Can I recover for a pre-existing back condition that was aggravated by an accident?

Short answer: Yes — under Oklahoma law you can generally recover damages if someone else’s negligence materially aggravated a pre‑existing back condition. To succeed you must show the accident made your condition worse (causation), that the worsening led to compensable losses (damages), and that you took reasonable steps to limit those losses (mitigation). This article explains what to prove, what damages are available, common evidence, timing rules, and practical next steps.

Detailed answer — what Oklahoma law requires

1. Basic legal principle

Oklahoma allows recovery for injury that flows from another person’s negligence even if the plaintiff already had a pre‑existing condition. The key issue is whether the defendant’s conduct aggravated, accelerated, or materially worsened that condition. If the aggravation is caused by the defendant’s negligence, the defendant is liable for the additional harm that results.

2. Elements you must prove

• Duty and breach: The defendant owed you a duty of care and breached it (for example, by negligent driving).
• Causation of aggravation: You must prove the accident caused a measurable aggravation of your pre‑existing back problem. This is often framed as showing the accident was a substantial factor in making your condition worse.
• Damages: You must show real losses that flowed from the aggravation — medical bills, lost wages, future care needs, and pain and suffering.
• Mitigation: You must show you sought reasonable treatment and did not unreasonably fail to reduce your losses. Failure to mitigate can reduce recoverable damages.

3. Types of damages you can pursue

• Past and future medical expenses related to the aggravation (treatment, surgery, physical therapy, medications).
• Past and future lost wages or loss of earning capacity if your work was affected.
• Pain and suffering, loss of enjoyment of life, and other non‑economic losses tied to the increased symptoms.
• Costs for home care, assistive devices, or modifications if the aggravation created new needs.

4. Evidence that helps establish aggravation and damages

Because you must distinguish what was pre‑existing from what got worse, good documentation matters:

• Prior medical records describing your back condition before the accident (doctor notes, MRIs, x‑rays).
• Emergency and post‑accident medical records showing new or worsened symptoms, objective findings, and recommended treatment.
• Imaging or diagnostic tests that document new injuries or worsening (comparative MRIs, radiology reports).
• Expert medical testimony (orthopedist, neurologist, pain specialist) explaining how the accident aggravated the condition and the expected future care.
• Work records showing missed time or reduced capacity and statements from co‑workers or employers about changed duties.
• Photographs of the accident, witness statements, and records of conservative care (PT, pain management) to show your mitigation efforts.

5. How Oklahoma’s fault rules can affect your recovery

Oklahoma uses comparative fault principles, so if you were partially at fault for the accident or your own injury, your recovery will be reduced proportionally by your share of fault. Oklahoma also allows the defendant to argue that your condition was primarily the result of the natural progression of the pre‑existing disease rather than the accident; a successful argument of that type can limit or eliminate recovery.

6. Timing: statute of limitations

You must file a personal injury lawsuit within Oklahoma’s statutory time limit for injury claims. Oklahoma law generally requires actions for personal injuries to be started within two years after the cause of action accrues (see 12 O.S. § 95). For information on the statute as written by the state legislature, start here: Oklahoma Legislature. Because timing matters and exceptions can apply, consult an attorney promptly.

7. Common factual scenarios (hypothetical examples)

Example A: You had chronic low back pain for several years but still worked full time. A negligent driver struck you, and you required a new lumbar fusion. You can seek damages for the fusion and recovery time that resulted from the crash, even though you had prior back problems.

Example B: You had mild degenerative disc disease without radicular symptoms. After a fall caused by a store’s wet floor, you developed new leg weakness and needed surgery. The store’s negligence can be liable for the change from mild disease to disabling injury.

Helpful hints — practical tips to strengthen a claim

• Seek medical attention immediately and keep a clear treatment timeline. Early records linking the accident to new or worse symptoms are vital.
• Preserve old medical records and imaging that show the pre‑accident condition. Your attorney will compare pre‑ and post‑accident records.
• Photograph injuries, the accident scene, and any relevant equipment or road conditions.
• Write down your symptoms and how they changed after the accident — pain levels, limitations, and activities you can’t do now.
• Follow recommended medical treatment. Failing to treat can undermine your claim or reduce damages for failure to mitigate.
• Keep a record of work absences, reduced hours, or modified duties and get statements from your employer if your condition impacts employment.
• Talk to an attorney experienced in personal injury cases where pre‑existing conditions are an issue. Early case assessment helps preserve critical evidence and calculate damages.

When to speak with an attorney

Contact an attorney if the accident caused new or worsening back symptoms that require medical care, time off work, or limit daily activities. An attorney can evaluate whether your evidence supports a claim for aggravation, help gather medical and employment records, obtain expert opinions, and explain how comparative fault and mitigation issues may affect recovery.

Important: This article explains general principles under Oklahoma law but does not cover every exception or complex legal nuance. Laws and procedures change over time, and each case turns on its specific facts.