The three elements of an injury case are:
1) liability;
2) damages and
3) causation.
If someone is liable for an accident, they are not necessarily “on the hook” for every problem that happens to you thereafter. The injured person must connect the dots and connect the injuries to the accident. Theoretically, if someone has a bad spine before an accident and it is the same after the accident, then, possibly the “at fault” person could owe nothing. The proviso would be that if the accident aggravated the injury, then they would be liable for the aggravation of the injury.
To the question at point, if someone has had significant spine problems resulting in surgery, common sense suggests that if they were in some for of an accident, whether car accident, fall accident or otherwise, they are likely more susceptible to injury compared to someone with a perfectly healthy back. The key here, would be to show the differences, i.e. the aggravation. The good news is that people that have had significant problems with their backs usually have routine diagnostic tests. Thus, would know the exact state of their spine as of shortly before the accident. When the doctors compare the tests from shortly before to shortly after the accident, they can make a medical opinion as to the difference.
Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as the most slight difference in the facts could ultimately change the result. Also, this blog is based on Florida law and the laws of any other states or another country could vary significantly from Florida.
