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What happens if I have a pre-existing condition in my Boston, MA personal injury case? Lawyers, please advise.

a year ago
24

When dealing with a personal injury case in Boston, MA, having a pre-existing condition can have an impact on your case. It is crucial to understand how pre-existing conditions are handled and what implications they may have on your claim.

In general, if you have a pre-existing condition that is aggravated or worsened by the personal injury incident, you may still be entitled to compensation. However, it can be more challenging to prove the extent of the new injuries caused by the incident, as opposed to the pre-existing condition.

One possible scenario is if you had a pre-existing back condition, such as a herniated disc, and you were involved in a car accident that further exacerbated your condition. In this case, you would need to demonstrate that the accident directly caused additional harm or worsened your pre-existing condition.

It's important to note that insurance companies and defense lawyers often try to use pre-existing conditions as a defense to minimize or deny your claim. They may argue that your current injuries are solely a result of your pre-existing condition, rather than the incident in question.

To strengthen your case, you should consider the following:

  1. Medical documentation: Provide thorough medical records and expert opinions that clearly outline the impact of the incident on your pre-existing condition.
  2. Causation: Establish a clear link between the incident and the worsening of your pre-existing condition. This can be done through medical expert testimony and other supporting evidence.
  3. Comparative negligence: In Massachusetts, the comparative negligence system is used, which means that the court will assess the percentage of fault for each party involved. If your pre-existing condition contributed to the severity of your injuries, it may affect the amount of compensation you receive.

It's important to consult with a personal injury lawyer who specializes in handling cases in Boston, MA. They will have the expertise and experience to navigate the complexities of personal injury law and help you build a strong case.

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