Detailed answer

Short answer: Yes. Under Minnesota law you can generally recover damages for a pre-existing back condition that an accident aggravated, but you may only recover for harm caused by the accident. The defendant is responsible for the additional injury the crash caused, even if your back was already vulnerable. How much you recover depends on proof of causation and the amount of harm attributable to the accident.

How the rule works in plain language

Minnesota follows the basic tort principle often called the “eggshell plaintiff” rule: a defendant must take a plaintiff as they find them. If an accident makes an old back problem much worse, the defendant can be required to pay for that increased injury and resulting losses. The key legal questions are:

• Did the accident more likely than not cause a new injury or a worsening of your back?
• If so, what portion of your condition and losses were caused by the accident (as opposed to what you already had)?

What you can recover

If you prove the accident aggravated your pre-existing back condition, you can typically seek:

• Past and future medical expenses that are attributable to the aggravation (doctor visits, imaging, surgery, physical therapy, prescriptions, durable medical equipment).
• Past and future lost wages or lost earning capacity if the aggravation affected your work.
• Pain and suffering, loss of enjoyment of life, and other non-economic damages to the extent they resulted from the aggravation.

What the defendant will likely argue

Defendants and insurers often argue either that (1) your back problem predated the accident and the accident did not cause the worsening, or (2) the aggravation is only partly caused by the accident and partly by the pre-existing condition or natural progression. Those arguments go to causation and to the size of your award, not to the existence of a claim.

Proof you will need

To recover for aggravation, you should collect evidence that connects the accident to the worsening of your back. Useful proof includes:

• Medical records from before and after the crash showing baseline condition and changed signs, symptoms, or imaging findings.
• Contemporaneous treatment notes and diagnostic tests (MRI, X-ray) that show new trauma or worsening.
• Statements from treating physicians who can explain how the accident caused or exacerbated your condition and whether the aggravation is likely permanent or temporary.
• Work and wage records showing lost time or reduced capacity after the accident.
• Photographs, witness statements, and an accident report showing the mechanism and severity of the crash.

How courts and juries decide apportionment

If some of your condition is attributable to the pre-existing disease process, the factfinder (adjuster, jury, or judge) must apportion damages between what existed before and what the accident added. Minnesota law provides for apportionment of liability among parties; see Minn. Stat. §604.01 for Minnesota’s apportionment framework. You are entitled to recover the portion attributable to the accident, including aggravation, and the defendant is liable for the full effects of that aggravation even if the results are worse because of your prior condition.

Link: Minn. Stat. §604.01 (apportionment of liability)

Practical tips on timing and treatment

Seek prompt and consistent medical care after the accident. Early documentation makes it far easier to show a connection between the accident and any worsening of your back. Keep copies of all records and bills. If you delay treatment, insurers may argue the aggravation was not accident-related or that your delay caused the worsening.

When you should talk to an attorney

If your accident made a pre-existing back condition worse and you face significant medical bills, work loss, or ongoing disability, consult an attorney experienced in Minnesota personal injury law. A lawyer can evaluate causation evidence, coordinate medical experts, and protect your right to full compensation for the aggravation caused by the crash.

Other Minnesota statutory matters to consider

There are several procedural rules and deadlines that can affect a claim (statute of limitations, notice requirements for certain claims, and rules for claims against government entities). Those matters vary with the facts. For specific filing deadlines and procedures, consult the Minnesota statutes and an attorney familiar with Minnesota practice. Minnesota statutes are available at: https://www.revisor.mn.gov/statutes/

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

Helpful hints

• Get medical care right away and follow your provider’s treatment plan.
• Request and keep copies of all medical records from before and after the accident.
• Ask your treating doctor to explain, in writing, how the accident changed your back condition and whether the aggravation is permanent.
• Keep a pain and function diary documenting daily limitations and how the injury affects work and life.
• Preserve evidence of the accident: photos, police/accident reports, witness names and contact information.
• Speak with an attorney early if damages or future care needs are significant—experts often make a big difference in proving causation and future costs.
• Be aware that the insurer may offer a quick settlement; evaluate offers with medical proof and legal advice before accepting.