You managed a degenerative disc or a chronic cervical strain for years without much thought, and then a collision changed the calculus entirely. The adjuster reviewing your file has already located that history and is preparing to characterize your current symptoms as nothing more than the predictable trajectory of an aging spine.
Massachusetts law may still protect you.
How the eggshell plaintiff rule protects you
Massachusetts follows the eggshell plaintiff rule. A negligent driver takes you as they find you. The Supreme Judicial Court applied that principle in Wallace v. Ludwig, 292 Mass. 251 (1935). A driver may owe compensation when a crash worsens a condition that was stable before impact. A defendant is generally not responsible for the natural progression of an old condition on its own.
Separating old symptoms from new harm
Your claim can turn on the gap between your baseline and your current condition. Objective imaging often carries the most weight here. Records that can show the shift include:
- Prior imaging: MRIs or X-rays taken before the crash.
- Post-crash scans: New films showing acute findings.
- Treatment notes: Added specialists, therapy or medication changes.
- Function records: Work restrictions or activities you lost.
A consistent timeline across these documents can be harder for an insurer to dismiss.
Answering the degenerative wear and tear argument
Adjusters often label your pain as normal aging. This matters because that single phrase can cut a settlement offer sharply. A treating physician or retained medical expert may explain why the findings look acute rather than chronic. Honest reporting helps too. Tell your doctors about prior injuries early. Gaps in treatment can let an insurer blame the old condition instead of the crash.
Talk with Richard Connors, Attorney at Law
A prior condition does not end your right to compensation in Massachusetts. The law can hold a negligent driver responsible for the added harm. Old records, new imaging and expert opinion are what prove that change. This matters because an insurer may value your claim on what your file shows, not on how you feel.
Do not let an insurer blame your crash injuries on old medical history. The Law Offices of Richard T. Connors handles Massachusetts car crash claims and knows how adjusters use pre-existing conditions to shrink payouts.
Attorney Richard T. Connors works directly with clients, builds the medical record early and pushes back when a carrier calls your injury degenerative. Schedule a free consultation today to protect your claim before you give a recorded statement or sign a release.