Can you recover for a pre-existing back condition made worse by an accident?

Short answer: Yes. In Massachusetts you can seek damages for a pre-existing back condition that an accident significantly aggravated. The law generally requires proof that the accident caused (or materially contributed to) the worsening. You may recover for medical costs, lost wages, pain and suffering, and future care tied to the aggravation.

Detailed Answer — how Massachusetts law treats pre-existing conditions

Massachusetts follows the common-law principle often called the “eggshell plaintiff” rule: a defendant who negligently injures someone is responsible for the full extent of the harm that results, even if the injured person had a pre-existing vulnerability that made the injury worse than it otherwise would have been. In practice, that means a defendant cannot avoid liability just because the plaintiff’s back was already weakened or symptomatic before the accident.

What you must prove

• Negligence elements: duty, breach, causation (both actual and proximate), and damages. You must show the defendant’s conduct caused the aggravation of your back condition.
• Causation linking the accident to the aggravation: medical records, imaging (MRI, X-rays), provider notes describing a change in symptoms after the accident, and medical expert testimony that the accident materially worsened your condition.
• Timing and objective evidence: a clear timeline of symptoms before and after the accident, treatment records showing new or increased care after the accident, and objective findings (e.g., new imaging or physical exam changes) help establish causation.

What damages are recoverable

If you prove the aggravation, you can typically recover:

• Past and future medical expenses related to the aggravated condition (doctor visits, surgery, physical therapy, medications, durable medical equipment).
• Lost earnings and reduced future earning capacity if the aggravation affects work.
• Pain and suffering, loss of enjoyment of life, and emotional distress tied to the aggravation.

How defendants may fight an aggravation claim

• Argue lack of causation: they may claim your symptoms come from the underlying condition, not the accident.
• Minimize the aggravation: they may offer alternative causes (age, degeneration, other injuries).
• Attack credibility or pre-accident evidence: if you did not seek prior care or did not report earlier complaints, the defense will use that to challenge your claim.
• Comparative fault: if your own negligence contributed to the accident, Massachusetts law may reduce your recovery in proportion to your fault. Also, failure to follow medical advice or to seek timely treatment (failure to mitigate) can reduce recoverable damages.

Key practical points under Massachusetts law

• Collect and preserve all medical records from before and after the accident. Pre-accident records show the baseline condition; post-accident records show change and treatment.
• Document symptoms and limitations in writing and with dates (daily journals, work notes, photographs of activities you can no longer do).
• Seek prompt medical care after the accident. Delay can hurt causation arguments and provide the defense ammunition to say the condition is unrelated or pre-existing.
• Use qualified medical testimony. An opinion from a treating provider or independent expert linking the accident to the aggravation strengthens your claim.
• Beware the statute of limitations. Most personal-injury claims in Massachusetts must be filed within the statutory deadline for tort claims. For many cases, the deadline is three years from the injury—see the Massachusetts statute of limitations for personal injury: M.G.L. c.260, §2A. Missing that deadline can bar recovery.

Typical evidence that helps prove aggravation

• Pre-accident medical records showing baseline back condition.
• Emergency department notes or first post-accident medical visit describing new or worsened symptoms.
• Imaging reports and comparisons (before vs. after the accident).
• Doctor and specialist opinions tying the new symptoms or increased severity to the accident.
• Work records showing lost time or light-duty restrictions after the accident.
• Witness statements about the crash and immediate effects.

Settlement vs. trial considerations

Insurance companies often evaluate claims based on provable aggravation. Strong documentary and medical support increases settlement value. If the insurer denies full responsibility, you may need to file suit. At trial, juries decide damages based on the evidence of aggravation and causation, subject to any reduction for the plaintiff’s own fault.

Helpful Hints

• Get medical care right away after the accident and follow all treatment plans to avoid arguments about failure to mitigate.
• Request copies of all prior back-related records and give them to your treating providers so they can explain changes compared to baseline.
• Keep a symptom diary documenting pain levels, activities you cannot do, and ways the aggravation affects daily life.
• Take photos of the accident scene, vehicle damage (if applicable), and any visible injuries.
• Preserve communications and bills related to treatment, out-of-pocket costs, and lost wages.
• Consider early consultation with an attorney experienced in Massachusetts personal-injury cases to assess evidence, protect deadlines, and negotiate with insurers.
• Be prepared for the defense to request your medical records and possibly have you evaluated by a defense medical examiner.

Disclaimer: This article explains general Massachusetts law and is for educational purposes only. It does not create an attorney-client relationship and is not legal advice. For advice about your specific situation, consult a licensed Massachusetts attorney.