A Petition in Shawnee County District Court usually must be filed within 2 years of the crash under K.S.A. 60-513, and the mistake that sends parents searching this question is waiting while the insurer digs through old MRIs and says the injury was "already there."

That is the trap.

In Kansas, the at-fault driver is still responsible if a crash aggravated a pre-existing condition. Your child does not have to prove they were perfectly healthy before the wreck. The real job is proving the change: worse pain, new limits, more treatment, or a faster decline after the crash.

The best proof is a before-and-after record:

• Pediatric and specialist records from before the crash showing the old baseline
• ER, urgent care, orthopedic, neurology, and physical therapy records from after the crash
• A doctor's opinion using clear language like "aggravation," "exacerbation," or "more likely than not caused by the collision"
• Imaging comparisons if the insurer keeps waving around an old MRI
• School, sports, and activity records showing what your child could do before versus after
• Parent notes about pain, sleep, missed school, mood changes, and new restrictions

Do not let the insurer cherry-pick one old scan and pretend that ends the claim. Old findings are common. What matters is whether the Topeka crash made things worse. If your child was hit on a blind curve, on an e-bike, or in a car wreck reported to the Topeka Police Department or Kansas Highway Patrol on a state highway, get that crash report and match it to the medical timeline.

End-of-year pressure is another trap. Adjusters push fast settlements before renewals and budget cutoffs, especially when they think parents are scared by prior records. Kansas has no cap on non-economic damages in auto or negligence cases, so don't let an old injury be used to discount a real worsening without solid medical proof.