What If Your Pre-Existing Back Condition Was Made Worse by a Crash?
Back problems are felt by many long before they’re involved in a car accident. Conditions such as herniated discs, degenerative disc disease, spinal arthritis, and old injuries can cause ongoing discomfort that is often manageable with treatment and lifestyle adjustments. But what happens when a car crash turns a manageable condition into a serious medical problem?
A common misconception is that having a pre-existing back condition automatically prevents someone from pursuing compensation after an accident. In reality, Florida law recognizes that an accident can worsen an existing injury. Talk to an experienced Port St. Lucie Personal Injury Lawyer to learn about seeking compensation for the harm caused by that aggravation.
Understanding Aggravation Injuries
An aggravation injury occurs when an accident makes a pre-existing medical condition worse. The key issue is not whether the condition existed before the crash, but whether the collision caused additional pain, limitations, treatment needs, or other damages.
So, if a person experienced occasional lower back discomfort before a collision but after a rear-end accident they suffered from increased pain, support may be available. Because in that situation, the accident may have aggravated the pre-existing condition.
Insurance companies often look closely at claims involving prior injuries. They may argue that the victim’s symptoms existed before the crash or that the accident did not significantly contribute to the current condition. Medical records, diagnostic imaging, physician evaluations, and testimony from treating providers typically play an important role in distinguishing between a prior condition and accident-related worsening.
Common Examples of Aggravated Back Conditions
Some back issues that may be worsened by a motor vehicle collision include:
- Herniated or bulging discs
- Degenerative disc disease
- Spinal stenosis
- Prior back injuries
- Arthritis affecting the spine
- Chronic lower back pain
Even relatively low-speed collisions can trigger significant flare-ups or accelerate existing spinal problems.
Florida follows a legal principle referred to as the eggshell plaintiff rule. In general, negligent parties can be held responsible for the injuries they cause, even if the victim was more susceptible to harm because of a pre-existing condition.
This means that if a crash worsens an existing back problem, the at-fault party may still be responsible for the damages associated with that aggravation. The focus is on the additional harm caused by the accident, not the fact that the condition existed beforehand.
Because these cases can become medically and legally complex, documenting symptoms and obtaining prompt medical treatment is critical. Detailed records establish how the victim’s condition changed after the collision.
If a crash has made an existing back condition significantly worse, you should not assume that you have no legal options. Connect with a Port St. Lucie Personal Injury Lawyer. The law recognizes that aggravation injuries are real, and victims may have the right to pursue compensation for the additional harm they have suffered.
How long have you been struggling with back pain? Understanding your rights after a collision can be challenging when insurance companies begin questioning prior medical history. Share the details of your Port St. Lucie, Fort Pierce, Stuart, or Vero Beach injury with the attorneys at Leifer & Ramirez. Reach out for a free case review. Call 561-660-9421 today.
