Traumatic brain injury (TBI) claims in Washington involve complex legal procedures. If you or a loved one suffered a TBI in an accident, understanding the process can help you get the compensation you deserve. This article provides an overview of the key steps involved in a Washington TBI claim.
Proving Liability
The first step is proving the liable party’s responsibility for the accident and injuries. Washington is a comparative negligence state, meaning multiple parties can share liability based on their percentage of fault. To receive damages, the plaintiff must show the defendant breached a duty of care that directly caused the TBI. Evidence like police reports, witness statements, medical records, and expert testimony help establish liability.
Washington’s statute of limitations is three years for personal injury claims. It is important to act quickly to file a claim before the deadline passes. An experienced personal injury attorney can determine viable defendants and the strength of the liability argument.
Assessing Damages
The damages phase calculates the compensation amount. Damages for TBI claims often include:
- Medical expenses, both current and future
- Lost wages and reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Cost of care, therapy, rehabilitation
- Permanent disabilities
Documented evidence like receipts, pay stubs, and prognoses from doctors help verify these damages. Babies and children with permanent disabilities may seek damages throughout their lifespan. An attorney and experts like vocational rehab counselors can assist in providing evidence and estimating values for intangible damages like pain and suffering.
Settlement Negotiations
Many TBI claims resolve through settlements between the attorneys before going to trial. Settlements avoid the risk and time of trial. Factors like the defendant’s liability, evidence strength, insurance coverage, and parties’ willingness to settle all affect settlement outcomes. Experienced personal injury attorneys use proven strategies to negotiate fair settlements.
If a settlement amount cannot be agreed upon, the next step is filing a personal injury lawsuit and heading to trial. The court system oversees collecting evidence, hearing arguments, and ultimately determining the verdict and award amounts. Most cases settle before this point, but an attorney can provide guidance on preparing for trial if needed.
It is critical to have legal advocates on your side when dealing with severe injuries like TBI. The impaired cognitive abilities associated with brain injuries make navigating the legal maze especially difficult. An attorney handles correspondence, court filings, negotiations, evidence, legal arguments, and expert witnesses. This allows the TBI victim and family to focus on healing.
Getting Help from a Washington TBI Attorney
The legal process for TBI claims in Washington can be complex, but the right attorney can help maximize your compensation. If you or a loved one suffered a traumatic brain injury in an accident in Washington, contact the experienced team at Monge & Associates, P.S. for a free consultation by calling (888) 477-0597.
With 32 offices in 19 states, including Washington, Maryland, and Florida, our attorneys have helped injury victims recover millions in compensation. Let us review your case at no cost and help you understand your legal options for getting the damages you deserve. Call today to get started.