Understanding the legal principle: the “take‑the‑victim” rule

Tennessee follows the common law principle often called the “eggshell skull” or “take‑the‑victim” rule. Under this rule, a defendant who negligently causes an injury is liable for all resulting harm, even if the injured person had a pre-existing physical vulnerability that made the injury worse than it would have been for an average person. That means an accident that aggravates a pre-existing back condition can give rise to a full claim for the added harm caused by the accident.

What you must prove to recover for aggravation of a pre-existing back condition

1. Negligence or legal fault: You must show the defendant owed a duty, breached that duty (for example, by driving negligently), and that breach caused harm.
2. Causation of the aggravation: You must prove the accident was a legal cause of the worsening of your back condition. Tennessee courts look for both “but‑for” causation (but for the accident, the aggravation would not have occurred) and proximate causation (the aggravation was a reasonably foreseeable result of the accident).
3. Extent of damages caused by the accident: You must show how much worse your condition is because of the accident — not just that you had a prior problem. That requires medical evidence comparing your pre-accident baseline to your post-accident condition.

Proof is typically by a preponderance of the evidence (more likely than not).

Types of damages you can claim

If you successfully prove the accident aggravated your pre-existing back problem, the common categories of damages include:

• Past and future medical expenses related to the aggravation (doctor visits, imaging, physical therapy, surgery, medications)
• Past and future pain and suffering caused by the increased injury
• Lost wages and lost earning capacity if the aggravation reduced your ability to work
• Costs of future care or accommodations (home care, assistive devices, modifications)
• Loss of enjoyment of life and other non-economic losses tied to the worsened condition

Key evidence you need

Since you already had back issues, the heart of the case is proving the accident made the condition materially worse. Helpful evidence includes:

• Medical records from before and after the accident showing baseline symptoms and changes in diagnosis, treatment, or severity
• Imaging (X-rays, MRIs, CT scans) that documents new or worsened findings after the accident
• Expert medical testimony (orthopedist, neurosurgeon, physiatrist) tying the aggravation to the accident and explaining future care needs
• Records of treatment, prescriptions, therapy sessions, and medical bills demonstrating increased medical care after the incident
• Work records, pay stubs, and vocational opinions showing lost wages or reduced earning capacity
• Contemporaneous notes, witness statements, and photos of the accident or your condition

Common defenses and how they affect your claim

Defendants often respond to aggravation claims by arguing one or more of the following:

• No causation: The defendant may contend the accident did not materially worsen your condition. This is countered by medical evidence and expert opinion.
• Pre-existing condition was sole cause: The defendant may argue your ongoing problems are solely from the prior condition and not the accident. Detailed pre‑ and post‑accident medical records help defeat this defense.
• Comparative fault: Tennessee uses comparative fault rules that can reduce your recovery if you were partly at fault for the accident. The defendant can seek a percentage reduction based on your share of fault.

Documentation and timely expert opinions are key to addressing these defenses.

Timing: statute of limitations and prompt action

Personal injury claims must be filed within the time limits set by Tennessee law. Because time limits vary by claim type and circumstances, start investigating and preserve records promptly. For more information about Tennessee statutory deadlines, see the Tennessee Code resources at the Tennessee Secretary of State: Tennessee Code (official).

Practical steps to protect and strengthen your claim

1. Seek immediate medical attention after the accident and tell providers about your prior back condition and any new or worsened symptoms.
2. Obtain and preserve all medical records from before and after the accident. Ask providers for copies of imaging and reports.
3. Keep a symptom and treatment journal documenting pain levels, limitations, medications, and lost workdays.
4. Get an opinion from a treating doctor and, if needed, an independent specialist who can link the aggravation to the accident and estimate future care needs.
5. Save all bills, receipts, and proof of lost earnings or reduced income.
6. Consider consulting an attorney who handles Tennessee personal injury claims to evaluate damages, causation evidence, and deadlines.

When to consult an attorney

If your back condition worsened after an accident and you incurred more treatment, greater pain, or lost work, talk to a Tennessee personal injury lawyer soon. A lawyer can help gather medical proof, coordinate experts, calculate future damages, and explain how comparative fault rules may affect recovery.