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Detailed Answer

Short answer: Yes — under New York law you can generally recover damages for a pre-existing back condition that an accident aggravated, so long as you can prove the defendant’s conduct caused or substantially contributed to the worsening.

How the law treats pre-existing conditions

New York follows the general tort principle that a defendant must “take the plaintiff as they are.” If a defendant’s negligence or wrongdoing materially worsens a pre-existing condition, the defendant can be held responsible for the additional injury, additional medical costs, and additional pain and suffering caused by that aggravation.

What you must prove

• Negligence or liability: You must show the defendant owed a duty, breached it, and that breach caused harm (for example, a driver ran a red light and hit you).
• Causation of aggravation: You must prove the accident materially worsened your back condition. This usually requires medical evidence showing a change in condition after the accident and a medical opinion linking the aggravation to the accident.
• Damages: You must show the additional damages caused by the aggravation — e.g., extra medical bills, increased pain, lost earnings, future care costs, reduced function or need for surgery.
• Burden of proof: The plaintiff must show causation and damages by a preponderance of the evidence (more likely than not).

Typical evidence that helps

• Medical records from before and after the accident showing baseline condition and subsequent worsening.
• Diagnostic tests (MRI, X-rays) showing new or worsened pathology after the accident.
• Contemporaneous notes: ER records, physical therapy notes, doctors’ progress notes describing new symptoms or escalation.
• Expert medical testimony (orthopedist, neurosurgeon, physiatrist) explaining how the accident aggravated the condition and the reasonable medical prognosis.
• Evidence of increased treatment costs, lost wages, or changes in daily activities tied to the aggravation.

Common defenses and how they affect recovery

• Pre-existing condition was sole cause: The defendant may argue the plaintiff’s condition would have worsened anyway. Strong medical proof tying the aggravation to the accident counters this defense.
• Failure to mitigate: Defendants sometimes argue the plaintiff failed to get timely treatment or follow medical advice. Keep appointments and follow doctors’ recommendations.
• Comparative fault: If you were partly at fault, New York reduces recovery by your share of fault. Your total recoverable damages reflect only the portion caused by the defendant.

Types of recoverable damages for aggravation

• Past and future medical expenses related to the aggravated condition.
• Pain and suffering caused by the increased injury.
• Lost income and diminished ability to earn if the aggravation affects work.
• Costs of future care, assistive devices, and rehabilitation tied to the worsening.

Timing: be mindful of the statute of limitations

In New York, most personal injury claims must be started within three years of the accident. That deadline is important — missing it usually prevents you from bringing a lawsuit. For details, consult the Civil Practice Law & Rules; see CPLR § 214 on time limits for personal injury actions: https://www.nysenate.gov/legislation/laws/CVP/214.

Hypothetical example

Jane had chronic low-back pain controlled with occasional physical therapy and medication. After a rear-end collision, her pain intensified, an MRI showed a new herniated disc, and she required spinal injections and more extensive rehab. Because the accident materially worsened Jane’s back and increased her medical care, she can seek compensation for the additional treatment costs, increased pain and suffering, and lost wages caused by the aggravation.

When to contact an attorney

Talk to a New York personal injury lawyer if the accident coincided with a meaningful worsening of your back, if you face costly treatment or lost income, or if an insurance company downplays or denies your claim. An attorney can evaluate causation, preserve evidence, and advise about timing and damages.

Helpful Hints

• Get medical care right away and follow your provider’s treatment plan. Immediate documentation strengthens your claim.
• Collect prior medical records that show your baseline condition before the accident.
• Keep a pain and activity diary describing how your symptoms changed after the accident.
• Save all medical bills, receipts, employer notes showing missed time, and correspondence with insurers.
• Avoid detailed recorded statements to insurers without consulting an attorney first.
• Ask your treating doctor to explain in writing (or by expert report) how the accident aggravated your condition and why particular treatments are needed.
• Consult a New York personal injury lawyer early — they can preserve evidence, calculate future damages, and advise on settlement vs. lawsuit.
• Watch the clock: file suit within applicable deadlines (see CPLR § 214 for personal injury timing: https://www.nysenate.gov/legislation/laws/CVP/214).