I had back or neck problems before the accident. Can I still recover?

Yes. In Massachusetts, a pre-existing condition does not stop you from recovering. If the crash made your condition worse, the person who caused it is responsible for that added harm.

Why this matters

Insurance companies love pre-existing conditions. They will look through your old medical records and argue that your pain was already there, so the accident didn't cause anything. That argument is often wrong. The law takes people as they are. If you had a bad back that was manageable before the crash and unbearable after it, the difference is what you can be compensated for.

What helps your case

• A clear before and after. If you were working, exercising, or living normally before the crash, that matters. So does how quickly things changed after.
• Honest medical history. Tell your doctors about your old problems. Hiding them backfires when the insurer finds them, and they will.
• Your doctor's opinion. A treating doctor who explains that the crash aggravated your condition is powerful evidence.
• New findings. Imaging that shows something new, like a herniated disc or a tear, helps separate the crash injury from what was there before.

Common mistakes

• Telling the insurance adjuster you "always had back problems." Don't give the other side a recorded statement before talking to a lawyer. See what to know before talking to an insurance company.
• Waiting to see a doctor because you assume it's "just the old injury." See do I really need to see a doctor if I feel okay?
• Assuming you don't have a case. Aggravation cases are common and real.

This comes up often with shoulder and hip injuries, too. Read labral tear after a car accident: what affects the settlement?

Get a Free Consultation

Worried your old injury will hurt your claim? Call Attorney Daniel A. Pava at 413-781-8700 for an honest answer. More on our Springfield car accident lawyer page.

Phone: (413) 781-8700
Email: daniel@pavalaw.com
Office: 1380 Main St, Suite 301, Springfield, MA 01103