Understanding Traumatic Brain Injury Claims in Washington State

A Traumatic Brain Injury (TBI) refers to a sudden harmful event that damages the brain. Traumatic brain injuries are typically caused by an outside force, such as a blow to the head or a car accident. A TBI can be debilitating and may lead to lifelong disabilities that require long-term, expensive medical care and treatment.

If you or a loved one experienced a TBI because of someone else’s negligence, you and your family may be entitled to compensation. Herron Law Office, PLLC, will fight for the financial compensation you deserve and work to hold the responsible parties accountable for the harm they caused.

Signs and Symptoms of Traumatic Brain Injuries

Many traumatic brain injuries are caused by a traumatic event, but diagnosing TBI is not always straightforward. Common symptoms of TBI include:

• Headache
• Dizziness
• Confusion
• Difficulty remembering things
• Difficulty concentrating
• Fatigue
• Difficulty sleeping
• Sensitivity to light
• Blurred vision
• Double vision
• Irritability
• Sudden mood changes
• Depression
• Tinnitus (ringing in the ears)
• Nausea
• Getting lost or confused
• Slowness in thinking

Causes of TBI

A traumatic brain injury is actually a two-part event. During the “primary event,” the brain moves violently inside the skull. The brain strikes the inside of the skull, causing bruising and bleeding of the brain and tearing of nerve fibers. Someone who experienced a TBI may not remember the traumatic event and may experience confusion, blurred vision, dizziness, and loss of consciousness. They may initially appear fine, but their condition could deteriorate quickly.

After the primary event, the brain experiences delayed trauma as it swells, pushing against the inside of the skill. This results in additional trauma as the swelling reduces the amount of oxygen-rich blood flowing to the brain. Known as the “secondary injury,” it can be more damaging than the primary injury.

Filing a Lawsuit for Traumatic Brain Injury

Most legal claims for brain injuries are based on a legal theory of negligence. The person bringing the claim (the “plaintiff”) must prove the parties they are suing (the “defendants”) are responsible for causing the harm they experienced.

• If you suffered a TBI in a car crash or because of a fall accident, your lawyer would file a personal injury claim for negligence.
• If a loved one suffered brain damage in a nursing home, your lawyer would file a claim for nursing home abuse or neglect.
• If the brain injury occurred during labor and delivery and harmed the mother or child, your lawyer would file a claim for medical malpractice.
• If your TBI was caused by a defective product, you would need to file a product liability lawsuit.

Proving Liability and Assessing Damages

To obtain compensation for a traumatic brain injury, you must prove the defendants were negligent. The plaintiff must establish all four elements of a negligence claim by a preponderance of the evidence.

• Duty. For liability to attach, the person who caused your injuries must have had a legal duty of care. In a medical malpractice case, the duty of care is established by the existence of the doctor-patient relationship. In a car accident case, drivers owe one another a duty to use reasonable care not to injure other people on the road. In a premises liability claim, property owners and managers owe a duty of care to guests who come onto their property.
• Breach. Breach of duty occurs when the defendant’s actions fall below the standard of care due to a negligent act or the defendant’s failure to act.
• Causation. Causation means the defendant’s breach of duty, and not some other event, was the cause of the plaintiff’s injuries.
• Damages. Damages are the measure of loss the plaintiff experienced. Damages can include compensation for medical care required to treat the plaintiff’s physical injuries, and non-economic losses like pain and suffering, emotional distress, loss of consortium, and other losses.

How a Washington Brain Injury Lawyer Can Help

Traumatic brain injuries can vary significantly, and people who experienced a brain injury may be entitled to different types of compensation. Depending on your circumstances and the nature of your injuries, you may be entitled to compensation for:

• Hospital and doctor bills
• The costs for physical rehabilitation
• Counseling expenses
• Out-of-pocket expenses
• The cost of replacement services
• Future medical expenses
• Past and future lost earnings
• The cost of medical equipment or mobility devices
• Pain and suffering
• Loss of enjoyment of life

Contact Herron Law Office Today

If you or a loved one experienced traumatic brain injury because someone else was negligent, a brain injury lawyer at Herron Law Office can help. Contact us today to schedule a consultation to discuss your case by calling (425) 600-2580 or completing the online form.