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

If the injured party had a pre-existing brain injury, it could complicate matters in Kansas. Dependent on the severity of the injury, the laws in Kansas may not be able to help the injured party to recover any substantial damages. Some states may operate on a “modified comparative negligence” rule, where the state lowers the percentage of fault assigned to the injured party if the injury was worsened by a pre-existing injury. In Kansas, however, the court may use the “51% Bar Rule”, which means that the injured party cannot recover for their injury if they are found to be 51% or more responsible for causing the injury. This means that if the injured party had a pre-existing brain injury that was aggravated by the incident, they could be found at fault for the worsening condition and would be unable to recover damages. In addition, if the pre-existing injury had already been taken into account in a settlement or court verdict in a prior case, the court may be barred from considering that same factor again. This is known as the “collateral estoppel” doctrine, and it prevents the same party from re-litigating the same issue in a new case. If the injured party had already been compensated for the pre-existing injury, the court may be barred from considering it when deciding how much to award the injured party in a new case. Overall, having a pre-existing brain injury in Kansas can significantly complicate a case and make it hard for the injured party to recover any substantial damages. It is important to get the advice of an experienced brain injury lawyer in Kansas to make sure that your rights are protected.

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

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