Another Question since noone can answer the previous one

[Bewildered]

When a person sustained TBI and other injuries that permanently disabled them. And another accident happened, to worsen the brain impairments and acute exasberation of pain, and cause neck vein distention. What is the law on a pre existing injury from a prior auto accident, at the time another auto accident happens? Should I take what the insurance co offers and be done with it, or is this worth fighting in court?

 

[prairielaw3]

Generally, under the law, if a person is negligent or careless, they are responsible for the harm caused. That means that a plaintiff has to prove both negligence and that the negligence caused the injury for which compensation is sought. One can only be liable for the harm caused by the negligence. Thus, if a person already had a problem or an injury, then the negligence would not have caused that harm. Typically, your ability to prove this will depend on the strength and the opinions of your treating docs. However, even if a person had a problem previously, and the negligence made it worse or aggravated the injury or condition, then, if the doctors will support it with the testimony that proves the aggravation and if the jury believes the testimony, then the defendant can be liable (not for the whole injury) but for the degree that the negligence aggravated the injury. So often these issues are raised in these cases; in fact, they are more common than not. It is, therefore, to a great degree, often dependant on the ability of the treating doctors to prove that the prior problems are totally different or to separate the injuries; it will therefore ultimately depend o what the treating docs will say.
George Senteney
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[Papa's oldest]

Mr. Johnson at tbilaw.com- take a look at the site, read it all, and get as much information as you can, even if not in Minn, your questions should be easy for him. He's devoted... TBI, my dad's in a coma now, after being told nothing showed on MRI, C-T, EEG,
My family's been in upheavel since January, and there was a prior injury, read 'paula22' question, on -family law-. You may be in for a battle, sometimes, he was okay, sometimes he was 7 years old.
get as much information as you can, write it down, you may forget later. take care. John

 

[Tracey]

This is a significant injury -- don't try to settle it yourself. Get a lawyer.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.