Short answer
Yes. Under New Hampshire law you can generally recover damages for a pre-existing back condition if an accident aggravated or worsened that condition. The law holds a defendant responsible for the additional harm their careless act caused, even if the victim already had a vulnerable spine or prior back problems. This page explains how that principle works, what you must prove, and practical steps to preserve and present your claim.
Disclaimer
This is educational information and not legal advice. Laws change and every case turns on its facts. Speak with a qualified New Hampshire attorney about your specific situation before making legal decisions.
Detailed answer — how New Hampshire treats aggravation of a pre-existing back condition
Legal principle
Courts follow the long-standing common-law rule often summarized as “you take your victim as you find them.” That means if a defendant’s negligent act (for example, a car crash or a fall) aggravates, accelerates, or brings about new symptoms of a pre-existing back condition, the defendant can be held liable for the full extent of the injury that resulted from their conduct — including additional surgery, added pain, lost wages, and other losses that would not have occurred but for the accident.
What you must prove
- Causation: A causal connection between the accident and the worsening of the back condition. Medical evidence must show that the accident materially contributed to the aggravation.
- Extent of aggravation: Documentation that the injury or need for new/continued treatment is beyond the ordinary progression of the pre-existing condition.
- Damages: Proof of economic losses (medical bills, rehabilitation costs, lost earnings) and, where appropriate, non-economic losses (pain and suffering, loss of enjoyment of life).
- Timing and continuity: A timeline showing symptoms before and after the accident helps connect the event to the deterioration.
Types of evidence that help establish your claim
- Prior medical records that describe your baseline condition and treatment history.
- Emergency and post-accident medical records documenting new or worsened symptoms and objective findings (imaging, neurologic exam, range-of-motion, referrals).
- Treating-provider notes that compare pre- and post-accident status and explain how the accident aggravated the condition.
- Specialist reports or expert medical opinions (e.g., orthopedist, neurosurgeon, physiatrist) that attribute the worsening to the accident.
- Evidence of increased treatment needs after the accident (new medications, injections, physical therapy, surgery).
- Evidence of lost income, reduced hours, or diminished earning capacity linked to the aggravated condition.
Recoverable damages
When you successfully prove that the accident aggravated a pre-existing back problem in New Hampshire, you can seek:
- Past and future medical expenses related to the aggravation (current bills, anticipated surgery, rehab).
- Past and future lost wages and lost earning capacity if your work was affected.
- Pain and suffering and other non-economic losses for the additional disability, discomfort, and life limitations caused by the aggravation.
- Out-of-pocket expenses (transportation to medical appointments, assistive devices).
Common defenses and obstacles
- Disputes about causation: The defendant or insurer may argue the worsening was due to natural progression, an unrelated event, or pre-existing disease rather than the accident.
- Prior-record gaps: Weak or missing pre-accident records make it harder to show the change was caused by the accident.
- Your own fault: New Hampshire law reduces recovery if a plaintiff bears some fault (the defendant will assert comparative-fault arguments). Your degree of fault, if any, will affect the amount you can recover.
- Delay in treatment: Waiting too long to seek treatment after the accident gives insurers room to claim the aggravation was not caused by the incident.
Practical burden and typical proof strategy
Because pre-existing conditions already produce symptoms, cases often hinge on credible medical opinion that links the new or worsened symptoms to the accident. A common proof path is:
- Assemble all prior medical records and imaging.
- Document symptoms and treatment immediately after the accident (ER notes, urgent care, primary care).
- Obtain specialist evaluation and, if needed, an opinion from an independent medical expert who can explain how the accident aggravated the spine.
- Quantify past and projected medical costs and lost earnings and present this evidence with testimony or reports.
Helpful hints
- Seek prompt medical attention after an accident and follow recommended treatment. Immediate and consistent treatment strengthens your claim that the accident worsened your condition.
- Gather and preserve all pre-accident medical records that show the history and baseline of your back problem.
- Keep a contemporaneous symptom diary: note pain levels, functional limits, missed work, and activities you cannot do since the accident.
- Ask treating providers to record comparisons between your pre-accident status and post-accident condition and to explain causation in their notes.
- Keep careful records of all medical bills, receipts, mileage, and wage statements tied to treatment and recovery.
- Notify your insurer and the other party’s insurer promptly, but avoid detailed recorded statements about fault without consulting a lawyer.
- Be aware that legal time limits apply. For information on New Hampshire statutes, consult the state statutes index: https://www.gencourt.state.nh.us/rsa/ and consider contacting a local attorney quickly to protect your rights.
- Consider discussing your case with an attorney experienced in personal injury claims to evaluate strength of causation, damages, and strategy — especially if surgery or long-term care is involved.
Final notes
In New Hampshire, an accident that aggravates a pre-existing back condition can give rise to full compensation for the additional harm. Success depends on solid medical proof tying the aggravation to the accident and careful documentation of the added losses. Because these cases involve medical causation and legal nuance, early collection of records and a prompt consultation with an attorney are important steps to preserve your rights.