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

If the injured party had a pre-existing brain injury, New York law requires that any damages awarded in a lawsuit must be based on the injury caused by the defendant’s negligence or wrongful act. This means that a jury must determine the extent of damages the plaintiff is entitled to and what portion of those damages, if any, were caused by the earlier brain injury. The injured party’s health condition prior to the injury is one of the factors that a jury must consider when assessing the extent of damages to award the plaintiff. This means that the plaintiff will need to prove how the pre-existing brain injury affected their condition after the injury caused by the defendant. For example, if the pre-existing brain injury caused an impairment such as a reduction in cognitive abilities, then the plaintiff must be able to prove how the injury caused by the defendant worsened the pre-existing disability. The injured party must also prove that any medical care or treatment received was due to the injury caused by the defendant and not due to the pre-existing brain injury. This means any medical bills incurred as a result of the injury caused by the defendant must be presented as evidence in the case. Furthermore, any suffering and mental anguish experienced by the injured party must be caused by the defendant’s negligence and not by the pre-existing brain injury. In order to prove this, the plaintiff must demonstrate that the injury caused by the defendant had a greater impact than the pre-existing injury. Ultimately, in order to be awarded damages in a brain injury lawsuit, the injured party must be able to prove that the injury was a result of the defendant’s negligent or wrongful act and how the pre-existing injury affected the outcome of the injury caused by the defendant.

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

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