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A Seattle traumatic brain injury attorney can help you navigate the insurance process so you or your family member can focus on recovering and getting back to your normal life.
If you or a loved one are recovering from a traumatic brain injury, then you know the process is long and difficult. It is filled with doctors appointments, rehabilitation, and time off work. With medical bills piling up and no money coming in, recovery can get stressful. You may find yourself fighting with insurance companies to pay out your benefits or dealing with request after request for additional information.
A traumatic brain injury results from a sudden blow, bump, or jolt to the head. The blow, bump, or jolt causes your brain and skull to collide and permanently damages your brain tissue. The term Traumatic Brain Injury refers only to damage caused by an external force. Damage resulting from a stroke, tumor, or other medical condition is not the same as a TBI.
The human brain is a soft and delicate mass of tissue. Despite protective fluid and three layers of protective membranes covering the 3-4 pound brain, a powerful enough blow to the head may cause the brain tissue to shake violently inside the skull, causing compression, stretching, pulling, and even tearing of the brain tissue.
There are differences between closed head injuries and open head injuries but both types may cause traumatic brain injury. In a closed head injury, the brain experiences damage from a blow or from the head stopping suddenly after moving at high speed, such as in a collision car accident. In a closed head injury the brain may experience the following trauma:
An open head injury means that something has penetrated the skull and the protective layers covering the brain, exposing the sensitive tissue to air. Open head injuries typically cause smaller areas of damage than closed head injuries but may be just as destructive depending on the pathway of the penetrating object and what area of the brain is damaged or destroyed.
The primary injury to a brain occurs at the time of the accident, injury, or blow to the head. Examples of primary injuries include:
Secondary injuries occur hours or even days after an initial injury and happen as a result of swelling or lack of oxygen.
It is important to work with an attorney that has experience in TBI litigation cases. A skilled Seattle traumatic brain injury attorney can present evidence that proves the associated costs of your TBI. Many complications that result from a TBI are not visible with the naked eye and may not present for some time. A skilled attorney can gather and present evidence that proves the current and continued costs and complications associated with your brain injury. A skilled TBI lawyer from The Fang Law Firm can:
If you are suffering from a TBI you might have to do any of the following for some time after your injury or the rest of your life:
In addition to expensive medical care, you or your loved one may never be able to work again. After a severe, life-changing traumatic brain injury, an injured person or their loved one may file a claim for medical expenses, future medical expenses, lost wages, and future lost future wages.
Washington doesn’t allow claims for punitive damages but does allow claims for physical pain and suffering as well as for emotional distress. Assessing damages after a TBI is a complex process with multiple factors the victims, family members, and traumatic brain injuries attorneys must consider. Before filing a claim it’s essential to determine who is at fault in your accident.
A traumatic brain injury attorney can help you hold the at-fault person accountable for causing your injury.
A Seattle traumatic brain injury lawyer can help you file a claim and obtain a settlement from the at-faults insurance company. An insurance company will do everything they can to make sure that you don’t receive the settlement you deserve. An attorney with experience in dealing with insurers knows the underhanded tactics they use and will combat them to get you the settlement amount you deserve.
Most TBIs fit into one of three major categories depending on the type of injury and amount of damage it caused. Doctors determine this based on the amount of time a patient lost consciousness — if they lost consciousness at all.
Claims filed for traumatic brain injuries are personal injury claims. Whether the injury occurred during a truck accident, work accident, or otherwise, it’s necessary to establish fault since Washington is not a no-fault state, but instead operates as a torte state, or an at-fault state.
According to Washington’s pure comparative negligence laws, even those partly at fault for an accident can make a claim for compensation. If an investigation determines a victim is 40% at fault for an accident, they can make a claim for 60% compensation against the party or entity also at fault. Unlike states with a modified comparative negligence system, under Washington’s pure comparative negligence system even if you were 99 percent at fault you can claim 1% of your damages. A skilled team of traumatic brain injury lawyers like those at The Fang Law Firm can help you to gain the most from your claim.
TBIs can result from a variety of accidents. The most common accidents we see are:
If you have been involved in any one of these accidents, please seek medical attention immediately.
These are just some of the symptoms of a TBI, the only person that can tell you if you have a TBI is a medical professional. Doctors use a combination of imaging and observation to determine TBI and to categorize the injury as mild, moderate, or severe.
Treatment for a TBI depends on the injury’s severity. Every accident victim with a head injury should seek treatment immediately so a doctor can determine whether there has been a TBI and its severity. Mild TBIs like concussions and contusions typically require only rest, pain medication, and observation.
Moderate to severe TBIs require immediate emergency medical treatment to maintain the flow of oxygenated blood to the brain and to reduce swelling to minimize damage. Patients may need medications and surgery to repair damage or relieve pressure on the sensitive brain tissue. Once stabilized, treatment includes any necessary ongoing medications and rehabilitation services to maximize a patient’s quality of life.
Wearing a seatbelt and using approved, age-appropriate child car seats at all times in a moving motor vehicle minimizes the risk of a driver or passenger experiencing a traumatic brain injury in a crash.
Wearing a helmet on a motorcycle and when cycling, skating or participating in other wheeled sports and activities protects against TBIs in the event of an accident or fall.
Install window guards and stair-safety gates in homes with children and provide safe places for children to play. Keep chairs and beds away from windows in multi-story homes or apartments. Asking for help and protection in domestic violence situations and securing away all firearms in the home minimizes the risk of TBIs from violence, accidental shootings, and suicides.
If you or a loved one suffered a traumatic brain injury due to another party’s negligence or reckless behavior, the skilled litigators at The Fang Law Firm can put their decades of experience with TBI claims to work on your behalf.
In recent decades, traumatic brain injuries (TBIs) have become a leading cause of death in the United States. It is also the leading cause of injury-related accidental deaths. Data reveals that 1.70 million people sustain some degree of TBI per year. An average of 52,000 people die from traumatic brain injuries annually. Car accidents, falls, and work-related injuries are common causes of TBIs. The effects of traumatic brain injuries vary according to the severity of the injury, but all brain injuries are significant and can have long-term effects.
Our skilled attorneys have a decade of experience in dealing with insurers. We know the tactics they use to convince injured claimants to take a settlement amount that is lower than they deserve. Call us today at (206) 489-5140 for a free case consultation.