Traumatic brain injuries can have devastating physical, emotional and financial effects. In Spokane, Washington, residents who suffer TBIs caused by negligence may be entitled to compensation for medical costs, lost income, pain and suffering and long term care needs. This guide explains how brain injuries occur, the symptoms to watch for, how damages are calculated, and the statute of limitations under Washington law.
Can I Sue for a Brain Injury in Washington?
Traumatic brain injuries can happen at any moment and often cause long-lasting effects. In Spokane, Washington, residents who experience a TBI should know their rights, including the Washington medical malpractice laws that may apply if negligence caused their injury. If your situation involves suspected malpractice or another person’s negligence, consulting a brain injury lawyer can help you determine your legal options.
Gilbert Law Firm represents individuals and families in Spokane who have suffered serious injuries, including traumatic brain injuries and wrongful death cases handled by wrongful death lawyers. Acting quickly to get a medical evaluation and legal guidance strengthens both your recovery and your potential claim.
Many people with brain injuries delay treatment. In Spokane, it is crucial to obtain prompt medical care and an accurate diagnosis to protect your health and your case. Understanding brain injury symptoms early and seeking medical treatment after an injury can strengthen both your recovery and any future lawsuit.
Understanding Brain Injuries in Spokane
A brain injury occurs when trauma damages the brain, affecting your physical, emotional and cognitive well being. In Spokane County communities, these injuries arise from many scenarios including falls in public places, medical negligence, sports injuries and workplace accidents.
Types of traumatic brain injuries include:
- Concussions where the brain strikes the inside of the skull
- Hemorrhages and hematomas
- Skull fractures
- Edemas (brain swelling)
- Diffuse axonal injuries
- Anoxic brain injuries (lack of oxygen to the brain)
Symptoms to watch for after any head trauma include:
- Severe headaches or migraines
- Loss of consciousness for minutes or hours
- Bleeding from the ears or nose
- Persistent or worsening headache
- Repeated vomiting or ongoing nausea
- Seizures or convulsions
- Inability to rouse from sleep
Prompt diagnosis is critical. Left untreated, a mild injury can become debilitating and complicate a future lawsuit.
Determining Whether You Have Grounds for a Brain Injury Lawsuit
Filing a lawsuit after a TBI depends on whether another party’s negligence caused your injury. Negligence can occur in many contexts:
- A construction company failing to adhere to safety standards
- A driver involved in a car, motorcycle or truck accident
- A business failing to maintain safe premises leading to slips or falls
- Medical professionals delaying diagnosis or providing substandard care
Questions to consider:
- Have you been evaluated for a brain injury and received a medical diagnosis?
- Does your injury involve long-term impairment, personality changes or disability?
- Was your injury caused by someone else’s negligence?
- Are your losses directly related to the injury (medical expenses, lost wages, therapy, pain and suffering)?
Before accepting any offer, consider the factors that influence settlement offers in Washington so you understand the implications.
Damages, Pain, and Suffering
Compensation for a brain injury varies depending on severity, lost income and ongoing medical needs. Non-economic damages like emotional distress are harder to calculate but can be significant.
Damages can include:
- Current and future medical expenses, including surgery and hospitalization
- Rehabilitation or therapy costs, such as physical therapy, occupational therapy and speech therapy
- Lost wages or diminished earning capacity
- Physical pain and emotional suffering
- Loss of companionship or enjoyment of life
- Costs of long-term care, assistive devices and home modifications
- Mental health treatment for anxiety, depression or post-traumatic stress
Establishing damages often requires medical records, expert testimony and proof of how the injury has impacted your life.
Statute of Limitations for Brain Injury Claims 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. Acting promptly is crucial, as delays can make it harder to gather evidence and establish liability.
Social Media and Your Injury Claim
Insurance companies and defense lawyers often review public profiles for evidence. Posting photos, comments or check-ins can be misinterpreted and used to challenge your claim. Limiting your social media activity during a claim can help protect your case and prevent insurers from misrepresenting your injuries.
Practical tips for handling social media during a claim:
- Make your profiles private wherever possible
- Avoid posting about your injury or case entirely
- Do not post new activities or physical feats that could be taken out of context
- Ask friends and family not to tag you in posts or share your photos
- Review your old posts and remove anything that could be used against you
Being cautious online helps keep your case focused on facts rather than impressions.
Take the Next Step Toward Recovery
If you or a loved one has suffered a traumatic brain injury in Spokane, Washington, you do not have to navigate the process alone. Contact our team today to schedule a consultation and learn how we can help protect your rights and pursue full compensation under Washington law.
Frequently Asked Questions:
- What are the most common causes of traumatic brain injuries in Spokane County?
Traumatic brain injuries in Spokane County frequently result from falls in public places, workplace accidents, youth sports and recreation injuries, vehicle collisions and medical negligence or delayed diagnosis at local clinics. - How soon should I see a doctor after a possible brain injury?
You should seek medical evaluation immediately, even if symptoms seem minor. Prompt diagnosis can prevent complications, ensure your symptoms are documented and strengthen any future claim for compensation. - What types of compensation are available in a Spokane brain injury lawsuit?
Victims may be able to recover current and future medical expenses, rehabilitation costs, lost wages, diminished earning capacity, pain and suffering, emotional distress and costs of long-term care or home modifications. - How long do I have to file a brain injury lawsuit in Washington?
Most personal injury cases, including brain injuries, must be filed within three years of the injury under Washington law. Certain circumstances, such as delayed discovery of the injury, may affect this deadline, so it is important to act quickly. - Can I bring a wrongful death claim if a brain injury caused a family member’s death?
Yes. Washington law allows certain family members to bring a wrongful death action when a traumatic brain injury caused by negligence results in death. This can help recover damages such as funeral costs, lost income and loss of companionship. - How can social media activity affect my Spokane brain injury claim?
Insurance companies and defense lawyers often monitor public social media accounts for evidence. Posts about physical activity, travel or your injury can be used to dispute your claim. Keeping profiles private and avoiding injury-related posts can help protect your case.
