What if a pre-existing condition is aggravated by a brain injury?

If a pre-existing condition is aggravated by a brain injury, Arkansas law may entitle the individual to pursue legal action and receive compensation. In Arkansas, a plaintiff can be awarded damages so long as they can demonstrate that the defendant’s negligence caused them to suffer a brain injury. In cases where a pre-existing condition was aggravated, a plaintiff must show that the injury would not have occurred without the negligence of the defendant. For instance, if an individual suffered from cerebral palsy before a car accident and the accident caused the individual to suffer a brain injury, then the individual may be able to sue the negligent driver for damages. The individual must demonstrate that the brain injury would not have occurred without the driver’s negligence, which aggravated their pre-existing condition. In Arkansas, a plaintiff can recover compensation for all economic and non-economic losses related to the injury. Economic losses include medical expenses, lost wages, and other out-of-pocket expenses. Non-economic losses include pain and suffering, emotional distress, and loss of enjoyment of life. It is important to remember that a pre-existing condition does not necessarily prevent an individual from recovering damages from a negligent party. An individual may still be entitled to substantial compensation if they are able to demonstrate that the Defendant’s negligence caused them to suffer a brain injury that aggravated their pre-existing condition.

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What if a pre-existing condition is aggravated by a brain injury?

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