Overview
Detailed Answer
This section explains how Indiana law treats claims for injuries when a pre-existing back condition is aggravated by an accident. The short answer: you can generally recover for aggravation of a pre-existing condition, but you must prove the accident caused the worsening and quantify the damages. Indiana applies comparative-fault principles that can reduce your recovery if you share fault, and time limits apply to filing a claim.
Key legal principles
- “Take the plaintiff as you find them” (eggshell plaintiff): Under common-law tort principles followed in Indiana, a defendant is responsible for the full harm that flows from their tortious conduct even if the plaintiff had a vulnerable or pre-existing condition that made the injury worse. In other words, a pre-existing back problem does not automatically bar recovery if the defendant’s negligence aggravated it.
- Causation and burden of proof: You must prove by a preponderance of the evidence that the defendant’s negligence caused or materially aggravated your back condition. That typically requires medical evidence showing a change, acceleration, or worsening of symptoms and a link between the accident and that change.
- Comparative fault: Indiana reduces a plaintiff’s recoverable damages by the plaintiff’s percentage of fault. See Indiana’s comparative-fault provisions for more detail: https://iga.in.gov/laws/2023/ic/titles/34#34-51-2
- Statute of limitations: Most personal injury claims in Indiana must be filed within the state’s deadline for tort actions (commonly two years from the injury or discovery). You should confirm the exact provision and any exceptions promptly: https://iga.in.gov/laws/2023/ic/titles/34#34-11-2
What you must prove to recover
- Negligence or other legal fault: That the defendant had a legal duty, breached it, and that breach caused harm.
- Causation of aggravation: That the accident materially aggravated, accelerated, or worsened your pre-existing back condition beyond its prior baseline.
- Damages: That you incurred measurable losses because of the aggravation — e.g., additional medical bills, lost income, diminished earning capacity, and pain and suffering.
Evidence that helps prove aggravation
- Medical records from before the accident showing your prior diagnosis, baseline symptoms, and prior treatment.
- Medical records and imaging taken after the accident documenting new or worsened findings.
- Consistent statements to doctors, employers, and insurers about when symptoms changed.
- Expert medical testimony linking the accident to the aggravation and explaining the expected course (past and future treatment needs).
- Evidence of additional economic losses (bills, pay stubs, estimates of future care).
Types of damages you may recover
- Past and future medical expenses related to the aggravation.
- Lost wages and loss of earning capacity if the aggravation affected your ability to work.
- Pain and suffering and loss of enjoyment of life from the increased symptoms.
- In some cases, costs for home health care, physical therapy, assistive devices, or modifications.
How comparative fault affects recovery
If you share fault for the accident or the harm (for example, partly contributed to the crash or failed to follow medical advice), your total recoverable damages will be reduced by your percentage of fault. See Indiana’s comparative-fault rules: https://iga.in.gov/laws/2023/ic/titles/34#34-51-2
Practical example (hypothetical)
Jane had chronic low-back pain requiring occasional treatment. After a rear-end collision, she required three times the prior frequency of treatment, new imaging showed disc changes, and she missed work for 6 weeks. Jane can seek damages for the increased medical care, lost wages, and pain and suffering caused by the aggravation. The defendant may argue Jane’s pre-existing condition explains the issues; Jane’s medical records and expert testimony would be needed to prove the accident materially worsened her condition.
Common defenses you should expect
- Argument that the pre-existing condition, not the accident, caused the current symptoms.
- Claims your symptoms were unrelated or pre-dated the accident.
- Assertions that you failed to mitigate damages (for example, skipped recommended treatment).
Next steps you should take immediately after the accident
- Seek medical attention right away and follow your provider’s recommendations. Early treatment strengthens the causal link between the accident and any aggravation.
- Preserve pre-accident medical records and requests for records from prior providers.
- Document symptoms, treatment dates, work missed, and out-of-pocket costs.
- Avoid detailed recorded statements to insurers before consulting an attorney; give only basic facts.
- Consult a personal injury attorney experienced in cases involving pre-existing conditions to evaluate proof and damages.
Important: This is a general explanation of principles under Indiana law. Individual cases vary. You should consult a licensed Indiana attorney about the specifics of your situation.
Disclaimer: This article provides general information and does not constitute legal advice. It does not create an attorney-client relationship. For advice about a specific claim, consult a licensed Indiana attorney.
Helpful Hints
- Get medical care immediately and keep all records — dates, diagnoses, imaging reports, and treatment plans are crucial evidence.
- Ask prior providers for complete records of your back condition before the accident; the more complete the baseline, the better you can show aggravation.
- Track all expenses and time missed from work (pay stubs, employer letters, invoices).
- Consider getting a specialist’s opinion (orthopedist, neurologist, or pain-management physician) who can opine on whether the accident aggravated the condition.
- Don’t sign releases or settle quickly without knowing the full extent of the aggravation — new symptoms or future care may appear later.
- Contact an Indiana personal injury attorney early to preserve evidence and meet filing deadlines (statutory deadlines may bar claims if missed): https://iga.in.gov/laws/2023/ic/titles/34#34-11-2