This isn’t my first traumatic brain injury. Can I still recover damages in a lawsuit?

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image of brain with the words traumatic brain injuryYes, you can still receive compensation for the injuries you suffered in this accident. The person who caused your current brain injury is responsible for your injury regardless of whether you ever experienced a previous traumatic brain injury.

Repeat Brain Injury Cases Are Complex

While you still have the legal right to recover damages for the injuries you suffered in this accident, you must prove which damages occurred because of this brain injury. The person who caused the car wreck, truck crash, or medical malpractice incident that resulted in your brain injury can only be held accountable for the injuries he caused.

Therefore, medical evidence is essential to proving your claim. Your medical record may show:

  • When you suffered your previous brain injury, what symptoms resulted from that brain injury, what treatment you received, and how your recovery progressed
  • When you were diagnosed with your current brain injury, the symptoms you suffer because of it, and the treatment you are receiving

Other evidence, including your own description of your life before and after your current brain injury accident and the observations of people close to you may also be important.

Be Prepared for Any Brain Injury Defense

The effects of second or subsequent brain injuries are often cumulative. Your injuries may be more significant than they would have been if this brain injury had been your first. That, however, does not absolve the person who caused this brain injury from liability.

Our experienced brain injury attorneys are prepared for the defendant in your current case to claim that your brain injury symptoms are not the result of this accident. We are also prepared for any other defense that may come up in your lawsuit.

Call us today to learn more about how we handle brain injury cases and how we may be able to help you. You have a short amount of time to pursue a claim, and we want to help you get the compensation you deserve. Schedule your free consultation by calling us or starting a live chat with us at any time—24/7/365.

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