A traumatic brain injury, also known as a TBI, can be caused by a forceful bump, blow, or jolt to the head or body, or from an object that pierces the skull and enters the brain. TBIs are life-altering occurrences that can result from a variety of situations, such as accidents, falls, and sports-related incidents. However, what happens if you have a pre-existing medical condition, and you sustain a TBI? Are you eligible to pursue a claim for compensation?
Understanding Traumatic Brain Injuries
Understanding TBI claims can be complex, but it is essential to understand the nature of TBIs. A TBI is a form of acquired brain injury that results from an external force, causing damage to the brain. TBIs can have a wide range of symptoms and consequences, from mild concussions to severe, life-altering injuries. These injuries can lead to cognitive impairments, physical disabilities, and emotional trauma, making it crucial for those affected to seek compensation for their losses.
Pre-Existing Medical Conditions
Many individuals have pre-existing medical conditions before they experience a traumatic brain injury. It’s just life; the longer you live, the more likely you are to experience various difficulties with your health. These pre-existing conditions may include epilepsy or seizure disorders, chronic headaches like migraines, mental health conditions such as depression or anxiety, and neurological conditions like multiple sclerosis or Parkinson’s disease.
Legal Considerations in TBI Claims with Pre-Existing Conditions
When pursuing a TBI claim with a pre-existing condition, there are two critical legal considerations come into play:
1. Causation: The key to a successful TBI claim is establishing that the TBI resulted directly from the incident in question and not solely due to the pre-existing condition.
2. Aggravation of Pre-Existing Condition: Demonstrating that the TBI exacerbated the pre-existing condition or caused new, distinct injuries.
Causation in TBI Claims
Proving the cause of a traumatic brain injury (TBI) is crucial in personal injury cases. To win a TBI claim, it’s essential to show that the TBI was a direct result of the incident that led to the claim. However, things could get complicated if the injured person had a pre-existing condition. In such cases, the responsible party might argue that the TBI was mainly due to the pre-existing condition rather than the incident itself.
In cases like these, it is crucial that you gather medical proof and seek the advice of experts to show how the injury is connected to the accident. Doctors and specialists can explain how the injury happened and differentiate it from any previous conditions. This expert input is vital in confirming that the traumatic event did cause the injury.
Aggravation of Pre-Existing Conditions
Furthermore, if the TBI exacerbated a pre-existing condition or caused new, distinct injuries, you may still be eligible to pursue a claim. For instance, if someone with a pre-existing seizure disorder sustains a TBI that intensifies the frequency and severity of seizures, it may be possible to seek compensation for the aggravated condition and the additional medical expenses incurred.
It’s crucial to realize that having a pre-existing condition does not automatically disqualify you from pursuing a TBI claim. Courts consider various factors when determining liability.
The key steps in pursuing a TBI claim with a pre-existing condition are as follows:
1. Seek Immediate Medical Attention: Following any traumatic incident, it is crucial to promptly seek medical attention. Document all medical assessments and treatments, as these records will play a pivotal role in your claim.
2. Consult with Legal Counsel: Reach out to an experienced personal injury attorney who can evaluate the specifics of your case and offer guidance on the most suitable course of action.
3. Preserve Evidence: Gather and safeguard any evidence associated with the incident, such as accident reports, witness statements, and photographs. This evidence will be instrumental in establishing the cause of the TBI.
4. Medical Experts: If you have a pre-existing condition, consult with medical experts who can provide their professional opinions on how the TBI has impacted your overall health and well-being.
5. Maintain Records: Keep a comprehensive record of your medical treatments, expenses, lost earnings, and any alterations in your quality of life resulting from the TBI.
Suffering a traumatic brain injury is a life-altering experience, often leaving victims and their loved ones grappling with immense physical, emotional, and financial challenges. When a pre-existing medical condition is thrown into the mix, the situation can become exponentially more complex. But here’s the important point to remember: having a pre-existing condition should never automatically disqualify you from seeking the compensation and justice you deserve.
The journey to securing a TBI claim in such circumstances may seem daunting, but it is by no means impossible. It starts with detailed documentation of the incident that led to your traumatic brain injury, regardless of your pre-existing condition. Every detail matters.
Moreover, it is crucial to obtain expert medical opinions from professionals who understand the intricacies of both traumatic brain injuries and your specific pre-existing condition. Their insights can make all the difference in persuading the legal system to recognize the gravity of your situation and award the compensation needed to address the full extent of your injuries.
If you or a loved one finds yourselves in this challenging situation, it’s not something to face alone. Seek the legal guidance and support necessary to protect your rights and pursue justice. Your well-being and future well-being depend on it, and you don’t have to bear the burden on your own. The path to justice may be complex, but with the right team by your side, it’s a path worth pursuing for the sake of your recovery, both physically and emotionally, as well as your financial stability.
Call Tona Law for your traumatic brain injury case.
We are equipped with the knowledge and expertise to help you build a strong case tailored to your unique circumstances. We will be your advocates, ensuring your rights are protected and that justice is served. Contact our client-centered practice today.