, MRIs) and test results. Request copies of medical charts and billing statements.
• Photographs: Take clear photos of physical injuries right after the crash and during recovery stages.
• Pain Journal: Log daily pain levels, mobility challenges and how symptoms interfere with work or activities.
• Prior Medical History: Gather records on your pre-existing condition to show its previous status.

4. Prove Causation and Damages

Your lawyer or insurance adjuster must link the accident to the injury’s worsening. Common methods include:

• Expert Testimony: Medical experts explain how the crash aggravated your condition.
• Comparative Images: Show pre-accident and post-accident scans to illustrate new damage.
• Functional Capacity Evaluations: Occupational or physical therapy reports demonstrate reduced function.

5. Pursue Compensation

Follow these steps:

1. Notify Insurer: Report the accident promptly to your insurer and the other driver’s insurer.
2. Demand Package: Send a written demand outlining medical records, bills and lost wages.
3. Negotiate: Your attorney negotiates a settlement based on total damages, including past and future care.
4. Litigate if Necessary: If negotiations stall, file suit before the three-year deadline.

6. Be Aware of Common Defenses

Defendants often argue that:

• Your pre-existing condition, not the crash, caused the current harm.
• You failed to follow medical advice.
• You share fault for the accident.

Strong documentation and expert opinions can overcome these defenses.

Helpful Hints

• Start medical treatment immediately—even minor symptoms can signal serious issues.
• Keep a centralized folder (digital or physical) for all accident-related documents.
• Ask your doctor to link each symptom to the accident in writing.
• Watch deadlines: insurance companies may impose shorter notice requirements.
• Preserve vehicle damage photos and repair estimates.
• Obtain witness statements and contact information promptly.
• Consider hiring a law firm with experience in pre-existing injury aggravation cases.
• Monitor out-of-pocket expenses: copays, transportation, assistive devices.