Can you recover for an accident that made a pre-existing back condition worse?
Short answer: In Idaho you can generally seek damages for new injury or aggravation of a pre-existing back condition caused by someone else’s negligence. The person who caused the accident is usually responsible for the full extent of harm that the accident proximately caused. However, you must be able to prove that the accident materially aggravated the condition and caused compensable damages.
How Idaho law treats pre-existing conditions
Idaho follows the common-law principle that a defendant “takes the plaintiff as found.” That means if your back was vulnerable before the crash, the defendant is still liable for harm their careless act actually produces. The defendant cannot escape liability just because your condition made you more susceptible to injury.
At the same time, courts and juries will look closely at causation and the amount of harm that is actually attributable to the accident versus the natural course of the pre-existing problem. Fault and damage allocation issues are governed by Idaho’s comparative fault rules; see Idaho Code Title 6, Chapter 8 for the state’s comparative-fault framework: https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch8/.
What you need to prove to recover damages
- Negligence (duty, breach, fault): You must show the defendant owed a duty and breached it (for example, a careless driver who ran a red light).
- Causation: You must show the accident was a proximate cause of the aggravation. Courts look for medical proof that links the accident to increased symptoms or to objective worsening of the condition.
- Damages: You must demonstrate the nature and extent of harm (pain, medical bills, lost wages, reduced earning capacity, and future care). Evidence must show which portion of your total condition resulted from the accident rather than unrelated degeneration or prior events.
Typical evidence that helps your claim
Because pre-existing conditions are often complex, strong documentation is critical. The types of evidence that matter include:
- Medical records showing your condition before the accident (prior diagnoses, imaging, treatment notes).
- Medical records and imaging after the accident showing new or worsened findings.
- Contemporaneous treatment notes and consistent symptom reports to providers.
- Expert opinion from a treating physician or other qualified medical provider linking the aggravation to the accident.
- Work records showing lost time or reduced capacity tied to post-accident symptoms.
- Photographs, videos, and witness statements about the accident and your immediate post-accident condition.
How damages are calculated
If you prove the defendant’s negligence caused a material aggravation, you can seek typical personal-injury damages: past and future medical expenses, past and future pain and suffering, lost earnings, and costs for future care. The jury or judge will assess what portion of your overall condition was caused by the accident. The “eggshell” rule prevents a defendant from avoiding full liability simply because you were more susceptible, but the claimant still must establish causation and the dollar value of increased harm.
Practical issues and defenses to expect
- Defense arguments: The defendant may argue the problem is from natural disease progression, a separate incident, or unrelated activities rather than the accident.
- Need for medical experts: Expect the defense to obtain its own medical opinions. Courts often rely on experts to separate pre-existing pathology from accident-related aggravation.
- Comparative fault: Idaho’s comparative-fault rules affect recoverable damages if the plaintiff is found partially at fault. See Idaho Code Title 6, Chapter 8: https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch8/.
- Insurance disputes: Insurance companies will review prior records closely and may argue causation or limit payouts; having clear evidence improves settlement leverage.
Time limits and next steps
Act promptly. Personal-injury claims have time limits under Idaho law that can bar a case if you wait too long. For an overview of Idaho’s statutes of limitations for civil actions, review Title 5 of the Idaho Code: https://legislature.idaho.gov/statutesrules/idstat/title5/. Missing a filing deadline can eliminate your right to recover.
When to talk to an attorney
If your back condition pre-dated an accident and you notice new or worse symptoms after an accident, consider consulting a personal-injury attorney experienced in soft-tissue and spine claims. An attorney can help gather prior records, obtain appropriate medical experts, preserve evidence, and explain how comparative-fault rules and settlement negotiations might affect your case.
Helpful hints
- Seek immediate medical care after the accident and follow recommended treatment—delays weaken proof of causation.
- Request and keep copies of all prior medical records for your back and any new records after the accident.
- Be precise when describing pain and limitations to providers; contemporaneous notes are persuasive evidence.
- Keep a pain and activity diary documenting how the aggravation affects daily life and work.
- Notify your insurer and the at-fault party’s insurer promptly, but avoid giving detailed recorded statements before talking with counsel.
- Preserve physical evidence and photographs of the accident scene and any visible injuries.
- Ask your treating provider to explain—preferably in writing—how the accident changed your condition and the likelihood of future care needs.
- Consult an attorney before accepting a low settlement; early offers may not cover future medical needs tied to aggravation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not form an attorney-client relationship. Laws change and every case has unique facts. Consult a licensed Idaho attorney to discuss your specific situation.