Understanding Degenerative Disc Aggravation Claims After a Crash
Degenerative disc disease (DDD) is a common spinal condition, especially among adults over the age of 30. But when someone with a pre-existing back issue is involved in a car crash, they may find their symptoms intensify—sometimes dramatically. That raises an important legal question for Tempe drivers: Can you file a claim if a crash worsened an existing degenerative disc condition?
The answer is yes, and these types of claims are more common than most people realize. Insurance companies often try to avoid paying for injuries they claim were “already there,” but Arizona law doesn’t let them off the hook that easily.
If your back pain worsened after a crash, the Tempe AZ car accident attorney resource team explains how aggravation claims work and what you’ll need to document.
What Is Degenerative Disc Disease?
Degenerative disc disease isn’t actually a “disease” in the medical sense. It refers to the gradual breakdown of spinal discs over time. These discs act as shock absorbers between vertebrae, and as they wear down, they can cause:
Stiffness or pain in the neck or lower back
Numbness or tingling in the arms or legs
Reduced flexibility
Shooting pains due to pinched nerves
Many people live with DDD without realizing it—until an accident triggers symptoms. A crash can turn a manageable condition into a disabling one, especially when combined with the force of a rear-end collision or T-bone accident.
Why Aggravation Claims Are Legally Valid
Arizona law allows car accident victims to recover damages even if they had a pre-existing condition—so long as the crash worsened it. This principle is known as the “eggshell plaintiff rule.” It means the at-fault party takes you as they find you. If the collision caused your DDD to become symptomatic—or more painful than before—you may be entitled to compensation.
However, the burden is on you to prove that your condition changed because of the accident. This is where documentation, medical history, and expert opinions become crucial.
Common Signs of Aggravated Disc Injuries After a Crash
After a car crash, aggravated DDD may result in:
Pain that spreads further than before (e.g., down the legs or arms)
Increased need for physical therapy, injections, or medication
MRI or CT scans showing herniation or bulging at the affected disc
Loss of range of motion not previously documented
Victims who were managing mild back discomfort may now be unable to work, walk without assistance, or even sit comfortably for extended periods.
Challenges You’ll Face From Insurance Adjusters
One of the most common tactics insurers use in Tempe is blaming all of your pain on your pre-existing condition. They might argue:
Your symptoms existed before the crash
Your MRI shows long-term degeneration, not a new injury
You would have experienced pain anyway due to aging
While these arguments may sound convincing, they often ignore the functional difference between your life before and after the wreck.
If you were working full-time, exercising, or going about your day before the crash—and now you’re dealing with severe daily pain—that’s a meaningful change. And Arizona courts recognize the difference between a dormant condition and an active, debilitating one.
How to Strengthen Your Claim
To win a degenerative disc aggravation claim, you’ll need to provide:
Pre-accident medical records – showing the baseline of your condition (or lack of symptoms).
Post-accident diagnostics – including updated MRIs, CT scans, or physical evaluations.
Testimony from treating physicians – explaining how the crash aggravated the disc damage.
Functional impact documentation – such as lost work days, reduced ability to perform tasks, or need for additional care.
Even if you had a known condition, a crash that worsens it still matters. This is especially true in claims involving spinal cord injuries, chronic neck pain, or disc herniations that weren’t present before.
Can You Still File a Claim if the Crash Happened Months Ago?
Yes—if you're within Arizona’s two-year statute of limitations under A.R.S. § 12-542. However, it's easier to prove an aggravation if you sought treatment soon after the crash and continued care without large gaps. Delays between the crash and treatment can give the insurance company ammo to argue your pain came from something else.
If you were in a crash in Holdeman or North Tempe and didn't realize the extent of your back injury right away, that doesn't invalidate your claim—but documenting your progression is essential.
What Compensation Can You Seek?
If your aggravated condition interferes with your daily life, you may be entitled to:
Medical costs (physical therapy, injections, imaging, etc.)
Future medical care if ongoing treatment is needed
Lost income or reduced earning capacity
Pain and suffering
Loss of enjoyment of life
If your condition affects your ability to work in a physical role—or even perform household tasks—it should be reflected in your damages. Learn more about valuation methods on our legal resources page.
Final Thoughts
Pre-existing conditions don’t disqualify you from seeking compensation in a Tempe car accident case. If a crash made your degenerative disc condition worse—or turned a manageable issue into a major problem—you may still have a strong claim.
Insurance companies will try to use your medical history against you. But with the right documentation and a clear timeline of how your life changed after the crash, you can build a case that reflects the real impact.
