Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice specific to your case, consult a licensed Nebraska attorney.
Detailed answer — Can you claim damages for a pre-existing back condition aggravated in an accident?
Short answer: Yes. Under Nebraska law you can generally recover damages for an accident that makes a pre-existing back condition worse. The person or insurer responsible for the accident is typically liable for the full extent of the harm caused by the accident, even if the injury would have been less severe but for the prior condition. However, your recovery may be reduced if you share fault for the accident or certain insurance or lien rules apply.
Legal principle
Civil courts in the United States, including Nebraska courts, apply the basic tort principle often summarized as “take the plaintiff as you find them” (sometimes called the eggshell-plaintiff rule). That principle means a defendant who negligently injures someone is responsible for all damages caused or aggravated by the injury, even if the plaintiff’s pre-existing condition made the injury worse than it would have been for a person without that condition.
Nebraska law also applies comparative-fault principles to reduce awards when the injured person bears some responsibility for the accident. That means the total damages you can prove may be reduced by your percentage of fault.
For state statutes and searchable text of Nebraska law, use the Nebraska Legislature site: https://nebraskalegislature.gov/.
What types of damages can you seek?
- Past and future medical expenses caused by the aggravation (hospital bills, surgery, injections, physical therapy, assistive devices).
- Pain and suffering for increased physical pain and loss of enjoyment of life due to the aggravated condition.
- Lost wages and lost earning capacity if your ability to work was impaired or reduced by the aggravated injury.
- Costs of future care and home modifications if the aggravated condition requires ongoing assistance or adaptations.
- Other out-of-pocket expenses tied to the aggravation (transportation to medical appointments, prescriptions).
How courts and insurers evaluate aggravation of pre-existing back conditions
- Medical evidence is central. You will need objective medical records showing your condition before the accident, documentation of the accident, and medical opinions tying the worsening to the accident (causation).
- Compare baseline and post-accident function. Records from doctors, physical therapists, MRIs, X-rays, and employment or disability records that show limitations before and after the crash help establish aggravation.
- Expert testimony. A treating physician or retained medical expert should be able to testify that the accident substantially aggravated the pre-existing condition and explain the need for additional care and projected future treatment.
- Timeline and consistency. Close temporal relationship between the accident and worsening symptoms strengthens your claim. Consistent complaints and treatment notes after the crash also help.
Common defenses the other side may raise
- That the symptoms are due to the pre-existing condition alone, not the accident.
- That the plaintiff failed to mitigate damages (didn’t follow medical advice or attend recommended treatment).
- Comparative fault: alleging the injured person’s own negligence contributed to the accident and should reduce recovery.
- Disputes about the reasonableness or necessity of proposed future care.
Practical evidence you should collect
- Pre-accident medical records related to your back (physician notes, imaging, prescriptions, physical therapy notes).
- Post-accident medical records showing new or worsening findings.
- Imaging reports (MRI, CT, X-ray) and comparison reports, if available.
- Employment and disability documentation showing changes in work ability.
- Accident reports, witness statements, photos of the scene and injuries.
- Diary or contemporaneous notes describing pain, limitations, and treatment progress.
Insurance, liens and coordination of benefits
If health insurers, Medicare, or Medicaid paid for care, they may have subrogation or reimbursement rights. If you obtain a settlement or verdict, those payers sometimes require repayment from the recovery. Be sure to ask an attorney how to handle liens and how settlement negotiations should address them.
Timing — statute of limitations and deadlines
Personal-injury claims must be filed within time limits set by statute. The exact deadline varies by claim type and circumstances. To find the current Nebraska statutes and limitations rules, search Nebraska law at: https://nebraskalegislature.gov/laws/. Missing the filing deadline can bar your recovery, so do not delay in getting legal advice.
How a Nebraska attorney typically handles these claims
- Collect medical and accident records and preserve evidence.
- Work with treating physicians or retained experts to establish causation and future care needs.
- Evaluate all available insurance policies and potential defendants.
- Negotiate with insurers or, if necessary, prepare to file suit and present proof at trial.
- Address medical lien and subrogation issues to maximize your net recovery.
Helpful Hints
- Immediately seek medical care after the accident and tell each provider about all pre-existing back problems and how symptoms changed after the accident.
- Keep copies of all medical records, bills, and photographs of injuries and accident scene.
- Document how the aggravated condition affects daily life (sleep, work, mobility, hobbies) — contemporaneous notes are persuasive.
- Do not sign insurance releases or accept the first settlement offer without knowing the full extent of future medical needs; early low offers often fail to cover long-term care.
- Ask whether any medical bills were paid by insurers (including Medicare/Medicaid) and whether they assert a right to repayment from any recovery.
- Consult a Nebraska personal-injury attorney before filing suit or settling so you understand deadlines, your likely recovery, and lien issues.
If you want, I can outline a checklist of documents to gather for a consultation with a Nebraska attorney or explain how comparative fault might affect an example settlement estimate.