The jarring impact of a car accident sends a shockwave through your body and your life. In the immediate aftermath, you are focused on the obvious—the crumpled metal, the exchange of information, and the sudden, sharp pain of a new injury. But what happens when the force of the collision doesn't just cause a new injury but awakens an old one? For the millions of Americans living with chronic pain, old sports injuries, or degenerative conditions, this is a profound and immediate fear.

You may worry that the insurance company will see your medical history and dismiss your pain as something that was “already there.” You may question whether you are entitled to compensation if your health was not perfect prior to the crash.

This is a common and valid concern for many accident victims in Kentucky. The short answer is yes, a pre-existing condition can affect your car accident claim, but it absolutely does not prevent you from recovering fair compensation. The law protects your right to be compensated for any worsening of your condition caused by someone else's negligence. However, securing that compensation requires a strategic approach, a deep understanding of the law, and the right evidence to support your case.

Understanding the Eggshell Skull Rule in Kentucky Car Accident Cases

To understand how a pre-existing condition interacts with a personal injury claim, we must first look at a foundational legal principle known as the “Eggshell Skull Rule.” This doctrine is recognized in Kentucky and is a cornerstone of personal injury law.

Imagine two people are lightly tapped on the head with the same amount of force. The first person is unharmed and barely notices. The second person, who has an unusually thin skull (like an eggshell), suffers a catastrophic fracture. Should the person who did the tapping be any less responsible for the second person’s severe injury simply because they were more fragile? That question often arises in personal injury claims for head injuries after car accidents in Kentucky.

The law says no. The Eggshell Skull Rule—or as lawyers sometimes say, “you take your victim as you find them”—means a negligent party is responsible for the full extent of the harm they cause, even if the victim had an underlying vulnerability that made the injury far worse than it would have been for an average person.

In the context of a car accident, this means the at-fault driver is liable for:

• Any new injuries they caused.
• Any aggravation or flare-up of a pre-existing condition.

The negligent driver doesn't get a discount on damages just because your back was already weak or you had arthritis in your neck. They caused the impact, and they are responsible for the consequences of that impact on your specific body.

How Insurance Companies Handle a Pre-Existing Condition in a Car Accident Claim in Kentucky

While the law is on your side, you should not expect the at-fault driver's insurance company to embrace the Eggshell Skull Rule willingly. The insurance adjuster's primary job is to protect the company's bottom line by minimizing payouts. A pre-existing condition is often the first thing they will seize upon to try and devalue or deny your claim.

Here’s the strategy they typically employ:

1. Attribute All Pain to the Old Condition: The adjuster will argue that your current pain, medical bills, and suffering are not the result of the car accident but are merely a continuation of your pre-existing condition. They will suggest that you would have needed the same surgery, physical therapy, or injections eventually, regardless of the crash.
2. Request Your Entire Medical History: They will ask you to sign a broad medical authorization form. Their goal is to go on a fishing expedition through your entire life’s medical records, looking for any mention of pain or injury in the same body part—no matter how old or unrelated—to build their case against you.
3. Use an "Independent" Medical Examination (IME): The insurer may require you to be examined by a doctor they hire and pay for. These IMEs are rarely truly independent. The doctors who perform them often have long-standing financial relationships with insurance companies and are known for producing reports that minimize the victim's injuries and attribute them to pre-existing or degenerative factors.

Their entire approach is designed to create doubt. They want to muddy the waters and make it seem impossible to tell where the old injury ends and the new one begins.

The Difference Between an Aggravation and Exacerbation of a Car Accident Injury

When building your case, your car accident lawyer will focus on proving how the crash changed your condition. The law makes a distinction between a temporary flare-up and a permanent worsening, and this distinction is vital for calculating damages.

• Aggravation: An aggravation is a permanent worsening of a pre-existing condition. The accident has changed your baseline. For example, if you had manageable degenerative disc disease in your lower back before the crash but the collision caused a disc to herniate, requiring surgery, that is an aggravation. Your condition will never return to its pre-accident state. A permanent aggravation leads to higher compensation because it includes damages for future pain, future medical care, and a permanent loss of quality of life.
• Exacerbation: An exacerbation is a temporary worsening or flare-up of your symptoms. Your pain levels and limitations increase for a period of time after the accident, but your condition eventually returns to its pre-accident baseline. For instance, if you have chronic fibromyalgia, the trauma of a crash could cause a severe, months-long flare-up of pain and fatigue. You deserve compensation for all medical care, lost wages, and suffering during that period, but the damages are limited to that timeframe.

An experienced car accident attorney knows how to present medical evidence to clearly demonstrate whether your injury was an aggravation or an exacerbation, ensuring your claim is valued correctly.

Proving Your Car Accident Claim with a Pre-Existing Condition

Because the insurance company will fight you on this issue, the burden of proof is on you—the victim—to clearly link the worsening of your condition to the car accident. This is not something you can do alone. It requires a meticulous, evidence-based approach led by a skilled car accident lawyer.

Key Evidence Your Car Accident Attorney Will Use:

• Comparative Medical Records: The most powerful tool is a "before and after" snapshot of your health. Your attorney will gather medical records from the months and years before the accident to establish a clear baseline. How often did you see a doctor for the condition? What were your reported pain levels? What were your physical limitations? What treatments were you receiving? Then, they will use your medical records after the accident to show a distinct change—new symptoms, more frequent doctor visits, higher pain scores, and new, more aggressive treatment recommendations.
• Expert Medical Opinions: Your treating physician is an essential ally. They have firsthand knowledge of your condition both before and after the collision. Your lawyer will work with your doctor to get a detailed medical opinion, often in the form of a written report or deposition testimony, that states to a reasonable degree of medical certainty that the car accident caused the aggravation of your condition. In some cases, it may be necessary to hire an outside medical expert to review your records and counter the biased report from the insurance company's IME doctor.
• Testimony from You and Others: Your own story is compelling evidence. A pain journal where you document your daily struggles, physical limitations, and the emotional toll can be invaluable. Testimony from family, friends, and coworkers can also paint a vivid picture of how your life has changed since the crash. They can speak to the activities you could do before the accident that you can no longer enjoy.

Common Pre-Existing Conditions Impacted by a Kentucky Car Accident

The forces involved in a motor vehicle collision—even a seemingly minor one—are immense and can easily worsen a fragile or compromised area of the body. Some of the most common pre-existing conditions we see aggravated in car accident cases include:

• Degenerative Disc Disease (DDD): The normal, age-related wear and tear on spinal discs can be asymptomatic or cause only minor stiffness. The violent force of a crash can cause these weakened discs to tear, bulge, or herniate, leading to debilitating nerve pain.
• Arthritis: A person with manageable osteoarthritis in their neck, back, or knees can suffer a severe inflammatory response from a collision, leading to a rapid increase in pain, stiffness, and loss of mobility that may now require injections or even joint replacement surgery.
• Previous Surgical Sites: Areas of the body where you have surgical hardware like plates, screws, or rods are vulnerable. The trauma of a crash can damage the surrounding tissue, loosen the hardware, or cause a new fracture around the old site.
• Spinal Stenosis: This narrowing of the spinal canal may not have caused significant symptoms before. The inflammation and trauma from an accident can cause the canal to narrow further, compressing the spinal cord and leading to severe pain, numbness, and weakness.
• Fibromyalgia: This chronic pain condition can be sent into a severe, prolonged flare-up by the physical and emotional trauma of a car accident.

What Not to Do: Mistakes That Can Hurt Your Car Accident Claim in Kentucky

When you have a pre-existing condition, you are navigating a minefield. One misstep can give the insurance company the ammunition it needs to deny your claim.

• DO NOT Hide Your Medical History: The single biggest mistake you can make is lying about or failing to disclose a pre-existing condition. The insurance company will find out, and when they do, your credibility will be destroyed. It is far better to be upfront with your attorney from the very beginning. Honesty allows your lawyer to build a strategy around the facts rather than being blindsided later.
• DO NOT Sign a Blanket Medical Authorization: The insurer’s authorization form gives them the right to dig into your entire medical past, from childhood illnesses to psychological counseling. Never sign this without consulting your lawyer. A Kentucky car accident attorney will draft a limited authorization that only allows the insurer to see records relevant to the injured body part for a reasonable period before the accident.
• DO NOT Delay Seeking Medical Care: Gaps in treatment are a huge red flag for insurers. They will argue that if you were truly in pain, you would have seen a doctor immediately and consistently. Follow through with all recommended appointments, physical therapy sessions, and treatments.
• DO NOT Give a Recorded Statement: The other driver's insurance adjuster will call you and ask to take a recorded statement. They are trained to ask questions designed to get you to downplay your injuries or admit things that hurt your case. Politely decline and tell them to direct all communications to your car accident attorney.

How an Attorney Can Significantly Impact a Kentucky Car Accident Claim

Successfully handling a pre-existing condition claim is not a DIY project. It requires legal and medical sophistication. A dedicated car accident lawyer in KY is not just helpful; they are essential.

Some of the ways in which your attorney will be of great assistance include:

• Take Control of the Narrative: They will frame your case correctly from the start, presenting the pre-existing condition in the proper context and focusing on the aggravation caused by the at-fault driver.
• Manage All Communications: They will handle all interactions with the insurance companies, protecting you from their tactics.
• Gather and Analyze Evidence: They know precisely what medical records, imaging reports, and expert testimony are needed to draw a clear line between your old condition and the new harm you have suffered.
• Accurately Calculate Your Damages: They will account for the full scope of your losses, including the future costs associated with a permanently worsened condition.
• Fight for You: Whether through skilled negotiation or, if necessary, litigation in a Kentucky court, they will fight to secure the maximum compensation you are owed under the law.

Having a pre-existing condition does not disqualify you from justice. It simply means the stakes are higher and the need for expert legal representation is more urgent.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

Don't let an insurance company use your medical history to intimidate you out of the compensation you deserve. If you were injured in a car accident in Kentucky and are concerned about how a pre-existing condition will affect your claim, you need an advocate who understands the challenges and knows how to win.

At Brandon J. Broderick, Attorney at Law, we have extensive experience representing clients with complex injury claims. We know the tactics insurers use, and we know how to counter them. Contact us today for a free, no-obligation consultation to discuss your case. Let us handle the legal battle so you can focus on what matters most—your recovery.