Insurers love this line: “Your pain isn’t from the crash—it was already there.” In Kentucky, that doesn’t end your case. If a collision aggravates a condition or activates a dormant one, the at-fault party is still responsible for the harm they caused. And even on the no-fault (PIP) side, your insurer must pay timely when you send reasonable proof—they can’t stall just because you had prior care.
Below is a plain-English playbook for defeating the “pre-existing” argument, with the exact proof we build, how we control record requests, and the Kentucky rules behind you.
Kentucky law in one minute (why “pre-existing” isn’t a deal-breaker)
- Eggshell (thin-skull) rule, applied: A defendant takes the injured person “as they find them.” If negligence worsens a fragile or previously asymptomatic condition, the defendant is liable for the full harm caused by that aggravation—not some “average” injury.
- Aggravation/activation is compensable: Kentucky decisions recognize recovery when a crash aggravates a pre-existing condition or activates a dormant one; juries must evaluate medical expenses and harms related to the accident, not pretend the first $X “doesn’t count.”
- PIP must still pay on time: Under Kentucky’s MVRA, PIP/BRB benefits are payable monthly as loss accrues and become overdue at 30 days after the carrier receives reasonable proof—with 12% interest (or 18% if the delay lacked a reasonable foundation) for late payments.
How we win “pre-existing” fights (step-by-step)
1) Lock down the timeline
We build a clean, visual timeline: before → crash → after. If you were symptom-free or managed without limits pre-crash, and now you have new frequency, intensity, or functional limits, that’s causation.
What we collect
- Pre-crash baseline (concise): last 12–24 months for the same body region, showing status and activity level.
- Post-crash records: treating-provider notes (mechanism of injury, exam findings), work restrictions, therapy notes.
- ADL/work journal: short daily log of pain, sleep, screen tolerance, lifting, and missed work (ties to provider notes).
2) Get the doctor narrative right (not just radiology)
Normal or “degenerative” imaging is common—especially for neck/back and concussion—but clinical findings drive these cases: objective exams, functional limits, and consistent treatment. We ask treating providers to spell out:
- Diagnosis (e.g., “aggravation of cervical spondylosis with new radicular pain”),
- Mechanism link (why this crash plausibly worsened it), and
- Restrictions (what you can’t safely do at work/home now).
Courts and adjusters give real weight to longitudinal treating notes over single-slice imaging.
3) Separate old you from new you
We highlight what changed: fewer miles at work, new lifting limits, new headaches, new vestibular issues, or now you need injections/PT you didn’t need before. That delta is the aggravation the law compensates.
4) Control the records dragnet
Insurers often ask for “all medical records since birth.” Nope. We tailor the release: prior records for the same region/symptoms and a reasonable look-back (usually 2–5 years unless there’s a specific history). We’ll object to fishing expeditions and produce what’s relevant and proportional.
5) Turn on PIP (and enforce the 30-day clock)
For wage loss and medical bills, we submit a reasonable-proof packet: medical notes tying causation, bills/coding, and wage proof. If the carrier stalls, interest (12%/18%) accrues and fees may be available for unreasonable denials.
What actually goes in damages (aggravation cases)
- Medical expenses related to the accident, even if part of that spend treats a worsened pre-existing condition.
- Pain and suffering reflecting the increase from baseline.
- Lost wages and, if limits persist, diminished earning capacity (proved with vocational and wage data).
- Future care reasonably necessary because the condition is now worse.
Common insurer arguments—our answers
- “Imaging shows degeneration.” Age-related findings are common and often asymptomatic pre-crash. The question is whether the crash lit up a quiescent condition or accelerated symptoms and limits; treating-provider notes and function prove that.
- “You had treatment before.” Prior care doesn’t bar recovery; we show the delta in frequency/intensity and the new functional limits. Kentucky juries are instructed on aggravation specifically.
- “We need every record you’ve ever had.” We produce relevant history (same body region/reasonable window) and push back on harassment.
- “PIP won’t pay until we sort it out.” That’s not how the MVRA works—30 days after reasonable proof or interest runs.
What you can do right now (client checklist)
- Keep a daily ADL/work log (5 minutes).
- Ask your doctor for clear work/activity restrictions in writing.
- Gather a pre-crash snapshot: last year’s wellness/ortho/PCP notes showing baseline.
- Save pharmacy receipts, PT attendance, and missed-work calendars.
- Don’t sign blanket authorizations—let us tailor scope to what’s relevant.
How Morrin Law Office handles “pre-existing” cases
- Timeline & baseline: we create a simple before/after chart any adjuster (or juror) can follow.
- Physician-led causation: we work with treating providers to write clear aggravation/activation narratives.
- PIP now, tort later: we get PIP flowing (and enforce the 30-day rule) while we build the full tort case.
- No fishing expeditions: we narrow record scope and protect your privacy.
- No upfront fees: free consultation; contingency fee (we’re paid only if we recover).
References & Further Reading
- Eggshell plaintiff rule (general explainer). findlaw.com
- Drury v. Spalding, 812 S.W.2d 713 (Ky. 1991) — jury must consider all accident-related medical expenses when there is activation/aggravation of a pre-existing condition (threshold context). Justia Law
- Kentucky MVRA — KRS 304.39-210 (PIP payable monthly; overdue at 30 days after reasonable proof; 12%/18% interest/fees for unreasonable delay). Legislative Research Commission
Practical PIP timing summaries (consumer-facing restatements). Steiden Law
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