What if the injured party had a pre-existing brain injury?

If the injured party had a pre-existing brain injury, their legal rights under Maryland law will depend on the circumstances of the accident and any resulting injuries. In cases of negligence, the injured party may be entitled to compensation for any medical expenses or lost wages resulting from the accident as well as for the pain and suffering caused by the injury. However, if the injured party had a pre-existing brain injury, it is likely that their claim will be more difficult to prove and may be limited to damages for the exacerbation of their pre-existing condition. If the injury was caused by intentional misconduct, the injured party may still be entitled to compensation for the damages caused by the accident. However, the amount of compensation awarded will depend on the extent to which the pre-existing brain injury was aggravated by the accident. In cases involving injuries to minors, courts may also consider the possibility that the pre-existing brain injury may have been caused or exacerbated by the defendant’s negligence. Overall, it is important for injured parties to keep in mind that any pre-existing brain injury may limit their legal rights and complicate their case. If they are considering legal action, they should consult an experienced attorney before proceeding. An experienced attorney will be able to evaluate the case and advise the injured party of their legal rights and any strategies that might be available to pursue a successful claim.

Related FAQs

What is “pain and suffering” compensation in a brain injury case?
What types of damages can be recovered in a brain injury lawsuit?
What is severe traumatic brain injury (TBI)?
What is a “loss of enjoyment of life” claim?
Are there any alternative treatments for brain injuries?
Are family members able to file a brain injury lawsuit on behalf of an injured person?
What is the settlement process for a brain injury case?
What is a “loss of earning capacity” claim?
What should I expect during a deposition in a brain injury case?
How do I find a good brain injury lawyer?

Related Blog Posts

Understanding Your Rights in a Brain Injury Lawsuit - July 31, 2023
Navigating the Cost of a Brain Injury Lawsuit - August 7, 2023
The Benefits of Hiring a Brain Injury Attorney - August 14, 2023
Recognizing Signs of Brain Injury After an Accident - August 21, 2023
What You Need to Know About Brain Injury Liability Claims - August 28, 2023