Short answer: In Texas you can typically recover damages for a back condition that existed before an accident if the accident materially aggravated that condition. The key is proving the accident was a proximate cause of the worsening and showing the additional harm with medical and other evidence.

How Texas law treats pre‑existing conditions and aggravation

Texas law allows recovery for harms that a negligent party causes even when the injured person had a pre‑existing vulnerability. Courts generally apply the doctrine that a defendant takes the plaintiff as found (sometimes called the “eggshell plaintiff” concept): if the defendant’s negligence proximately causes an aggravation of a prior condition, the defendant is responsible for the additional harm.

Two legal principles you should know:

• Proximate cause: You must show the accident was a proximate (legal) cause of the aggravation, not merely that the condition existed before. Proximate cause links the negligent act to the injury and the damages claimed.
• Comparative responsibility: Texas uses comparative responsibility rules. If the plaintiff’s own negligence contributed to the injury, the court reduces recovery according to assigned percentages. See Texas’s proportional responsibility rules at the Civil Practice & Remedies Code, Chapter 33: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm.

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

1. Duty and breach: The defendant owed a duty of care and breached it (for example, careless driving causing a car crash).
2. Accident and aggravation: The accident occurred and the evidence shows it aggravated the pre‑existing back condition.
3. Causation: The aggravation was proximately caused by the defendant’s conduct. Medical testimony is usually required to connect the accident to the worsened condition.
4. Damages: You suffered measurable damages because of the aggravation (medical bills, pain and suffering, lost income, future care needs, etc.).

Evidence that courts and insurers commonly expect:

• Pre‑accident medical records documenting baseline symptoms, prior treatments, imaging, and limitations.
• Contemporaneous post‑accident records showing new or worsened symptoms, treatment notes, tests (MRI, X‑ray), and recommended care.
• Treating physician opinions linking the accident to the aggravation (causation), preferably in writing.
• Expert testimony if the causation or extent of future care is complex.
• Evidence of lost wages, changes in daily functioning, and other non‑medical impacts.

Types of damages you can seek

If you establish causation, possible recoverable damages include:

• Past and future medical expenses attributable to the aggravation (hospital care, surgery, physical therapy, medications, durable medical equipment).
• Pain and suffering and mental anguish from the worsened condition.
• Lost wages and lost earning capacity if the aggravation affected your ability to work.
• Loss of enjoyment of life or impairment of bodily function.

Note: some types of claims (for example, medical‑malpractice suits or claims against governmental entities) have special rules or statutory caps. For medical‑liability specifics see Texas’s medical liability provisions: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm, and for general damages statutes see Chapter 41: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm.

Timing: statute of limitations and early steps

Most personal‑injury lawsuits in Texas must start within two years of the date of the injury or discovery of injury. See the Texas Civil Practice & Remedies Code, Chapter 16: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm. Missing the deadline can bar your claim, so act promptly.

Practical hypothetical (how a claim might look)

Hypothetical facts:

• Person A had chronic low‑back pain from a workplace injury five years earlier but managed with occasional physical therapy and no surgery.
• Person B rear‑ended Person A. After the crash, Person A’s pain increased sharply, required a new MRI showing worsened disc herniation, and eventually needed surgery.

How a claim is built:

1. Collect pre‑crash medical records to show baseline and prior limitations.
2. Collect post‑crash records and imaging documenting the change and new treatment recommendations.
3. Obtain treating physician statements linking the worsening and the need for surgery to the crash.
4. Calculate past medical bills and lost income and get expert estimates for future care and lost earning capacity if applicable.
5. Negotiate or sue for the difference—the additional damages caused by the crash beyond the pre‑existing baseline.

Helpful hints

• Seek prompt medical care after any accident and follow treatment recommendations—early documentation strengthens your claim.
• Gather all pre‑accident medical records to establish your baseline condition.
• Keep detailed records of symptoms, medications, appointments, and how the aggravation changed your daily life.
• Ask treating doctors to explain (preferably in writing) how the accident contributed to the worsening.
• Preserve evidence (photos, witness names, vehicle damage reports) and keep insurer communications.
• Be aware of deadlines. The two‑year statute in Texas is strict unless an exception applies.
• Consider consulting a Texas personal‑injury attorney early—especially if the injury is serious or the insurer disputes causation.

When to talk to an attorney

Talk to a licensed Texas attorney if your back pain clearly worsened after an accident, if recommended care is expensive or invasive, or if the insurer denies responsibility. An attorney can help gather medical proof of causation, calculate future needs, and negotiate or litigate to recover appropriate damages.