Detailed Answer — Can you claim damages if an accident aggravated a pre‑existing back condition?

Yes. Under Oregon law you can generally seek damages when an accident aggravates or accelerates a pre‑existing back condition. Oregon follows the principle that a defendant takes the injured person as he or she finds them — often called the “eggshell plaintiff” rule — which means a defendant who causes an injury is responsible for the full extent of the harm caused, even if the plaintiff was especially vulnerable because of a pre‑existing condition.

Practical application: If the accident materially worsened your back pain, decreased your function, or created a new need for medical care beyond the baseline pre‑accident condition, you can pursue compensation for the additional harm caused by the accident. Recoverable damages typically include past and future medical expenses related to the aggravation, past and future pain and suffering, lost wages or diminished earning capacity caused by the worsening, and other accident‑related losses.

What you must prove

• Causation: You must show the accident was a cause of the aggravation. Often this requires medical evidence that links the accident to the change in your condition.
• Extent of aggravation: Show how the back condition worsened compared with the pre‑accident baseline — more pain, new symptoms, increased treatment, loss of function.
• Damages: Provide proof of past medical bills, bills likely in the future, documentation of lost income, and credible testimony about pain and reduced quality of life.

Typical evidence that helps

• Medical records from before and after the accident (doctor notes, imaging reports, prescription history).
• Treatment plans and prognosis from treating physicians (including specialists such as orthopedists or pain management doctors).
• Expert medical testimony connecting the accident to the aggravation and estimating future needs and costs.
• Photographs, contemporaneous symptom diaries, witness statements, and employment records showing lost time or reduced capacity.

How pre‑existing conditions affect recovery

Being diagnosed with or treated for back problems before the crash does not bar recovery. However, the defendant will argue that some or all of your ongoing problems were caused by the prior condition rather than the accident. If the jury or judge finds some fault on your part (for example, if your conduct contributed to the crash), Oregon’s comparative fault system can reduce your recovery proportionally. For general information about Oregon court rules and civil claims, see the Oregon Judicial Department: https://www.courts.oregon.gov/. For access to the Oregon Revised Statutes, see: https://www.oregonlegislature.gov/bills_laws/ors/ors.htm.

When a claim may fail

• If you cannot show the accident materially contributed to the worsening.
• If medical records are inconsistent, sparse, or absent for the post‑accident worsening.
• If the factfinder determines the pre‑existing condition, and not the accident, was the sole cause of your present condition.

Statute of limitations and timing

Oregon imposes time limits to file personal injury claims. You should act promptly to preserve evidence, meet any notice requirements, and avoid missing filing deadlines. For the most current statutory deadlines, consult the Oregon Revised Statutes or an attorney. See: Oregon Revised Statutes.

Practical next steps

1. Get prompt medical care and follow the treatment plan. Document all visits and treatments.
2. Obtain and keep copies of medical records from before and after the accident.
3. Tell your treating providers about your full symptom history so they can connect changes to the accident.
4. Document lost wages, changes in daily function, and out‑of‑pocket costs.
5. Consult a personal injury attorney who handles aggravated pre‑existing condition claims to assess your case and to help gather expert medical opinion if needed.

Because each case depends on specific facts and medical proof, an attorney can evaluate causation, the likely settlement range, and whether litigation is appropriate.

Helpful Hints — Preparing a Strong Claim

• Keep a symptom diary that records dates, pain levels, limitations, and activities you can no longer do.
• Preserve pre‑accident medical records early — request them from every provider who treated your back.
• Ask treating doctors to explain in writing whether the accident aggravated your condition and what future care you likely need.
• Photograph any physical evidence (vehicle damage, scene conditions) and get witness contact information at the time of the accident.
• Notify your insurer promptly, but avoid giving recorded statements about your medical history without consulting an attorney.
• Get a written estimate for future medical costs and functional limitations from qualified medical experts.
• Be mindful of deadlines. Consult a lawyer quickly so you do not lose rights because of a missed statute of limitations.