FastCounsel

Short answer: Yes. Under Maryland law you generally can claim damages for a pre‑existing back condition that an accident aggravated. The defendant must still be shown to have caused the aggravation, but you do not have to prove they caused the original condition. Maryland applies the common‑law principle often called the “eggshell skull” rule: a defendant takes the plaintiff as found and is responsible for any additional injury caused by the defendant’s wrongful act.

How this works in practice

To recover for aggravation of a pre‑existing back condition, you still need to prove the elements of a negligence (or other tort) claim: duty, breach, causation, and damages. Key issues specific to aggravation claims are:

• Medical causation: You must show the accident caused or materially contributed to the worsening of your back. Treating physicians or other medical experts typically connect the event to the change in your condition.
• Extent of aggravation: You must prove what part of your disability, pain, or lost earning capacity resulted from the aggravation rather than the original condition. That can involve testimony, medical records, imaging, functional assessments, and pain scales.
• Timing and symptoms: Contemporaneous complaints, emergency room notes, and follow‑up visits that document new or increased symptoms shortly after the accident are strong evidence of aggravation.
• Comparative legal hurdle in Maryland: Maryland’s courts apply traditional common‑law rules on contributory negligence. If a factfinder finds you were contributorily negligent on a claim that would bar recovery, you can be prevented from recovering at all. Because of this, careful evidence and legal strategy matter early in the case.

Types of damages you can seek

If you prove the aggravation was caused by the defendant, you may recover compensatory damages that relate to that aggravation, including:

• Past and future medical expenses caused by the aggravation (treatment, surgery, physical therapy, assistive devices).
• Past and future pain and suffering and loss of enjoyment of life caused by the worsened condition.
• Lost wages and loss of future earning capacity attributable to the aggravation.
• Costs of ongoing care or home assistance made necessary or more extensive by the aggravation.

Evidence that helps prove an aggravation claim

Typical strong proof includes:

• Pre‑accident medical records describing your baseline back condition and function.
• Emergency and post‑accident medical records showing new or worse symptoms and any diagnostic imaging (MRI, X‑ray) obtained after the crash.
• Treatment notes and progress records showing a change in course, increased treatment, or new surgery recommendation after the accident.
• Expert medical testimony (treating doctors or independent experts) that links the accident to the aggravation and explains the additional damages attributable to it.
• Employment records showing lost time, reduced duties, or a damaged earning capacity that began after the accident.

Practical considerations and potential defenses

• Defendant arguments: The defendant may argue the worsening was the natural progression of the underlying disease, not caused by the accident. They may also challenge medical causation or the scope of claimed damages.
• Pre‑existing conditions are not a bar: Having a pre‑existing back problem does not automatically prevent recovery. The key is proof the accident materially worsened that problem.
• Insurance and liens: Health insurers, workers’ compensation carriers, or government payers (Medicare/Medicaid) may assert subrogation or lien claims against your recovery. Track medical billing and ask about potential liens early.
• Settlement valuation: Claims involving pre‑existing conditions often require more documentation and expert support, which affects settlement negotiations and valuation.

Resources and official Maryland court information

For general information about Maryland courts, case law, and procedures, the Maryland Judiciary maintains an official site: https://www.mdcourts.gov/. You can search Maryland appellate opinions and jury instruction resources on that site for cases discussing causation, damages, and contributory negligence.

Final practical step: Because aggravation claims hinge on medical causation and detailed evidence, early medical documentation and prompt consultation with an attorney experienced in Maryland personal injury law will strengthen your position.

Disclaimer: This article explains general Maryland legal principles for educational purposes only. It is not legal advice, does not create an attorney‑client relationship, and does not replace consultation with a qualified Maryland attorney about your specific situation.