Recovery for Pre-Exisiting Injuries

Many people live their lives with pre-existing medical conditions such as: degenerative conditions in the back, previous broken bones that have healed, bad knees, etc.

The question becomes, are you entitled to recover for damages in a personal injury accident when a pre-existing medical condition has been aggravated or exacerbated? The answer is yes.

The Egg Shell Skull Theory

The Egg Shell Skull Theory goes like this. Let’s say Humpty Dumpty, who has a skull as thin as an egg shell, is driving, and gets into a car accident that is not his fault. His skull being as thin as an egg shell shatters into a hundred pieces so that all of the king’s horses and all of the king’s men could not put his head together again. Can Humpty Dumpty recover for his injuries considering the fact that he had a skull as thin as an egg shell, which is not normal for human beings? Yes he can.

Massachusetts personal injury law makes persons who are negligent, liable for injuries that they cause when those injuries are reasonably foreseeable. The case law on the subject has concluded that it is reasonably foreseeable that persons who are injured may have pre-existing conditions, or deformities, and that a negligent person must take the injured person as they find them. Hence Humpty Dumpty is entitled to a recovery even though is head is as thin as an egg shell.

Pre-Existing Conditions

I handle many personal injury cases where a person suffers an injury due to the negligence of another, and the injury is actually diagnosed as a condition that existed prior to the accident, but was exacerbated or only became symptomatic after the injury accident.

Many people who have pre-existing conditions are completely pain free notwithstanding their conditions, or have minimal discomfort due to their conditions.

These people are entitled to recover for their losses just like anyone else who is injured in a Personal Injury accident that is not their fault. Many times, insurance company adjusters and insurance company lawyers will try to limit their liability by claiming that the injured person was not injured at all in an accident, and that they had a pre-existing medical condition which cuts off or limits their liability.

Some persons with pre-existing medical conditions may not even seek legal advice or retain a lawyer after they are injured, because they figure that they already had the condition before the accident in the first place. This is a huge mistake.

The bottom line is that any person who is injured due to the negligence of another, and who has a pre-existing medical condition, is entitled to recover compensatory damages that were caused by the accident. If a pre-existing medical condition or disability is made worse or symptomatic as a result of the accident you are entitled to recover.

At the law firm of Curran & Desharnais, P.C., we provide experienced representation for people who have been injured in accidents throughout Massachusetts & the Greater Boston area.

Call the Greater Boston Personal Injury Attorneys at the Law Office of Curran & Desharnais, P.C. Today at 781-618-3197 or 1-888-682-9194 or email Attorney Curran directly at jkcurran@verizon.net.

Car Accidents, Massachusetts Dram Shop Attorney, Motorcycle Accidents, Negligent Security, Personal Injury, Premises Liability, Trucking Accidents

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