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

If an injured party in Washington has a pre-existing brain injury, the law dictates that the party must prove that the brain injury was worsened as a result of the incident or accident. The severity of the pre-existing brain injury must also be proved, and the law states that any recoverable damages must be based on the difference between the pre-existing brain injury and the new one caused by the incident or accident. In the state of Washington, pre-existing brain injuries have to be proven both in terms of severity and the effect of the current injury relative to the existing one. The law permits compensation only for the amount of damages caused beyond the existing condition, meaning that the new injury is required to be considered as “worsening” the pre-existing injury in some way. For example, if a person with a pre-existing mild brain injury sustained a traumatic brain injury in the course of an accident, they might be eligible to receive compensation for the difference between a mild and a traumatic injury. In the case of a pre-existing brain injury, an injured party must provide evidence to prove that their injury was worsened as a result of the incident or accident. This may include medical documents and records from before and after the accident, as well as expert testimony from a medical professional. If the injured party is able to meet the burden of proof and demonstrate that their pre-existing brain injury was worsened as a result of the incident or accident, they may be awarded compensation for their injuries.

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

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