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How does a prior injury affect my Boston, MA personal injury case? Lawyers' insights required.

a year ago
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When it comes to a personal injury case in Boston, MA, a prior injury can indeed have an impact on your case. It is important to understand how this can affect various aspects of your claim.


Firstly, a prior injury can affect the determination of damages. In personal injury cases, damages are typically awarded to compensate the injured party for the harm suffered. However, if you had a pre-existing injury that is similar to the injury you are currently claiming, the defendant may argue that the damages should be reduced or limited. They might claim that your current injury is not entirely attributable to the incident in question, but rather a result of the pre-existing condition.


For example, let's say you were involved in a car accident and sustained a back injury. However, you had a pre-existing back condition that was aggravated by the accident. The defendant's lawyer may argue that only a portion of your current symptoms are attributable to the accident, and therefore, the damages should be reduced.


Secondly, a prior injury can impact the issue of causation. In a personal injury case, you need to establish that the defendant's negligence or wrongful conduct directly caused your injuries. If you had a prior injury to the same body part, the defendant's lawyer may argue that your current injuries are a result of the prior injury rather than the incident in question.


For instance, let's say you slipped and fell in a store, injuring your knee. However, you had a previous knee injury from a sports accident. The defendant's lawyer may argue that your current knee pain is a result of the previous injury and not the fall in the store.


Lastly, a prior injury can also impact the issue of pre-existing conditions. If you had a pre-existing condition that made you more susceptible to injury, the defendant's lawyer may argue that they should not be held fully responsible for your current injuries. They might claim that even if they were negligent, your pre-existing condition contributed significantly to the harm you suffered.


For example, let's say you were involved in a bicycle accident and sustained a head injury. However, you had a pre-existing medical condition that made you more prone to head injuries. The defendant's lawyer may argue that they should not be held entirely responsible for your current condition because of your pre-existing vulnerability.


It is essential to note that the impact of a prior injury on your personal injury case can vary depending on the specific circumstances and the laws in Massachusetts. Consulting with an experienced personal injury lawyer in Boston, MA, who can assess your case and provide tailored advice is crucial.


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