Short answer
Yes—under Rhode Island law you can often recover damages when an accident makes a pre-existing back condition worse. The person or party who caused the accident is generally responsible for the full harm that results, even if the injured person was already vulnerable because of a prior condition. Recovering full compensation requires evidence tying the aggravation to the accident and proof of the resulting losses.
Detailed Answer — how recovery works in Rhode Island
Rhode Island courts follow the common-law principle that a defendant takes a plaintiff as they find them. That means a defendant who negligently causes an accident is liable for the full extent of the injury they cause, including any worsening of a pre-existing condition (sometimes called the “eggshell plaintiff” rule). To recover damages for aggravation of a pre-existing back condition you (or your attorney) must prove the usual elements of a personal-injury claim:
- Duty and breach: The defendant owed you a legal duty of care and violated it (for example, by unsafe driving, property hazards, or negligent medical care).
- Causation: The accident was a cause of the worsening of your back condition. Rhode Island requires proof that the accident was a substantial contributing factor to the aggravation.
- Damages: You suffered measurable harm from the aggravation—medical bills, pain and suffering, lost earnings, or future care needs.
Key practical points about proof and damages:
- Medical records matter: Before-and-after medical records, imaging (MRIs, X-rays), treating-provider notes, and records of prior care help show the baseline condition and the change after the accident.
- Expert opinion: A treating physician or medical expert should be able to explain how the accident aggravated the condition and whether the aggravation is likely to cause future medical needs or disability.
- Document pain, function, and expenses: Keep records of pain levels, physical limitations, lost work, prescriptions, therapy, and medical bills. These feed into calculations for past and future economic and non-economic damages.
- No need to prove the defendant caused the original condition: The defendant is responsible for the additional harm even if the back problem predated the accident.
Types of damages you can seek
- Past and future medical expenses related to the aggravation.
- Pain and suffering caused by the worsening of the condition.
- Lost wages and reduced earning capacity if the aggravation affects your ability to work.
- Costs of future care, rehabilitation, assistive devices, or home modifications if medically necessary.
Practical rules and deadlines
Timing is important. In Rhode Island, most personal-injury claims must be filed within three years from the date of the injury. If you delay past the deadline you may lose the right to bring a lawsuit. See Rhode Island’s statute of limitations for personal injury claims: R.I. Gen. Laws § 9-1-14.
Insurance claims and settlements
When you make an insurance claim, the insurer will evaluate whether the accident caused the increased symptoms and whether the medical care was necessary. Insurers sometimes argue that new symptoms are due to the pre-existing condition rather than the accident. To protect your claim:
- Seek prompt medical care and follow your doctor’s plan.
- Keep precise records of treatment, medications, and how the condition affects daily life.
- Be cautious about giving recorded statements or signing broad releases before you understand the full extent of your injuries and future needs.
Helpful Hints
- Get medical treatment immediately after the accident and follow up regularly. Gaps in care make it harder to prove aggravation.
- Collect any prior medical records for your back so you can show the baseline condition and compare it to the post-accident status.
- Take photos of visible injuries, keep a symptom diary (pain levels, limitations, missed work), and keep receipts for out-of-pocket expenses.
- Ask your treating physician to write clear notes or a letter explaining how the accident changed your back condition and what treatment is required going forward.
- Consider consulting a personal-injury attorney early—especially if injuries are serious, if liability is disputed, or if the insurer denies coverage.
- Be mindful of deadlines: preserve evidence and file within the statute of limitations (see R.I. Gen. Laws § 9-1-14).
When to talk to a lawyer
If the aggravation led to significant medical bills, long-term therapy, surgery, lost income, or ongoing disability, a lawyer can help evaluate liability, quantify damages, obtain expert medical opinions, negotiate with insurers, and, if needed, file suit. An attorney can also advise whether settlement offers fairly compensate for future medical needs tied to the aggravation.
Disclaimer: This information is educational only. It does not constitute legal advice and does not create an attorney-client relationship. For advice about your particular situation, consult a licensed attorney in Rhode Island.