Detailed Answer

Yes. Under South Carolina law you can seek damages for a pre-existing back condition that an accident made worse. The law treats the injured person as they are—if a defendant’s negligent act aggravates, accelerates, or brings about symptoms of a prior condition, the defendant can be held responsible for the additional harm caused by the accident.

Legal basis (how courts view the issue)

Court decisions across the U.S., including in South Carolina, follow the principle often called the “eggshell plaintiff” rule: a defendant takes the plaintiff as they find them. That means a defendant is liable for the full extent of the injury caused by the accident even if the plaintiff was unusually susceptible to harm because of a prior condition. Recovery turns on causation: the plaintiff must show the accident materially aggravated the pre-existing condition.

What you must prove

• Negligence or fault: The other party acted negligently (or otherwise wrongfully) and that conduct caused the accident.
• Causation of aggravation: The accident materially worsened your pre-existing back condition. You don’t need to show the accident was the only cause—only that it was a substantial factor in aggravating the condition.
• Damages: You suffered measurable losses from the aggravation (medical bills, lost wages, ongoing care, pain and suffering, etc.).

Types of recoverable damages

If you prove the elements above, you can generally pursue:

• Past and future medical expenses related to the aggravated condition (hospital visits, MRIs, surgery, physical therapy).
• Lost wages and loss of earning capacity if the aggravation affects work.
• Pain and suffering, emotional distress, and loss of enjoyment of life tied to the worsening.
• Costs of assistive devices or home modifications if needed because of the aggravation.

How insurers and defense lawyers respond

Insurance companies often argue the accident did not cause the new symptoms or that the symptoms stem entirely from the prior condition. They may request prior medical records, surveillance, or an independent medical examination (IME). Prepared medical documentation and expert testimony help counter that defense by showing a change from the baseline condition that aligns temporally and medically with the accident.

Evidence that helps your claim

• Medical records from before and after the accident (showing baseline and subsequent changes).
• Diagnostic tests (MRIs, X-rays) showing new or worsened findings.
• Treating provider notes describing symptom escalation after the accident.
• Expert opinions (orthopedist, neurologist, pain management specialist) linking the aggravation to the accident.
• Documentation of lost income, receipts for expenses, and a journal of symptoms and limitations.

Timing and procedural notes

Mitigate harm: seek immediate medical attention after the accident and follow recommended treatment. Keep copies of every record and bill. South Carolina’s statutes of limitations determine how long you have to file a lawsuit, so preserve evidence and act promptly. You can find South Carolina’s statutes and code information at the South Carolina Legislature website: https://www.scstatehouse.gov/code/statmast.php.

Practical example (hypothetical)

Suppose you had ongoing lower-back arthritis that caused occasional pain but you could work and manage daily activities. After a car crash caused by another driver, your back pain became constant, imaging shows new disc herniation, and you need surgery and months of rehab. In that factual scenario, you could seek damages for the additional medical care, lost wages while recovering, and pain and suffering stemming from the aggravation even though the underlying arthritis pre-dated the crash.

When to consult an attorney

Talk with a personal injury attorney if:

• The insurer disputes causation or downplays your injuries.
• You have significant medical bills or lost income tied to the aggravation.
• Liability is contested or the likely recovery exceeds your policy limits.

An attorney can help gather medical evidence, retain experts, calculate future damages, and negotiate or litigate on your behalf.

Disclaimer: This article explains general legal principles and is for informational purposes only. It does not constitute legal advice. Consult a licensed South Carolina attorney about your specific situation.

Helpful Hints

• Get medical care immediately after the accident and follow your doctor’s plan. Prompt treatment strengthens causation evidence.
• Collect prior medical records before the accident so you can show the baseline condition.
• Keep a symptom diary: record pain levels, limits on activity, medications, and treatment dates.
• Save all bills, invoices, time-off notices, and wage statements tied to the aggravated condition.
• Do not give a recorded statement to an insurer without advice from counsel if liability or causation is in dispute.
• Expect the defense to ask for an independent medical exam (IME). Attend, be honest, and have your treating physician’s records available.
• Consider an early consultation with an attorney to understand deadlines and the evidence you need to preserve.
• Find South Carolina statutes and resources at the state legislature site: https://www.scstatehouse.gov/code/statmast.php