Understanding Recovery for a Pre-Existing Back Condition Aggravated by an Accident in Wisconsin

Quick overview: If an accident makes a prior back problem worse, Wisconsin law generally allows you to seek compensation for the additional injury and related losses. The defendant usually “takes the plaintiff as found,” so you can recover for aggravation of a pre-existing condition so long as you can prove the accident caused the added harm. This article explains how that works, what you must prove, what evidence helps, and key deadlines to watch.

Disclaimer

I am not a lawyer and this is not legal advice. This article explains general Wisconsin law and common practice so you can understand your options and discuss them with a licensed attorney.

Detailed answer — How Wisconsin law treats aggravation of pre-existing back conditions

Legal rule: Under general tort principles applied in Wisconsin courts, a defendant who causes an injury that aggravates a plaintiff’s pre-existing condition is responsible for the full extent of the harm that resulted from the defendant’s conduct. In short, a pre-existing vulnerability does not bar recovery; the wrongdoer “takes the victim as he finds him.”

What you must prove:

• Negligence or legal fault: The defendant(s) acted negligently or otherwise breached a legal duty (for example, a careless driver ran a red light).
• Causation: The accident was a cause of the additional injury or worsening of your back. Wisconsin courts require proof that the defendant’s conduct was a substantial factor in bringing about the aggravated injury.
• Damages: You must show measurable harm caused by the aggravation — medical expenses, lost earnings, reduced earning capacity, and pain and suffering attributable to the worsening.

How courts evaluate causation: Medical opinions are key. A treating physician or qualified expert must link the aggravation to the accident, explaining how the incident materially worsened your back condition beyond its prior baseline. Courts accept that an accident can accelerate degeneration, cause flare-ups, or convert a stable condition into a disabling one — if the medical evidence supports that sequence.

Comparative fault and reduction of recovery: Wisconsin follows comparative fault principles. If you bear some blame for the accident, your recovery is reduced in proportion to your percentage of fault. (See Wisconsin law on comparative fault: Wis. Stat. § 895.045.) If you were partially responsible for the crash, damages for your aggravated back condition would be reduced accordingly. More information on the statute of limitations for personal injury claims is available at Wis. Stat. § 893.54.

Statute links: Wisconsin statutes are available online. See the statute addressing comparative fault at Wis. Stat. § 895.045, and the personal injury limitation period at Wis. Stat. § 893.54.

Types of recoverable damages for the aggravation

• Past and future medical bills specifically attributable to the aggravation (e.g., new surgeries, physical therapy, medications).
• Past and future lost wages or reduced earning capacity caused by the worsened condition.
• Pain and suffering, loss of enjoyment of life, and other non-economic harms tied to the aggravated injury.
• Costs to modify a home or vehicle if required by new disability arising from the aggravation.

Practical hurdles and common defenses

• Pre-accident symptoms: The defense will try to show your ongoing problems, rather than the accident, explain symptoms. Detailed pre- and post-accident records help counter that.
• Apportionment of damages: Defendants often argue that some portion of your condition was caused by the prior condition or normal progression of disease. A medical expert who can attribute specific worsening to the accident is essential.
• Failure to mitigate: You must reasonably seek care and follow medical advice. If you delay treatment or ignore recommendations, the defendant can argue your damages increased because you failed to mitigate.

What evidence helps prove an aggravated injury

• Medical records from before the accident establishing baseline symptoms and prior diagnoses.
• Emergency and follow-up treatment records from after the accident documenting new or worsened symptoms.
• Diagnostic tests (X-rays, MRI, CT scans) comparing pre- and post-accident findings, when available.
• Clear expert opinion from your treating physician and, if needed, an independent medical expert linking the aggravation to the accident.
• Records of lost work, salary, and functional limitations (employer notes, pay stubs, vocational evaluations).
• Pain and symptom diaries, photos, and witness statements about changes in activity and function after the accident.

Steps to take right away

1. Seek prompt medical care and tell providers about all prior back problems and current symptoms.
2. Keep copies of all medical records, bills, and communications with insurers or opposing parties.
3. Document how the injury affects daily life and work — take notes, photos, and gather witness contact information.
4. Do not sign settlement offers without legal advice. Early offers may undervalue future losses tied to aggravation.
5. Contact a Wisconsin personal injury attorney promptly to evaluate your claim, preserve evidence, and meet deadlines (including the statute of limitations).

When to consult an attorney

Talk to an attorney if the accident caused a noticeable worsening of your back, if medical treatment beyond routine care is needed, or if the insurer disputes causation. An attorney can arrange independent medical reviews, calculate future damages, and negotiate or litigate to protect your full recovery.

Helpful Hints

• Keep a clear record of your pre-accident back history — prior diagnoses, treatments, and limitations help establish the baseline.
• Get medical opinions that explicitly state whether the accident materially worsened your condition and why.
• Follow all medical advice to avoid arguments that you failed to mitigate damages.
• If you receive an early settlement offer, do not accept it until you understand future medical needs and lost-earnings impact.
• Ask your provider for written notes that compare your current condition to your pre-accident baseline — judges and juries find direct comparisons persuasive.
• Keep paperwork organized: medical bills, appointment summaries, employer records, and correspondence with insurers.
• Watch the deadline: personal injury claims in Wisconsin are subject to time limits. Missing the deadline can bar your claim (see Wis. Stat. § 893.54).

Next step: if you think an accident aggravated your back condition, collect your medical records and consult a Wisconsin personal injury attorney to discuss causation evidence, potential recovery, and the timing for filing a claim.