Personal Injury
Traumatic Brain Injury (TBI)
Liability for Traumatic Brain Injuries
Liability for Traumatic Brain Injuries
Even though doctors rank Traumatic Brain Injuries (TBIs) as mild, moderate or severe, every time your brain is injured, it’s serious. Our brains are never better off injured, and even a mild TBI can change your life.
Whether you or your loved one suffered a concussion that seemed to resolve in the first few weeks to months, or a severe TBI with neurological damage, having a lawyer that is familiar with TBIs to handle your case is crucial. Our lawyers are very involved in helping people who have suffered a TBI, and have represented many survivors of brain injury.
Often wrecks that result in a TBI also cause injury to other parts of the body like the spine or spinal cord, soft tissues and bones. Our lawyers know that havoc from a TBI doesn’t end at physical damage; changes in mood, memory, senses, sleep patterns, energy level, as well as depression, irritability and fatigue can occur. These effects can impact all aspects of your life and the lives of those around you, we are here for you and want to help.
Defense lawyers and insurance companies attempt to downplay what it means to suffer a TBI. Having handled many TBI cases, our lawyers are well-versed in how they must be presented and proven in court, based on the science behind the evidence. And we have the skill to oppose the same expert witnesses who seem to be hired by the insurance companies over and over again.
If you or a loved one has suffered a TBI, you will find that our firm has the experience, skill and resources to help you pursue your case with success.
Washington Statutes on TBI
Our State’s legislature [INSERT RCW 74.31.010??] defines a TBI as such:
“Traumatic brain injury” means injury to the brain caused by physical trauma resulting from, but not limited to, incidents involving motor vehicles, sporting events, falls, and physical assaults. Documentation of a TBI shall be based on adequate medical history, neurological examination, mental status testing, or neuropsychological evaluation. A TBI shall be of sufficient severity to result in impairments in one or more of the following areas: Cognition; language memory; attention; reasoning; abstract thinking; judgment; problem solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; or information processing. The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.
To read more on the term TBI, click here: https://www.doh.wa.gov/YouandYourFamily/InjuryandViolencePrevention/TraumaticBrainInjuries
Washington law [RCW 74.31.005]??? further notes the many harmful effects of a TBI:
The center for disease control estimates that at least 5,300,000 Americans, approx. 2% of the U.S. population, currently have a long-term or lifelong need for help to perform activities of daily living as a result of a TBI. Each year approximately 1,400,000 people in this country, including children, sustain TBIs as a result of a variety of causes including falls, motor vehicle injuries, being struck by an object, or as a result of an assault and other violent crimes, including domestic violence. Additionally, there are significant numbers of veterans who sustain traumatic brain injuries as a result of their service in the military.
Prevention and the provision of appropriate supports and services in response to TBI are consistent with the governor’s Executive Order No. 10-01, “Implementing Health Reform the Washington Way,” which recognizes protection of public health and the improvement of health status as essential responsibilities of the public health system.
TBIs can cause a wide range of functional changes affecting thinking, sensation, language, or emotions. It can also cause epilepsy and increase the risk for conditions such as Alzheimer’s disease, Parkinson’s disease, and other brain disorders that become more prevalent with age. The impact of a TBI on the individual and family can be devastating.
The legislature recognizes that current programs and services are not funded or designed to address the diverse needs of this population. It is the intent of the legislature to develop a comprehensive plan to help individuals with TBIs meet their needs. The legislature also recognizes the efforts of many in the private sector who are providing services and assistance to individuals with TBIs. The legislature intends to bring together those in both the public and private sectors with expertise in this area to address the needs of this growing population.
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