Traumatic brain injuries (TBIs) can happen at any moment and have the power to change the course of your life drastically. Even if you feel fine immediately after a bump on the head or a small car accident, some symptoms may not surface until much later.
If this is the case, you could face overwhelming medical, emotional, physical, and psychological challenges that are not only added expenses but difficult to manage alone.
So, how do you know if filing a lawsuit for your brain injury is the right step?
Knowing your rights by hiring a knowledgeable brain injury lawyer can make all the difference in securing the financial support you need during such a difficult time. At Gilbert Law Firm, we understand how traumatic brain injuries (TBI) can have an impact on your life and well-being. Our dedicated personal injury lawyers in Spokane, Washington, will guide you through the key factors to consider.
What Is a Brain Injury?
A brain injury occurs when a sudden impact, jolt, or trauma causes damage to the brain, which can affect your physical, emotional, and cognitive well-being. According to the U.S. National Library of Medicine, traumatic brain injuries are typically the result of:
- Blunt force trauma (e.g., falls, vehicular accidents)
- Violent shaking or jolts (common in whiplash cases)
- Penetrating injuries (e.g., gunshot wounds)
The most common form of a TBI is a concussion, where the brain strikes the inside of the skull. However, there are several other types of brain injuries, including:
- Hemorrhages
- Hematomas
- Skull fractures
- Edemas (swelling in the brain)
- Diffuse axonal injuries
- Anoxic brain injuries (lack of oxygen to the brain)
Brain injuries can have long-term effects that range from mild headaches to severe neurological impairments. If you suspect a brain injury, seek medical attention immediately, as early diagnosis and treatment are crucial.
How to Know if Your Brain Injury Is Grounds for a Lawsuit in Washington
Below, we’ve outlined some of the essential questions to consider to determine whether you might have grounds for a lawsuit in Washington.
1. Do You Have a Brain Injury?
Sometimes, it’s not immediately clear that you’ve suffered a brain injury. The most common signs to watch for include:
- Severe headaches after trauma
- Loss of consciousness for minutes or hours
- Bleeding from the ears
- Persistent or worsening headache
- Repeated vomiting or ongoing nausea
- Seizures or convulsions
- Inability to rouse from sleep
- Slurred speech
- Weakness in the arms or legs
- Expanded pupils or different levels of dilation in either eye.
- Mental confusion or agitation
- Lack of coordination
- Ringing in the ears
- Loss of sense of smell or taste
Proving these losses can be challenging, especially while dealing with TBI symptoms. That’s why partnering with experienced brain injury attorneys is crucial to safeguarding your rights and securing fair compensation.
2. How Severe Is Your Brain Injury?
In the most severe cases, traumatic brain injuries (or TBIs) can result in the following:
- Loss of cognitive function
- Personality changes
- Permanent disability or death
Suffering a traumatic brain injury comes with real losses, which you can get compensated for. If your injury has significantly reduced your quality of life, there’s a higher chance of receiving compensation.
3. Who or What Caused Your Brain Injury?
To receive compensation for a TBI in Washington, there must be a liable party who owed you a duty of care and violated it. Duty of care refers to a legal obligation to avoid negligent acts that could foreseeably harm others.
If your injury was due to your own acts or negligence, then there is no other liable party, and it’s not worth filing a lawsuit. However, if someone else’s negligence caused your brain injury, they may be held responsible. This could include:
- A construction company failing to adhere to OSHA guidelines
- A driver involved in a car, motorcycle, or truck accident
- A business failing to maintain safe premises, leading to slips or falls
4. What Losses Have You Suffered Due to Your Brain Injury?
If you sustained a severe TBI due to another party’s negligence, consider what specific losses you’ve incurred. To pursue compensation, your losses must directly relate to the accident, such as:
- Current and future medical expenses
- Rehabilitation or therapy costs
- Lost wages or diminished earning capacity
- Physical pain and suffering
- Emotional distress or trauma
- Loss of companionship or enjoyment of life
Proving these losses can be challenging, especially while dealing with TBI symptoms. That’s why partnering with experienced brain injury attorneys is crucial to safeguarding your rights and securing fair compensation.
How Much Compensation Can You Get for a Brain Injury in Washington?
The amount you’ll be compensated for your traumatic brain injury in Washington will depend on factors such as:
- The severity of your injury
- The extent of your losses
- Insurance coverage of the liable party
There’s no standard settlement amount for brain injury lawsuits in Washington, as each case varies based on specific details. The best way to determine potential compensation is by consulting a lawyer.
What Is the Statute of Limitations for Brain Injury Lawsuits in Washington?
Under Washington Revised Code § 4.16.080, the statute of limitations for filing a personal injury lawsuit, including traumatic brain injury cases, is three years from the date of the injury. This means you have three years to file your claim, or you risk losing your right to seek compensation.
However, acting promptly is crucial, as delays can make it harder to gather evidence and establish liability. Speaking with an attorney can help you understand how the statute of limitations applies to your specific situation.
Contact Our Brain Injury Lawyers at The Gilbert Law Firm Today
Pursuing a brain injury claim while recovering from your injuries can be overwhelming. At Gilbert Law Firm, we are dedicated to standing by your side, helping you gather evidence, navigate the legal process, and fight for the compensation you deserve. Our skilled attorneys have years of extensive experience helping individuals navigate similar claims and are committed to ensuring you receive the support and justice you’re entitled to.
To learn more about traumatic brain injuries in Washington State and what you can expect in your case, contact us at 509-321-0750 to speak to our experienced personal injury attorneys at The Gilbert Law Firm.
