Can I Claim Damages for a Pre‑Existing Back Condition Aggravated in an Accident?

Short answer: Yes — under Wyoming law you can usually recover damages for a pre‑existing back condition that an accident substantially aggravated. The key issues are causation (did the accident make the condition worse?), the amount of damages fairly attributable to the accident, and whether any reduction is appropriate because of your own fault. This article explains how those elements generally work, what evidence you will need, and practical next steps.

Detailed answer: how claims for aggravated pre‑existing conditions work in Wyoming

1. Legal principle — you do not lose recovery simply because you had a prior condition

Court systems generally recognize the principle often called the “eggshell plaintiff” rule: a defendant takes the plaintiff as he finds them. That means if a defendant’s negligent act (for example, a car crash or a slip and fall) aggravates, accelerates, or worsens a pre‑existing injury or condition (like a degenerative back problem), the defendant can be liable for the additional harm caused by the accident.

2. The plaintiff must still prove causation and damages

Two facts you must prove:

• Causation: The accident was a proximate cause of the worsening — in other words, the accident was a substantial factor in producing the additional injury or symptoms.
• Damages: The monetary amount of the injury caused by the accident (additional medical bills, lost earnings, increased pain and suffering).

Medical records, expert opinions, diagnostic imaging (MRIs, X‑rays), and testimony comparing your pre‑accident baseline to your post‑accident condition are the core evidence courts and insurers look for.

3. Apportioning damages — separating old from new

Because your back already had problems before the accident, the factfinder (adjuster, jury, or judge) must separate damages caused by the accident from damages attributable to the pre‑existing condition. You are entitled to recover the portion attributable to the aggravation. Examples of recoverable amounts include:

• Past and future medical treatment required because of the aggravation
• Lost income tied to the worsened condition
• Increased pain, suffering, and reduced quality of life resulting from the aggravation

4. Comparative fault and potential reductions to recovery

If you were partly at fault for the accident (for example, failing to yield or not wearing a seatbelt where that affects damages), Wyoming’s comparative fault principles may reduce your recovery in proportion to your percentage of fault. That reduction affects the total award for the aggravation caused by the defendant.

5. Duty to mitigate

You must take reasonable steps to avoid making your injury worse — see a doctor, follow recommended treatment, and avoid unnecessary risky behavior. If you unreasonably refuse treatment and your condition worsens, a defendant may argue your damages should be reduced.

6. Typical evidence to support an aggravation claim

• Pre‑accident medical records showing baseline back condition and symptoms
• Emergency room and follow‑up records after the accident
• Diagnostic tests (MRI, CT, X‑ray) showing new or worsened findings
• Physician or specialist opinions explicitly linking the accident to the aggravation
• Physical therapy notes and bills
• Photographs, incident reports, witness statements, and accident scene evidence
• Work records documenting lost time and wage loss before and after the accident

7. Examples (hypothetical)

Hypothetical A: You had mild lumbar degenerative changes documented two years before a car crash. After the crash you develop new radiating leg pain and need lumbar surgery. If medical experts conclude the crash materially accelerated the degenerative disease and caused the new symptoms, you can seek compensation for the surgery, past and future care, and pain and suffering attributable to the worsening.

Hypothetical B: You had chronic back pain but refused imaging or doctor visits after a fall. If the defendant proves the fall caused more severe injury but you failed to seek reasonable care and that failure increased your harm, a jury may reduce your recovery for failure to mitigate.

8. Practical limits and defenses

• Pre‑existing conditions make valuation harder. Expect insurers to argue the accident contributed little or nothing to your present problems.
• Timing matters. Prompt documentation of new or worsened symptoms after the accident strengthens your claim.
• Expert disputes are common. You will often need a treating physician and sometimes an independent medical expert to link the aggravation to the accident.

How to proceed — immediate and practical steps

1. Seek medical care right away. Ask your providers to document how your symptoms differ from prior records and whether the accident likely caused or worsened your condition.
2. Gather pre‑accident medical records. Obtain copies of any earlier MRIs, notes, and treatment history so insurers and experts can compare.
3. Preserve accident evidence. Take photos, get witness contact info, and keep any incident reports.
4. Track all costs and lost time. Maintain a simple log of medical appointments, medications, travel, and wages lost.
5. Consider timely legal advice. If the other side denies responsibility or minimizes the aggravation, an attorney can help obtain needed expert opinions and prepare a demand or complaint.

Helpful hints

• Document changes in symptoms immediately; contemporaneous notes carry weight.
• Ask your treating doctor to write a clear causation opinion: whether, within a reasonable degree of medical certainty, the accident aggravated the condition.
• Get copies of all imaging and reports — insurers and defense experts will request them.
• Keep a symptom diary (pain levels, activity limits) to support non‑economic damages claims.
• If you had prior injury-related disability or restrictions, be prepared for careful, sometimes hostile, examination of your baseline condition.
• Don’t sign releases or accept low settlement offers before you know the full extent of the aggravation; some conditions progress and future care can be costly.
• When in doubt, consult a personal injury attorney experienced with back‑injury cases to evaluate causation issues and potential damages.

Resources and where to learn more

To review Wyoming statutes and find procedural rules or deadlines relevant to your claim, see the Wyoming Legislature website: https://wyoleg.gov. For local court procedures, check the Wyoming Judicial Branch site for the county where the accident occurred.