I Aggravated My Back in a Car Accident- Do I Have a Personal Injury Case?

In most states, if you have a previous medical condition that is made worse in a car accident, you are entitled to recover.
The insurance company might call this a "pre-existing" condition. However, for example, in Pennsylvania, there is actually an instruction (Suggested Standard Civil Jury Instruction 6.03 "Pre-existing Condition or Injury") that the Judge may read to a jury that says:

Aggravation Damages should be awarded for all injuries caused - even if:

1. the injuries caused by the incident were more severe than could have been foreseen because of the plaintiff's prior physical condition; or

2. a preexisting medical condition was aggravated by the incident.

If you find that the plaintiff did have a preexisting condition that was aggravated by the defendant's negligence, the defendant is responsible for any aggravation caused by the incident.

What this means is that the at fault party and their insurance are going to be responsible for causing your condition to get worse.

The key is that you have the obligation to prove: (1) the condition to your back got worse after the accident; and (2) that worsening ("aggravation") was caused by the accident.

Many times the insurance company will tell you that since you had pre-existing symptoms or treatment you can't recover damages at all. As mentioned above, that isn't the case in most states. It is important to go to a competent, qualified doctor and tell them all the symptoms you are having and this will enable them to make an accurate diagnosis. It often makes sense to return to the doctor who had seen you before the accident. They will know your condition and will normally be in a good position to determine if your condition was worsened by the accident. It will of course depend on how much treatment you had with them and what their qualifications are.