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

When a pre-existing condition is aggravated by a brain injury, California law allows the person to pursue legal action and recover damages if they can prove that the injury was a substantial factor in causing or worsening their condition. A substantial factor is an element that is more than negligible or theoretical. In California, a plaintiff must prove a variety of elements in order to prevail in a brain injury case, including that the defendant’s acts or omissions caused the injury, that the injury caused physical, emotional, and/or financial damages, and that the damages resulted in a loss of income, medical expenses, and disability or disfigurement. When a pre-existing condition is aggravated by a brain injury, the injured person must prove that the injury was the substantial factor in causing or exacerbating the condition. Factors that may help support a claim include evidence of the pre-existing condition prior to the injury, the progression of symptoms after the injury, or medical opinions linking the injury to the condition. It should be noted that if a plaintiff’s pre-existing condition is found to be the primary cause of the injury, then the plaintiff may not be entitled to recover damages. A plaintiff’s pre-existing condition may also be used as a defense in a brain injury case, so it is important to discuss the situation with an experienced brain injury attorney to understand the legal implications.

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

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