Personal injury cases are cases in which an individual suffers harm due to the negligent or intentional actions of another person, entity, or organization. These cases usually involve physical or psychological damages or both, and they can arise in many different contexts.

You can hire a Massachusetts personal injury lawyer in cases of:

  • Car accidents
  • Slip and fall accidents
  • Dog bites
  • Defective products
  • Medical malpractice
  • Wrongful death

How to File a Personal Injury Case?

The first step in a personal injury case is to prove that the defendant’s negligent or intentional actions caused injury to the plaintiff. You can hire a Boston personal injury attorney to represent your case and prove that you deserve compensation for your injuries.

  • Collect Evidence

In a personal injury case, the plaintiff must show that the defendant breached a legal duty, resulting in injury to the plaintiff. For example, a car accident case could involve a driver’s carelessness in failing to stop at a stop sign, resulting in an injury to another driver. 

In order to prove causation, the plaintiff must present evidence such as pictures of the scene, medical records, eyewitness testimony, and expert opinions.

  • Establish Damages

Once the plaintiff has established that the defendant was negligent or intentionally caused injury, he or she must then establish damages. Damages may include medical bills, lost wages, and pain and suffering. The plaintiff’s attorney can help to calculate the amount of damages.

  • File a Complaint

The next step in a personal injury case is to file a complaint with the court. This complaint must include the facts of the case, the legal theories on which the plaintiff is relying, and a request for relief. 

The court will then proceed with the case. This may involve hearings, motions, and discovery. Discovery is the legal process in which each side requests documents, records, and other information relevant to the case.

What Counts as a Pre-Existing Injury in a Personal Injury Case?

A pre-existing injury plays an important role in a personal injury case, as it can have a significant impact on the damages to which an injured party is entitled. 

While some injuries are clear-cut and only occurred due to an incident, in other cases, a pre-existing condition can complicate matters and make it more difficult to determine liability. 

You can consult your Massachusetts personal injury lawyer to find out  more.

A pre-existing injury is an injury or condition that existed prior to the incident or event that caused the personal injury. 

Pre-existing injuries can range from medical conditions such as a broken bone to medical conditions such as diabetes or heart disease, or any other condition that could be aggravated or exacerbated by the incident. 

To establish a pre-existing injury, the injured party must provide evidence of the injury prior to the incident. This can be difficult in some cases, as medical records may not be available for the period of time prior to the accident.

When considering a personal injury case, the court will typically look at several factors to determine whether an injury is pre-existing. These factors include the amount of time between the injury and the incident; the severity of the injury prior to the incident; and whether the preexisting injury was aggravated by the incident.

The court will also look at any other relevant facts in order to determine the extent to which a pre-existing injury was aggravated or exacerbated by the incident. 

For example, if a victim suffered a broken ankle prior to the incident and the incident caused the broken ankle to worsen, the court may look at whether the victim had been behaving in a manner that increased their likelihood of receiving the injury.

Apart from that, the court will consider the degree to which the pre-existing injury has prevented or limited the victim’s ability to engage in activities or conduct that they were able to engage in prior to the incident. 


In summary, pre-existing injuries are an important factor in a personal injury case. A pre-existing injury can complicate matters and make it more difficult to determine liability in some cases. 

If you have pre-existing injuries, talk to your Boston personal injury attorney to help ensure your  case is handled in the right way.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.

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About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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