How West Virginia Law Treats Pre-Existing Back Conditions Made Worse by an Accident

Short answer: Yes — under West Virginia law you can generally recover for a pre-existing back condition that an accident substantially aggravated, but you must prove the accident caused the worsening, show the extent of damages, and file within the applicable time limit. This article explains what you need to know and the practical steps to protect a potential claim.

Detailed answer: legal principles and what you will need to prove

1. Legal principle: “take the plaintiff as you find them” (eggshell skull rule)

Courts in West Virginia apply the general common-law principle that a defendant takes the injured person as they are. If a defendant’s negligent act aggravates, accelerates, or permanently worsens a pre-existing medical condition — including a back injury or degenerative spine disease — the defendant can be held liable for the full additional harm that flows from the accident. The key point is that a pre-existing vulnerability does not automatically bar recovery.

2. Causation: you must connect the accident to the aggravation

To recover, you must prove causation: that the accident was a substantial contributing cause of the increased pain, disability, or need for treatment. This usually requires:

• Medical records from before and after the accident showing a change in symptoms or objective findings;
• A treating doctor’s or a qualified medical professional’s opinion that the accident materially worsened your condition; and
• Consistent testimony about how your symptoms changed after the crash (symptom onset, increased limitations, new testing results, etc.).

3. Types of damages you can seek

If you meet the burden of proof, you may seek damages that reflect the additional harm caused by the accident, including:

• Past and future medical expenses related to the aggravation;
• Past and future lost wages or diminished earning capacity tied to the worsening;
• Pain and suffering, loss of enjoyment of life, and emotional distress attributable to the aggravated condition.

4. Comparative fault and its effect

West Virginia reduces recovery by the plaintiff’s share of fault if the plaintiff was partly to blame for the accident. If you are found partially at fault, your recoverable damages will be reduced by your percentage of fault. Be prepared for the defendant to argue that your pre-existing condition or your own actions contributed to your injury. Evidence that the accident was the substantial cause of the worsening is crucial to limit any reduction.

5. Mitigation of damages

You must make reasonable efforts to limit your damages after the accident (get treatment, follow medical advice). A failure to seek reasonable care or treatment can be used to argue that some of the damages were avoidable.

6. Timing: statute of limitations

Personal injury claims have a limited time to file. In West Virginia, injury claims must generally be brought within the statutory period for actions seeking recovery for injury to the person. See West Virginia Code for the controlling statute on time limits: W. Va. Code § 55-2-12. If you wait too long, you may lose the right to sue. Also consider any notice requirements for claims against governmental entities.

Evidence that strengthens a claim for aggravation of a pre-existing back condition

• Medical records from before the accident showing baseline condition and treatment history.
• Emergency room, urgent care, and follow-up notes immediately after the accident documenting new or worsened symptoms.
• Imaging studies (X-rays, MRI, CT) showing change or new findings after the incident.
• Expert or treating physician opinions that the accident substantially aggravated the condition and an opinion about future medical needs.
• Employment records showing lost time or reduced duties tied to the aggravation.
• Contemporaneous records of pain, limitations, or activities (diary, text messages, witness statements).

Practical steps to protect your claim

1. Seek prompt medical care and be clear with providers about what changed after the event.
2. Keep copies of all medical records, bills, and work records.
3. Take photos of the scene (if possible), your injuries, and any relevant hazards.
4. Write down your symptoms and how they differ from your pre-accident baseline.
5. Avoid posting detailed descriptions of your injuries on social media.
6. Contact an attorney experienced in personal injury in West Virginia promptly to evaluate your case and preserve evidence.

When to consider hiring an attorney

Consider hiring an attorney if:

• Your back condition requires ongoing or future medical treatment;
• You suffered wage loss or your ability to work may be impaired;
• The defendant disputes causation or asserts you were at fault;
• The insurance company offers a settlement that seems low compared to your documented losses.

Helpful Hints

• Document everything. The clearer the medical and activity records, the easier it is to show aggravation.
• Don’t assume a pre-existing condition means you have no claim; focus on proving the change caused by the accident.
• Act quickly: deadlines matter. If you’re dealing with a government defendant, special notice rules may apply.
• If possible, get a treating physician’s written opinion that ties the aggravation to the accident — that opinion is often the most persuasive evidence.
• Keep a chronological file (dates, providers, treatments, out-of-pocket costs) to support claims for past and future damages.

Key West Virginia resources: West Virginia Code (searchable) is available at the state legislature’s site: https://code.wvlegislature.gov/. For court procedures and local rules consult the West Virginia Judiciary: https://www.courtswv.gov/.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and each situation is unique. To get advice tailored to your situation, consult a licensed attorney in West Virginia.