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

If an individual in Tennessee had a pre-existing brain injury prior to the incident that caused additional injury, the amount of compensation they may be entitled to will be affected. This is because the cause of the original injury and preexisting condition must be taken into consideration when determining liability. The law in Tennessee requires that the additional harm inflicted be significant enough to be deemed a new injury, which warrants compensation, instead of simply being considered as a worsening of a pre-existing condition. If the injury was a result of an act of another’s negligence or wrongdoing, the pre-existing condition should not exempt them from the right to compensation. The law recognizes that damages can be awarded for aggravation of a pre-existing injury. The courts will consider whether the additional injury was due to the negligence of another, and then if it was a reasonable enough cause to be considered a new injury instead of just a worsening of the pre-existing condition. The burden is on the injured party to prove that the additional injury was caused by the negligence of another and not due to the natural progression of a pre-existing condition. An experienced personal injury attorney is essential to helping an injured party prove that their additional harm was caused by the negligence of another party and that it warrants compensation.

Related FAQs

What are some of the obstacles faced in a brain injury case?
Are all brain injuries permanent?
Are there any alternative treatments for brain injuries?
What is severe traumatic brain injury (TBI)?
What kind of evidence do I need to prove a wrongful death due to a brain injury?
What are “catastrophic” brain injuries?
What is the difference between a traumatic brain injury and a cerebral injury?
How do I handle the press after filing a brain injury lawsuit?
What is the purpose of a brain injury lawyer?
What is the significance of comparative negligence in a brain injury lawsuit?

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

Related FAQs

Related Blog Posts