How Pre-Existing Conditions Impact Kansas Personal Injury Cases

Most people understand that pre-existing health conditions can impact insurance policies and claims but how do pre-existing conditions affect personal injury cases in Kansas?

Insurance companies frequently claim that a person suffers from “pre-existing conditions” to avoid or reduce personal injury payments, so it’s important to understand the strategies used—and how to prevent these strategies from reducing the compensation you receive.

Even if you do have a pre-existing condition when you are involved in an accident, it does not prevent you from claiming your rightful compensation.

A claimant’s medical history affects a personal injury case—and this includes any records of prior injuries, chronic health conditions or mental health conditions that existed before the accident occurred.

Insurance companies treat pre-existing conditions seriously. A common strategy is to meticulously search a claimant’s medical records to try to find evidence that an injury, chronic health condition or mental health condition already existed. Loss adjusters then claim that the injury or pain you experienced was not caused by the accident. This can reduce the potential payout unless you counter the insurance company’s argument with solid evidence.

Examples of pre-existing chronic health conditions

• Cancer
• Epilepsy
• Heart disease
• High blood pressure
• Arthritis
• Asthma
• Migraines

Examples of pre-existing mental health conditions

• Anxiety
• Depression
• PTSD

Examples of pre-existing injuries

• Bone fractures
• Neck pain
• Sprains and strains
• Traumatic brain injuries (TBIs)
• Back injuries, e.g., herniated discs

The main goal of insurance companies is to protect the interests of shareholders. This is in direct competition with the interests of accident victims, who often face reduced payouts because of so-called pre-existing conditions.

Unless the claimant presents firm evidence, the insurance adjusters may argue either that the post-accident symptoms are tied to an old condition or try to downplay the severity of the injuries by arguing that a person who suffered from a pre-existing condition should not be compensated as much for the pain, suffering, or physical limitations they face after an accident as someone who experiences an acute, i.e. brand new injury.

Sometimes, this is plainly untrue. Even if a claimant does have a particular health condition or past injury, the high-impact forces involved in many types of accidents can aggravate the condition or cause other related conditions for which substantial compensation may be payable.

However, it may take the skills of a personal injury lawyer to help prove negligence and recover a fair payout that fully compensates you for your injuries and damages.

The “eggshell plaintiff” rule protects accident victims with pre-existing conditions. Under this rule, an individual or company responsible for harm caused by an accident must accept the victim as they are, regardless of their medical history or disability.

Therefore, negligent parties cannot avoid responsibility or limit the liability for accident injuries simply because the victim is more fragile than the average human being.

The “eggshell plaintiff” rule does not award compensation for pain or discomfort that remains the same after an accident but it will allow compensation for the aggravation of a pre-existing condition and any new injury or harm triggered by the accident.

Example of a compensable worsening condition

Say you have hip pain due to arthritis. You are involved in a car accident that leads to significantly more pain, swelling, and joint stiffness, accelerating the need for injections and a hip replacement operation that was not recommended previously by the medical professionals who checked you.

The costs of the operation, other related treatment, and any temporary or permanent loss of quality of life should be recoverable under the “eggshell plaintiff” rule.

After an accident, seeking an immediate and comprehensive medical checkup is essential. This will highlight potential new injuries from the accident AND provide valuable evidence of the exacerbation of any pre-existing condition.

In the hands of a seasoned personal injury lawyer, comprehensive medical records become a powerful tool for proving liability and pushing for the maximum compensation available for a victim based on the deterioration of a condition or a new injury. If the insurance company challenges the claim(s), your lawyer may also call upon expert medical testimony to support the arguments.

Victims should also keep a journal of how their symptoms deteriorate after the accident, as this can be used as evidence to support the changes in pain, suffering, and limitations that occurred because of the accident, and provide a clear “before and after” picture for the judge or jury to evaluate the impact of the accident on your life, regardless of any pre-existing condition.

After an accident, when talking with the police or receiving medical checkups and legal advice, it is important to be open and honest about your situation with the professionals you deal with. You need a consistent story with no irregularities. Otherwise, the insurance company may identify opportunities to delay or reduce payments.

Most importantly, after an accident, seek a prompt checkup and explain every detail about your injuries and any side effects to a medical professional.

Under Kansas personal injury law, accident victims can seek compensation for conditions that have worsened due to an accident caused by another party’s negligence or wrongdoing.

The two main types of compensation available are:

• Economic losses: Payments for treating a worsening condition, including for therapy, surgery or medication, as well as lost income if the condition prevents the ability to work.
• Non-economic losses: Victims can be compensated for the additional pain and suffering caused by the accident from the worsening condition.

After an accident, simply recovering from your injuries and staying positive can be challenging. It helps to have a supportive family—but also the support of an experienced personal injury lawyer, who can look after the legal side of things for you.

Pre-existing conditions complicate personal injury cases, and few people are equipped to deal with the complexities when it comes to proving negligence, how a pre-existing condition has changed or worsened following an accident, and liability.

Personal injury lawyers are ready for the strategies used by insurance companies to minimize payouts and will conduct a thorough investigation into the accident and your medical history to increase your chances of securing the compensation you deserve.

Your attorney will work with the relevant medical professionals to collect evidence and present a coherent argument for compensation due to the worsening of a medical condition to the insurance company. The attorney can help by liaising with the adjusters, negotiating terms in your best interests, and commencing litigation if necessary to protect and assert your legal rights.

If you’re in the Topeka area, speak to a personal injury lawyer at Irigonegaray & Revenaugh during a free case evaluation. We will advise you of your legal options and assess how best to claim the compensation you deserve.