Quick answer
Yes. Under Washington law you can seek compensation when an accident aggravates a pre-existing back condition. The person (or insurer) whose negligence caused the aggravation can be held responsible for the additional harm the accident produced, even if the back problem existed beforehand. Recoverable items may include past and future medical care, lost wages, loss of earning capacity, and pain and suffering to the extent caused by the accident.
Detailed answer — how Washington law treats pre-existing conditions
Washington applies the principle that a defendant takes the injured person “as found.” That means a defendant is liable for the full extent of harm that their negligence causes, even if a plaintiff had a vulnerable condition before the accident. To recover, you must prove the usual elements of a personal injury claim by a preponderance of the evidence: duty, breach, causation, and damages.
Key legal points under Washington law:
- Causation and aggravation: You must show the accident substantially contributed to the worsening of your back condition. Medical records and medical opinion that connect the event to the increased symptoms or disability are crucial.
- “Take‑as‑you‑find‑them” rule: Washington law allows recovery for aggravated injuries even if the defendant’s conduct had little effect on an otherwise fragile condition. The legal idea is that a defendant cannot escape liability simply because the victim had a pre-existing vulnerability.
- Comparative responsibility: Washington follows comparative negligence rules. If the injured person bears some fault for the accident, a judge or jury will reduce recovery by that percentage. For statutory text on comparative responsibility, see RCW 4.22.005: https://app.leg.wa.gov/rcw/default.aspx?cite=4.22.005.
- Statute of limitations: For most personal injury claims the deadline to file suit in Washington is three years from the injury under RCW 4.16.080. Missing this deadline typically bars a lawsuit, so act promptly. See: https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.080.
- Workers’ compensation exceptions: If the aggravation occurred at work, workers’ compensation rules (Title 51 RCW) may control benefits and limit the ability to sue the employer in tort. Review Title 51 if a workplace injury is involved: https://app.leg.wa.gov/rcw/default.aspx?title=51.
What you must prove in practice
1) The accident happened because of someone else’s negligence (for example, a driver ran a red light). 2) The accident caused a measurable worsening of your back condition. 3) The worsening led to quantifiable damages (medical bills, lost income, pain and suffering, etc.).
Proving aggravation usually requires:
- Pre-accident medical records documenting baseline symptoms or diagnosis.
- Post-accident medical records showing new or worsened symptoms, treatment, or findings (e.g., imaging, clinical notes).
- A medical opinion that links the accident to the increased symptoms or deterioration. This opinion should explain how the event materially worsened your condition.
How damages are handled
If you prove the accident aggravated your back, the defendant may be required to pay:
- Past and future medical expenses specifically tied to the aggravation;
- Lost wages and reduced earning capacity caused by the aggravated condition;
- Pain, suffering, and loss of enjoyment of life proportionate to the harm caused by the accident (subject to comparative fault reduction).
When pre-existing degeneration or disease is part of the picture, factfinders (a judge or jury) often determine what portion of your condition is attributable to the pre-existing problem and what portion results from the accident. The defendant pays for the portion caused by the accident.
Practical steps to strengthen a claim
- Seek prompt medical attention and follow all recommended treatment. Missing treatment can weaken your claim that the accident worsened your condition.
- Preserve all pre- and post-accident medical records, imaging, and bills. Get copies of any prior records that show the pre-existing baseline.
- Document symptoms, limitations, and how your daily life changed after the accident (diary entries, photographs, witness statements).
- Notify your insurer and keep records of communications. Be cautious before signing releases or accepting quick settlement offers; early offers often undervalue claims involving pre-existing conditions.
- Obtain a medical opinion that clearly explains how the accident aggravated your back condition and what future care or limitations you may face.
When to consider legal help
If your injury led to significant medical expenses, ongoing treatment, lost income, or a dispute over causation, it is reasonable to consult a personal injury attorney to evaluate your case and help with evidence gathering, negotiation, and (if necessary) litigation. If the injury arose at work, check whether workers’ compensation applies before pursuing a tort claim.
Helpful Hints
- Start collecting records right away — the earlier you build the paper trail, the better.
- Keep a symptom and activity diary after the accident to document changes over time.
- Inform each treating clinician about your full medical history and prior back problems so the record is complete.
- Ask for copies of all imaging and reports; they help establish objective changes from the baseline.
- Don’t accept the first settlement offer without comparing it to documented past and future losses.
- If your case involves a workplace injury, review Washington’s workers’ compensation rules (Title 51 RCW) to understand exclusive remedy and benefit options: https://app.leg.wa.gov/rcw/default.aspx?title=51.