Detailed Answer
You can often recover damages in Montana for a pre-existing back condition that an accident aggravated. Montana law generally allows a person to recover for the full harm caused by another party’s negligence even if the injured person had a prior weakness or condition. Courts treat the injured person as they are — not as someone healthier — under the commonly applied “eggshell plaintiff” principle. That means a defendant who causes an accident takes the plaintiff as they find them and is responsible for all additional injury that the accident produces.
That basic principle does not mean recovery is automatic. To obtain damages you must still prove the usual elements of a negligence claim (duty, breach, causation, and damages) and show that the accident was a proximate cause of the aggravation of your back condition. In practice that requires good evidence linking the accident to the worsening of your symptoms.
Key legal points under Montana law
- Causation and aggravation: You must show the accident more likely than not caused the aggravation. Medical records, imaging, contemporaneous complaints (notes to medical providers), and expert testimony help establish that causal link.
- Eggshell-plaintiff principle: Montana law recognizes that defendants are liable for the full extent of harm that their negligence causes, even if the plaintiff’s pre-existing condition made the harm worse.
- Comparative fault: If the defendant argues you were partly at fault, Montana uses a comparative-fault approach. Your recoverable damages can be reduced in proportion to your share of fault. Keep documentation to counter any claim that your actions caused or contributed to the aggravated condition.
- Damages you can seek: You may recover past and future medical expenses, past and future pain and suffering, lost wages and lost earning capacity, and other out-of-pocket costs that flow from the aggravation.
- Mitigation of damages: You must reasonably try to reduce your damages (for example, seek timely medical care). If you fail to get treatment or otherwise make the condition worse through avoidable conduct, the defendant can argue a reduction in recovery.
What evidence is most important
Because your claim must connect the accident to the worsening of a pre-existing back problem, collect and preserve the following:
- All prior medical records that document the pre-existing condition and baseline symptoms.
- All medical records and test results after the accident showing new or worsened findings.
- Contemporaneous notes about pain or functional decline (emails, texts, daily logs, employer reports).
- Photographs, videos, or other evidence of the accident and of your condition.
- Work records showing lost time and job limitations after the accident.
- Expert reports from treating providers and, if needed, retained medical experts who can explain causation and prognosis.
How courts and insurers evaluate the claim
Insurers and courts try to apportion what portion of current disability results from the prior condition and what portion results from the accident. A strong medical narrative is essential: a treating physician who documents a clear change in symptoms, objective findings (e.g., imaging, decreased range of motion, neurologic signs), and an opinion that the accident materially aggravated the condition will support your claim.
Insurers may dispute causation or argue the condition would have worsened anyway. You can respond with prior records showing stability before the accident, sudden changes after the accident, or expert testimony ruling out progressive causes unrelated to the crash.
Practical steps to strengthen a claim
- Seek prompt medical attention after the accident and be consistent with treatment. Delays create causation issues.
- Tell each treating provider all relevant history, including prior back problems and how the accident changed your symptoms.
- Keep copies of all records and a timeline of symptoms and treatments.
- Preserve physical evidence and witness contact information.
- Get an expert medical opinion if your treating doctors cannot clearly link the accident to the aggravation.
For information about Montana statutes that govern civil actions, including negligence and related rules, see the Montana Code Annotated available from the Montana Legislature: https://leg.mt.gov/bills/mca/.
When to talk to an attorney
Consider consulting a lawyer if the aggravation caused significant medical costs, long-term disability, lost earnings, or if the insurer denies responsibility. A lawyer can help preserve evidence, obtain and present expert opinions, and negotiate or litigate for fair compensation. If you consult an attorney, bring all your medical records (before and after the accident), a list of providers, bills, pay stubs showing lost wages, and any correspondence with the insurer.
Important note on timing: Civil claims have time limits. Don’t wait to check the deadline that may apply to your case; consult the Montana statutes or a lawyer promptly. See the Montana Code Annotated: https://leg.mt.gov/bills/mca/.
Closing summary
Yes — you can usually claim damages for an aggravated pre-existing back condition in Montana, but success depends on proving the accident caused the aggravation and documenting the extent of additional harm. The eggshell-plaintiff principle favors recovery for the full aggravated injury, but comparative-fault issues, causation disputes, and mitigation failures can reduce or bar recovery. Strong, timely medical documentation and expert support are critical.
Disclaimer: This article provides general information about Montana law and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a qualified Montana attorney.
Helpful Hints
- Seek medical care immediately and follow up as recommended — treatment records are often the strongest evidence.
- Save all prior medical records that show your baseline condition before the accident.
- Document new or increased symptoms with a daily log and photos where helpful.
- Get written opinions from treating physicians that address causation (did the accident materially aggravate the condition?).
- Keep copies of bills, receipts, and proof of lost wages for damages calculations.
- If contacted by an insurer, consider consulting a lawyer before giving recorded statements.
- Act promptly to avoid missing procedural deadlines; check Montana’s statutes or speak with an attorney about the applicable time limits.