How Pre-Existing Conditions Affect Personal Injury Cases in Kansas

Many people believe they can’t file a personal injury claim in Kansas if they have a pre-existing condition.

But that’s not true.

In reality, Kansas personal injury law recognizes that a new accident can make prior injuries worse. So you might still be entitled to compensation for an injury aggravation claim.

Understanding how a pre-existing condition affects your personal injury claim in Kansas is essential to protecting your rights.

In this blog, we explain how these factors affect Kansas personal injury claims, as well as what you can do to strengthen your case from the start.

To discuss your specific claim with an experienced personal injury attorney in Kansas, contact Phalen Law today and schedule your free consultation.

What counts as a pre-existing condition for personal injury in Kansas?

A pre-existing condition is any injury, illness, or medical issue that existed before the accident in question.

Insurance companies often focus on these conditions when evaluating personal injury claims.

But contrary to popular belief, having a pre-existing condition doesn’t automatically disqualify you from receiving injury compensation.

Common examples of pre-existing conditions include:

Prior back or neck injuries: Previous injuries caused by strains, herniated discs, or whiplash that may flare up after a new accident
Arthritis or degenerative joint disease: Wear-and-tear conditions that cause joint stiffness or inflammation, often worsened by trauma
Old fractures or dislocations: Previously broken or displaced bones that can become painful or unstable again after impact
Chronic pain or nerve damage: Ongoing discomfort or neuropathy that can intensify with new injuries
Repetitive strain injuries (such as carpal tunnel syndrome): Conditions caused by repetitive movements that may be aggravated by new physical trauma
Prior concussions or traumatic brain injuries: Earlier head injuries that can make the brain more vulnerable to additional harm
Previous surgeries or soft-tissue injuries: Scar tissue or weakened areas that are more easily reinjured
Long-term conditions like fibromyalgia: Chronic pain syndromes that can flare up when the body experiences new stress or injury

Dormant vs active conditions

When it comes to personal injury claims, the key question isn’t whether you have a pre-existing condition.

It’s whether that previous injury was dormant or active at the time of your accident.

A dormant condition is an old injury or illness that wasn’t causing pain or limiting your activities before the new accident. If the collision or incident reactivated that problem and made your symptoms reappear, you can seek compensation for aggravation of an injury under Kansas law.

An active condition is one that was already causing symptoms or required ongoing treatment before the new injury. Even then, you can still recover damages if your medical records show the accident made your condition measurably worse. That could be by increasing pain, limiting mobility, or requiring additional medical care.

Hiring a personal injury lawyer can help you gather the evidence you need to prove aggravation or worsening of a pre-existing condition.

For more information, follow our complete checklist for filing a personal injury lawsuit in Kansas.

Why insurers focus on your medical history

After you file a personal injury claim, one of the first things the insurance company will do is look for evidence that your injury isn’t new.

They do this by requesting access to your medical records. And they sometimes go back years to find any mention of pain or treatment in the same body area you’ve injured now.

From the insurer’s perspective, the more they can link your current symptoms to a pre-existing condition, the less money they have to pay.

So their goal is to find evidence that:

Your pain or limitations existed before the accident; or
The accident caused only a minor, temporary flare-up rather than a serious new injury

That’s why it’s so essential to hire an experienced personal injury attorney.

At Phalen Law, we know the tricks and strategies insurers use to downplay your injuries and reduce your personal injury settlement. And we know how to defend you against them.

With our support, you can prove that your pre-existing condition was aggravated by your new injury.

That way, you can win the compensation you deserve and make the fullest possible recovery without unnecessary financial stress.

Kansas law on aggravation of pre-existing injuries

The eggshell plaintiff rule

Kansas law recognizes that not everyone starts with a perfectly clean bill of health.

Under what’s known as the ‘eggshell plaintiff rule’, negligent parties must take the victim as they find them.

So even if you’re more susceptible to injury than the average person, the at-fault party is still fully responsible for the harm their actions caused.

That remains true even if a healthier person might not have been hurt so badly.

Compensation for injury aggravation

It’s important to remember that you can only recover compensation for additional harm caused by the aggravation of a pre-existing injury. You can’t claim for the old injury’s entire history.

This can make cases more complex, as it often requires separating what symptoms came before the accident and what developed after.

To determine fair compensation for a pre-existing injury during a personal injury claim in Kansas, several factors come into play. These include:

The degree of change in your condition: How much worse your pain, mobility, or overall function became after the accident
Additional medical treatment required: Whether the accident led to new therapy, surgery, or medication that wouldn’t have been needed otherwise
Impact on your daily life or work: If the aggravation caused new limitations or affected your ability to earn a living
Medical expert opinions: Doctors may need to provide written reports or testimony clarifying how much of your current condition is due to the recent injury versus your prior health status

However, you must also be careful not to accept a settlement too early.

That’s because the full extent of your aggravated injury might not be clear right away.

Waiting until your doctor can accurately document the difference between your old and new conditions helps ensure your settlement reflects the true cost of recovery.

Proving aggravation vs reappearance

Your ability to demonstrate aggravation of a pre-existing injury comes down to the quality of your evidence, including:

Comparative medical records: Reports, scans, or doctor notes help you provide the differences in your condition before and after the accident
Expert medical testimony: Doctors or specialists can explain how the trauma from your accident likely caused new or worsened tissue damage rather than a natural flare-up
Functional evidence: Documentation of how your ability to work, exercise, or perform daily activities declined after the injury
Consistent symptom reporting: Regular updates to your doctor or a symptom journal can help prove that your post-accident pain or limitations are genuine and ongoing

In Kansas, you hold the burden of proof.

But don’t be alarmed.

The law focuses mainly on causation.

So you don’t have to prove your prior condition disappeared before the accident.

You only need to show that the new event caused a real, identifiable worsening of health.

Find out more: Kansas personal injury fact sheet: What you need to know

How insurance companies use pre-existing conditions against you

Insurance companies often treat pre-existing conditions as a way to minimize payouts, even when the current accident clearly worsened an old injury.

Recognizing these tactics is the first step to protecting yourself against them.

Denying claims based on unrelated past injuries

Insurers frequently comb through your medical records, prior treatments, and previous diagnoses looking for past injuries, even those unrelated to your current claim.

They use these to argue that your current pain or limitations are the result of these old injuries rather than the accident in question.

By shifting focus to unrelated conditions, they create doubt about your claim.

This makes it harder to prove that your recent accident caused additional harm.

Claiming current pain isn’t related to the accident

Even if they can’t justify insurance denial, insurers might still use your medical history to suggest your current suffering isn’t linked to the accident.

This strategy can reduce their liability and influence the settlement negotiations or court proceedings.

The key for insurers is to frame the situation as a natural progression of an old condition rather than recognizing the aggravation caused by new trauma.

This gives them a reason to offer you as small a payout as they can get away with.

Abusing delays and low settlement offers

Insurance companies often review years of medical records, request multiple evaluations, and challenge the connection between the accident and your injuries just to prolong investigations.

These delays also tend to come with low settlement offers based on the argument that part of your injury existed before the accident.

This tactic can pressure claimants to accept far less than their fair share, especially if they lack trusted legal representation.

If you fall victim to this trap, you might continue to face ongoing medical bills and lost wages long after your compensation money runs dry.

Keep reading: How to pay bills while waiting on a settlement

Building a strong case with a pre-existing condition

The importance of medical records before and after the injury

Records from before your accident establish your baseline health, showing what symptoms or limitations existed previously.

Those from after the accident highlight changes in your condition such as new injuries, increased pain, or additional treatments.

By comparing these two sets of records, it becomes clear that your accident caused a worsening of your pre-existing condition, not just a temporary flare-up.

Expert medical opinions explaining aggravation vs reappearance

Doctors, specialists, and other qualified health professionals can provide opinions on how the accident likely contributed to your condition.

Their evaluations give your claim credibility. And they prove the causal link between the accident and your current condition to insurance companies and courts.

These opinions are often decisive in demonstrating that your current limitations are aggravations rather than reappearance of old conditions.

Keeping detailed documentation of new symptoms and treatments

Writing down changes in pain levels, mobility, and daily activities creates a clear timeline of aggravation.

Detailed documentation also helps show the tangible impact the accident has had on your life beyond what’s recorded in medical charts.

Over time, this evidence can illustrate the progression of your condition and strengthen your case for fair compensation.

Why you need a Kansas personal injury lawyer

Navigating a personal injury claim with a pre-existing condition can be quite complicated.

You need to prove that there’s a substantial difference in your condition before and after the accident.

And you’ll need to deal with the aggressive tactics of insurance companies looking to minimize your payout.

That’s why it’s essential to have an experienced personal injury attorney on your side to protect your right to compensation.

Phalen Law brings over 50 years’ experience in handling personal injury cases for claimants with pre-existing conditions throughout Kansas and Missouri.

We help our clients:

Present clear, organized evidence showing how an accident aggravated a prior injury
Demonstrate the real impact of injuries on daily life, work, and long-term health
Advocate for full, fair compensation for medical bills, lost wages, pain and suffering, and other damages
Negotiate firmly with insurance companies to agree a suitable out-of-court settlement
Defend claims in court if negotiations and alternative dispute resolution methods aren’t successful

Our attorneys have an intimate knowledge of personal injury law in Kansas. And we’re familiar with all the tricks insurance companies use to take away your rightful compensation.

With our support, you can have confidence in building the strongest possible case and giving yourself the greatest chance to receive maximum compensation for your injuries.

File a personal injury claim with Phalen Law

Having a pre-existing condition doesn’t prevent you from filing a personal injury claim in Kansas.

But it’s likely that insurance companies will use these conditions against you to reduce the payout you’re entitled to.

With Phalen Law on your side, you can ensure your injuries are fairly recognized and compensated.

So if you or a loved one has been injured, don’t let insurers take advantage of your medical history.

Call us now toll-free or fill out our Free Case Evaluation form online to give us the details of your case.

How pre-existing conditions affect your personal injury case in Kansas