Detailed Answer — How Michigan law treats a pre-existing back condition made worse by an accident
Short answer: In Michigan you can seek damages for a pre-existing back condition that an accident aggravated. Michigan law generally requires a negligent party to pay for the full harm they cause, even if the injured person had a prior weakness or condition. However, you must prove that the accident materially worsened your back and caused additional medical bills, lost wages, pain, or other losses.
Legal principles that apply
- “Take‑the‑plaintiff‑as‑you‑find‑them” (eggshell skull) principle: A defendant is responsible for the additional injury caused by their negligence even if the plaintiff was unusually vulnerable because of a pre‑existing condition.
- Elements to recover: You must prove (1) the other party owed you a duty and breached it (negligence), (2) that breach caused an aggravation of your back condition (causation), and (3) you suffered damages (medical costs, lost earnings, pain and suffering, etc.).
- Auto accidents — Michigan No‑Fault rules: If the injury arose from a motor vehicle crash, Michigan’s No‑Fault Act governs first‑party benefits (medical/PIP benefits) and places limits on suing for noneconomic loss unless statutory thresholds are met. See MCL 500.3135 for the statutory limitations on tort claims against the at‑fault driver: MCL 500.3135. For the general No‑Fault Act start, see MCL 500.3101: MCL 500.3101.
- Timing — statute of limitations: A Michigan personal‑injury lawsuit must normally be filed within the state’s statute of limitations for bodily injury claims. See MCL 600.5805 for the applicable limitations provisions: MCL 600.5805. Missing the deadline can bar your case.
What you must prove in practice
Because the defendant will argue the symptoms stem from the old condition rather than the accident, the key issues are:
- Causation: Medical opinion connecting the accident to the aggravation. Treating doctors, imaging, and chronology of symptoms are critical.
- Incremental damages: Evidence showing how your care, symptoms, and limitations increased after the accident (additional MRIs, new treatments, surgeries, increased pain medication, physical therapy, need for home help, etc.).
- Reasonableness and necessity of treatment: Bills and records that demonstrate the treatment was reasonable and related to the aggravated condition.
Possible recoverable items
- Past and future medical expenses that are reasonably related to the aggravation.
- Lost income and diminished earning capacity caused by the worsening condition.
- Pain and suffering, emotional distress, and loss of enjoyment of life (subject to No‑Fault thresholds in auto cases).
- Costs of attendant care or assistive devices required due to the aggravation.
How defenses commonly play out
- Insurers and defendants often argue the symptoms are from the old condition, not the accident. Strong medical records and a treating physician’s opinion that the accident materially worsened the condition are the best response.
- In auto cases, the defendant may point to PIP benefits (first‑party coverage) and to the statutory threshold for suing for noneconomic loss; you must understand how PIP payments and third‑party claims interact.
- If you were partly at fault, Michigan’s comparative fault rules can reduce recovery in proportion to your fault.
Evidence that strengthens a claim
- Medical records that document your pre‑accident baseline and any change after the accident.
- Imaging reports (MRI, CT, X‑rays) showing new or worsened pathology.
- Contemporaneous complaints to medical providers or first responders.
- Treatment timelines showing escalation (new diagnoses, injections, surgeries).
- Work records or employer statements showing lost time or reduced duties tied to the aggravation.
When a lawyer can help
Consulting a Michigan personal‑injury attorney early can help preserve evidence, meet filing deadlines, evaluate PIP interactions, and obtain the right medical opinions. If your case involves complex issues — future care projections, contested causation, or serious impairment thresholds in automobile cases — legal assistance can be important.
Important disclaimer: This article is informational only and is not legal advice. I am not a lawyer. For advice specific to your situation, consult a licensed Michigan attorney.
Helpful Hints — Practical steps if your pre-existing back problem was aggravated
- Seek medical attention immediately and tell providers your full history so records show pre‑existing conditions and changes after the accident.
- Keep copies of all medical records, bills, imaging, prescriptions, and notes about symptoms and daily limitations.
- Take photos and keep a contemporaneous diary of pain, activities you can no longer do, and how symptoms change over time.
- Notify your car insurer and report the crash (if it was a vehicle accident) to protect PIP benefits and coverage rights.
- Do not give recorded statements or sign settlement releases without reviewing them with an attorney.
- Preserve evidence: names/contact info of witnesses, police or incident reports, and vehicle damage photos.
- Ask your treating physician to state in writing whether the accident materially worsened your back and what additional treatment the physician expects.
- Watch deadlines: confirm the applicable statute of limitations and act early to avoid losing legal rights. See MCL 600.5805 for limitations provisions: MCL 600.5805.
- Discuss potential liens (health insurance, Medicare, Medicaid) that may affect your net recovery and how your attorney will handle them.