FastCounsel

Short answer: Yes. Under Connecticut law you can generally recover damages for a pre-existing back condition that an accident aggravated, provided you can prove the accident caused a worsening of that condition and that the worsening caused compensable losses.

Detailed answer — how Connecticut law treats aggravation of pre-existing conditions

Connecticut follows the long-standing tort principle often called the “eggshell plaintiff” rule: a defendant is responsible for the full extent of a plaintiff’s harm even when the plaintiff had a fragile or pre-existing condition that made the injury worse. In practice, that means if an accident materially aggravated your prior back problem, you can seek compensation for the additional injury and resulting losses caused by the accident.

To recover, you must prove the usual elements of a negligence (or other tort) claim: (1) the defendant owed you a duty; (2) the defendant breached that duty; (3) the breach caused your injury; and (4) you suffered damages. Where a pre-existing condition is involved, the critical issue is causation: showing the accident more likely than not aggravated your back condition and that the aggravation produced the claimed damages.

Key proof points

• Medical evidence of change: Records and testimony that show your condition before the accident and measurable worsening afterward. This includes prior medical records, imaging (X-ray, MRI), and post-accident reports.
• Expert medical opinion: A treating physician or independent medical expert who can state, to a reasonable degree of medical certainty, that the accident materially aggravated your pre-existing back condition.
• Temporal connection: Close timing between the accident and the onset or worsening of symptoms supports causation.
• Objective findings: Imaging, physical findings, and documented treatment (e.g., injections, surgery, physical therapy) strengthen your claim.
• Evidence of damages: Past and future medical bills, lost wages, diminished earning capacity, and damages for pain and suffering tied to the aggravation.

Recoverable damages for an aggravated pre-existing back condition

If you prove causation, you can seek compensation for:

• Past and future medical expenses reasonably related to the aggravation;
• Past and future lost earnings and loss of earning capacity;
• Physical pain, emotional suffering, and loss of enjoyment of life attributable to the aggravation;
• Costs for assistive devices, home care, or rehabilitation linked to the aggravation.

Common defenses and practical hurdles

• Pre-existing condition was sole cause: A defendant may argue the pre-existing condition, not the accident, explains the current problems.
• Lack of objective proof: If you have little documentation of a change after the accident, courts may be skeptical.
• Failure to mitigate: If you unreasonably refuse treatment and your condition worsens, recovery may be reduced.

Statute of limitations

Don’t delay. Connecticut limits the time to file many personal-injury and negligence claims. For typical negligence/personal-injury actions the statute of limitations is two years. See Connecticut General Statutes § 52-577 for the governing rule: Conn. Gen. Stat. § 52-577. Missing the deadline can bar your claim even if liability is clear.

Settlement vs. trial

Insurance companies often try to settle early. If you accept a quick, low offer before your full medical picture develops, you may give up compensation for future harm caused by aggravation. Before settling, get follow-up medical care and an evaluation of likely future needs. Consider discussing any offer with an attorney to evaluate whether it fairly covers the aggravation and its consequences.

Helpful Hints

• Seek medical care immediately and follow treatment recommendations. Early treatment creates a clear record linking the accident to your symptoms.
• Preserve pre-accident medical records. Baseline documentation of your prior back condition is essential to show aggravation.
• Ask your treating doctor to state in writing whether the accident aggravated your condition and whether future treatment will be needed because of the aggravation.
• Keep copies of all bills, receipts, time missed from work, and a pain diary that documents changes over time.
• Take photos of the accident scene, your injuries, and any relevant conditions that changed after the accident.
• Avoid giving recorded statements to insurers or signing releases without legal review. Early statements or settlements can limit your recovery.
• Talk to an attorney experienced in personal-injury claims early—especially if your back problems are complex or you may need ongoing care.
• Be mindful of the statute of limitations (see Conn. Gen. Stat. § 52-577): do not wait too long to act.