If I’ve had mild traumatic brain injuries in the past, can I still recover damages for a new injury?

A previous TBI can't be used to deny your claim.You’ve probably heard phrases like “pre-existing conditions” get tossed around on TV shows and in the news, and that may leave you thinking you can’t seek compensation if you suffer more than one brain injury. Thankfully, that’s not actually true. The law is on your side if you’ve been hurt in multiple accidents, although there are unique challenges in this sort of situation that an attorney will need to walk you through.

Legal and Physical Consequences of Multiple TBIs 

Lawsuits from victims of multiple injuries are sometimes referred to as involving the “eggshell plaintiff” or “eggshell skull” rule. This essentially means that due to a previous accident, you were more likely to be injured again in the future.  

Here’s the simple truth to understand—just because you were harmed in the past and were susceptible to additional injuries down the line doesn’t mean people are allowed to behave negligently. If you suffered another traumatic brain injury, whether from a car crash with a distracted driver or by slipping and falling when a store manager didn’t handle a problem, you can still seek compensation. 

In fact, it is particularly important to pursue your legal right to recover damages after multiple injuries, as repeated TBIs—even mild ones—can result in serious cognitive and behavioral changes. Repeat mild traumatic brain injuries are often associated with mood disorders and difficulties with memory that may prevent you from working and drastically interfere with your daily life. In more serious cases, they can also cause problems with your vision and ability to communicate.

Cases involving plaintiffs who have experienced TBIs in the past can be more difficult to win, however, because you will need to show: 

  • How your previous injury made you susceptible to further harm
  • That your current medical costs and loss of wages stem from this new accident
  • Proof that the at-fault party behaved with negligence, whether by driving under the influence, failing to fix broken steps, or some other behavior 

An attorney is absolutely critical to this process and can help by utilizing medical records, police reports, and eyewitness testimony to provide compelling evidence in a lawsuit.

Have You Suffered More Than One Traumatic Brain Injury?

Even if you’ve been injured in previous accidents, you still have a legal right to hold the negligent party in any new accident responsible for your costs. We’d like to hear more about your case to find out if we are the right fit to help you pursue legal action—send us the basic details of your situation today.