What if a pre-existing condition is aggravated by a brain injury?
When a person has a pre-existing condition and they get a brain injury, they may be eligible to receive compensation if their injury is made worse or aggravated by the brain injury. In Washington, the law concerning these types of injuries is known as Brain Injury Law. Under Brain Injury Law, compensation is available if the injury was caused by another person or entity’s negligent or wrongful conduct. This includes medical malpractice, hazardous conditions, and motor vehicle accidents. Before compensation is awarded, it must be proven that the pre-existing condition was indeed made worse in some way as a result of the brain injury. Additionally, if a person sustained an injury before their brain injury and the injury was still present when the brain injury occurred, it may still be compensable under Brain Injury Law if the injury was aggravated by the brain injury. It is important to note that if a person did not seek treatment for their pre-existing condition prior to their brain injury, this might weaken their case. If you or someone you know has been injured and has a pre-existing condition that was made worse by a brain injury, you should talk to a lawyer to see if you may have a case. A lawyer can help you understand the law and your rights, as well as how to make a claim for compensation.
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