Recovery of Damages for Exacerbation of a Lower Back Spinal Injury Following a Motor Vehicle Accident in California

Motor vehicle accidents often cause serious and life-altering injuries. Among the most common and debilitating are lower back injuries, including herniated discs, spinal fractures, and nerve damage. For many victims, the accident does not create a brand-new injury but instead worsens a pre-existing spinal condition. California law recognizes the right of injured persons to recover compensation when a negligent driver exacerbates or aggravates a prior injury. This principle is vital in cases involving lower back injuries, as many people already suffer from degenerative disc disease or prior back problems before a crash.

In this article, we’ll explore how California law treats the recovery of damages for exacerbation of lower back spinal injuries, highlight the relevant California Civil Jury Instructions (CACI), and discuss strategies for proving and maximizing recovery in these complex cases.

The Legal Principle: “Take the Plaintiff as You Find Them”

California courts follow the “eggshell plaintiff” doctrine, which holds that a defendant cannot escape liability simply because the injured person was more vulnerable or had a pre-existing condition. In other words, the negligent driver is responsible for all harm caused, even if another person without that condition might not have suffered as severely.

This principle is codified in California Civil Jury Instruction (CACI) No. 3927 – Aggravation of Pre-Existing Condition or Disability, which states:

“If [plaintiff] had a physical or emotional condition that was made worse by [defendant’s] wrongful conduct, you must award damages that will reasonably and fairly compensate [plaintiff] for the effect on that condition.”

Thus, if a crash worsens a prior lower back injury, the defendant is legally responsible for the increased pain, treatment, and disability resulting from the exacerbation.

Distinguishing Between Pre-Existing Conditions and New Injuries

One of the key issues in spinal injury cases is separating what existed before the accident from what was caused—or made worse—by the collision. Insurance companies often argue that the plaintiff’s pain and limitations are solely the result of a degenerative condition that would have progressed anyway. Plaintiffs, however, may show through medical testimony that:

The accident accelerated the progression of a pre-existing spinal condition.
The crash triggered new symptoms (such as radiculopathy or nerve impingement) that were not present before.
The accident increased the severity or frequency of pain and functional limitations.

Under CACI No. 3928 – Unusually Susceptible Plaintiff, the law also clarifies that if the plaintiff was more vulnerable to injury than a normally healthy person, that does not reduce the defendant’s liability:

“You must decide the full amount of money that will reasonably and fairly compensate [plaintiff] for all damages caused by the wrongful conduct, even if [plaintiff] was more susceptible to injury than a normally healthy person would have been.”

This is especially important in lower back cases, where conditions like degenerative disc disease are common with aging, making many plaintiffs “unusually susceptible” to injury.

Types of Lower Back Spinal Injuries Commonly Exacerbated in Accidents

Herniated or Bulging Discs – A prior bulging disc may become herniated after impact, causing severe nerve pain or sciatica.
Degenerative Disc Disease – Accidents may accelerate degeneration, leading to early onset of disabling symptoms.
Spinal Stenosis – Narrowing of the spinal canal can be worsened by trauma, increasing nerve compression.
Facet Joint Injuries – Pre-existing arthritis may flare into chronic pain following collision trauma.
Lumbar Fractures – An older, stable fracture may destabilize after the accident, requiring surgical intervention.

These conditions often require extensive medical care—ranging from physical therapy and epidural injections to spinal fusion surgery. Where treatment was not necessary before the crash, the law recognizes the defendant’s responsibility for these new expenses and pain.

Proving Exacerbation of a Lower Back Injury

To recover damages, plaintiffs must prove that the accident caused a measurable worsening of their condition. This often involves:

1. Medical Records Before and After the Accident

Comparing pre-accident and post-accident MRIs, treatment notes, and pain complaints is key. A plaintiff who had mild, intermittent back pain before the crash but required surgery afterward presents strong evidence of exacerbation.

2. Expert Testimony

Orthopedic surgeons, neurologists, or spine specialists can testify about causation, explaining how the mechanics of the crash worsened the spinal injury. Radiologists may compare imaging studies to show changes over time.

3. Plaintiff’s Testimony

The plaintiff’s own account of increased pain, reduced mobility, or inability to work or enjoy life helps the jury understand the human impact of the aggravation.

4. Lay Witness Testimony

Family members, friends, or co-workers can testify about changes in the plaintiff’s physical abilities and quality of life.

Damages Available in Exacerbation Cases

When a motor vehicle accident worsens a lower back spinal injury, plaintiffs may recover both economic and non-economic damages.

Economic Damages

Medical Expenses: Hospital stays, physical therapy, injections, surgery, and future care.
Lost Wages: Time missed from work during recovery.
Loss of Earning Capacity: Reduced ability to work in the future due to chronic pain or disability.

Non-Economic Damages

Pain and Suffering: Both the increased physical pain and emotional distress from a worsened condition.
Loss of Enjoyment of Life: Inability to participate in hobbies, sports, or family activities once enjoyed.
Loss of Consortium: Impact on spousal relationships due to chronic pain and limitations.

CACI No. 3905A – Physical Pain, Mental Suffering, and Emotional Distress provides jurors guidance on awarding such damages.

Defense Tactics and How to Counter Them

Insurance defense lawyers often argue:

The plaintiff’s injury is entirely pre-existing.
Counter: Use medical expert testimony to distinguish new findings from prior conditions.
Symptoms would have worsened regardless of the accident.
Counter: Highlight medical records showing stable conditions before the accident, with deterioration only afterward.
Plaintiff is exaggerating pain or limitations.
Counter: Present consistent treatment history, imaging results, and witness testimony about functional decline.

Under California law, jurors are instructed (CACI No. 3927) to award damages for the aggravation even if the plaintiff already had some level of pain or impairment before.

Case Example: Application of the Law

Consider a plaintiff with mild degenerative disc disease who had occasional back pain but required no medical treatment. After being rear-ended in Los Angeles, the plaintiff develops severe lower back pain radiating into the legs. Imaging shows a worsened disc herniation, and the plaintiff undergoes lumbar fusion surgery.

Defense counsel may argue that the surgery was inevitable given the plaintiff’s age and condition. However, under CACI No. 3927, the jury can award damages for the difference between the plaintiff’s prior baseline condition and the worsened state after the crash. The plaintiff is entitled to recover for the surgery, rehabilitation costs, lost wages, and pain and suffering resulting from the exacerbation.

Jury Instructions That Commonly Apply in Exacerbation Cases

CACI No. 3927 – Aggravation of Pre-Existing Condition or Disability
CACI No. 3928 – Unusually Susceptible Plaintiff
CACI No. 3900 – Introduction to Tort Damages
CACI No. 3905A – Physical Pain, Mental Suffering, and Emotional Distress
CACI No. 3903A & 3903C – Past and Future Medical Expenses
CACI No. 3903D – Lost Earnings
CACI No. 3903F – Loss of Earning Capacity

Together, these instructions provide jurors with a clear roadmap for awarding damages to plaintiffs whose pre-existing lower back conditions were made worse by a car accident.

Practical Tips for Plaintiffs

Seek Prompt Medical Care – Documenting symptoms immediately after the accident strengthens causation arguments.
Disclose Prior Injuries Honestly – Concealing past back issues can damage credibility. Courts protect recovery even for pre-existing conditions, so honesty is key.
Follow Treatment Plans – Consistent compliance with doctor recommendations shows the seriousness of the injury.
Keep a Pain Journal – Recording daily symptoms, limitations, and missed activities provides persuasive evidence of damages.
Work With an Experienced Personal Injury Attorney – These cases require careful preparation, expert testimony, and familiarity with CACI jury instructions.

Conclusion

California law ensures that accident victims are not penalized for having pre-existing spinal conditions. A negligent driver “takes the plaintiff as they find them” and is fully responsible for any aggravation or worsening of a lower back injury. Through the application of CACI Nos. 3927 and 3928, juries are instructed to award fair compensation for the additional harm caused.

For plaintiffs suffering from exacerbated spinal injuries, damages may include extensive medical treatment, lost wages, reduced earning capacity, and significant pain and suffering. Proving these cases requires thorough medical documentation, expert testimony, and strong advocacy, but the law is clear: victims are entitled to recovery for the worsening of their condition.

If you or a loved one has suffered an exacerbation of a lower back injury in a California motor vehicle accident, consulting with a skilled personal injury attorney is essential. An attorney can help navigate the legal system, present the strongest possible case, and fight for the full compensation you deserve.