Quick answer
Yes. Under Pennsylvania law you can seek compensation when an accident makes a pre-existing back condition worse. Courts apply the general rule that a defendant “takes the plaintiff as found,” so a pre-existing vulnerability does not bar recovery. However, you must prove that the accident caused or materially aggravated the condition and show the extent of your damages.
Detailed answer
Legal principle: Pennsylvania follows the common-law principle often called the “eggshell plaintiff” rule: a defendant is liable for the full extent of injury caused, even if the plaintiff had an unusual susceptibility or pre-existing condition that made the harm worse.
What you must prove:
- Causation: A reasonable medical basis linking the accident to the aggravation of your back condition. This usually requires medical records and testimony from physicians or other qualified medical experts.
- Injury and increased harm: Evidence that your symptoms, diagnoses, test results, treatment needs, or functional limitations worsened after the accident compared with your pre-accident baseline.
- Damages: Proof of specific losses resulting from the aggravation—medical bills, lost earnings, reduced earning capacity, and non-economic losses such as pain and suffering.
Types of damages you can seek:
- Past and future medical expenses (treatment, surgery, therapy, assistive devices).
- Past and future lost wages and lost earning capacity.
- Pain and suffering, mental anguish, loss of enjoyment of life.
- Costs for home care, rehabilitation, and any necessary home or vehicle modifications.
How courts evaluate aggravation of a pre-existing condition:
- Compare pre-accident and post-accident medical records and diagnostic imaging.
- Consider expert medical testimony about whether the accident was a substantial factor in causing the worsening.
- Look at treatment patterns, objective testing (MRI, X-rays), and contemporaneous complaints to health care providers.
Timing — statute of limitations: In Pennsylvania, most personal-injury claims must be filed within two years from the date of the injury. See 42 Pa.C.S. § 5524. Missing the limitations deadline can bar your claim, so act promptly.
Special situations:
- Workplace injuries: If the aggravation happened at work, workers’ compensation rules may affect or limit a tort action against your employer. You may still have a third-party claim (for example, against a negligent driver) even if workers’ comp covers the workplace injury.
- Comparative fault: If you were partly at fault for the accident, any award may be reduced to reflect your percentage of fault.
- Settlements: Insurance companies may try to downplay the aggravation and offer lower settlements based on the pre-existing condition. Proper documentation strengthens your negotiating position.
Evidence that helps your claim
- Pre-accident medical records documenting your baseline back condition (doctor notes, imaging, treatment history).
- Post-accident medical records showing new or worsened symptoms, new diagnoses, imaging, or change in treatment.
- Affidavits or testimony from treating doctors and, if needed, independent medical experts who can explain causation.
- Bills, receipts, and explanations of benefits for medical care and rehabilitation.
- Employment records showing time missed and lost earnings; expert evidence of future lost earning capacity if applicable.
- Photographs, witness statements, and contemporaneous notes or pain diaries that tie symptoms to the accident.
Practical steps to protect your claim
- Seek prompt medical care and follow recommended treatment. Failing to treat can be used to argue you didn’t really suffer or didn’t mitigate damages.
- Preserve pre‑accident medical records—ask prior providers for copies.
- Document symptoms and limitations in a pain journal and save bills and records.
- Notify your insurer and, when appropriate, consult a personal-injury attorney early, especially before signing any releases or settlement offers.
How an attorney can help
An attorney can evaluate the strength of causation evidence, arrange expert medical opinions, quantify future damages, and negotiate or litigate with insurers and defendants. If settlement talks begin, legal counsel can help you avoid low early offers that ignore future medical needs tied to the aggravation.
Disclaimer
This article provides general information about Pennsylvania law and common practices. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, contact a licensed Pennsylvania attorney.
Helpful Hints
- Do not assume a pre-existing condition prevents recovery—document changes and see a doctor.
- Act quickly: the two-year limit in 42 Pa.C.S. § 5524 often controls timing.
- Keep copies of all medical records and bills—both before and after the accident.
- Ask your treating doctor to explain in writing how the accident affected your back condition and future care needs.
- Be cautious about posting symptom details or photos on social media—insurance companies may use them in defense.