Can You Sue for a Brain Injury?

Few injuries carry as much uncertainty as a brain injury. Symptoms can take time to surface, doctors sometimes struggle to pin down the full extent of the damage, and the road to recovery is seldom predictable. If you or someone close to you suffered this kind of injury in a preventable incident, you might naturally wonder, “Can you sue for a brain injury?” The answer is yes, but only under specific circumstances. Here’s what you need to know about when you might be able to sue, what you’ll need to prove, and how a lawyer can help you through your next steps.

Yes, You Can Sue for a Brain Injury, But Only If Someone Else’s Misconduct Caused It

Not every brain injury gives rise to a lawsuit. If you slipped on your own stairs at home or got hurt playing a contact sport under normal circumstances, you likely won’t have a valid claim against anyone else. For a valid claim to exist, there has to be a connection between the brain injury and another party’s carelessness. For example, maybe a drunk driver ran a red light, a property owner ignored a known hazard, or a doctor missed an obvious warning sign. If another party failed to act with reasonable care, and that failure caused your brain injury, you have grounds to pursue a claim. An experienced attorney can help you figure out whether your situation qualifies.

Who Can Be Sued for a Brain Injury?

Liability for a brain injury depends entirely on how the injury happened and who created the conditions that contributed to it. Common defendants in brain injury lawsuits:

• Drivers who cause crashes through distraction, impairment, or recklessness
• Property owners who fail to keep their premises in safe condition for visitors
• Employers who ignore safety protocols or encourage workers to take unnecessary risks
• Product manufacturers or sellers who put defective items in the hands of consumers
• Medical providers responsible for birth injuries, surgical errors, or diagnostic mistakes

It isn’t always obvious from the outside who might be responsible for a brain injury, and more than one party can share accountability. A skilled personal injury lawyer knows how to investigate the full picture and identify every liable party, so you can pursue compensation from all possible sources.

What You Have to Prove in a Brain Injury Lawsuit

The answers to a few basic questions can determine whether a brain injury lawsuit succeeds:

• Did the other party have a responsibility to keep you reasonably safe? We all have a duty to look out for one another and avoid causing harm in various situations, and that duty takes specific forms in certain circumstances. For example, drivers must follow traffic laws while on the road, and doctors must meet accepted medical standards when treating patients.
• Did that party fail to uphold its responsibility? You can only hold another party responsible for your injury if you can show that they had a responsibility to you under the circumstances and failed to uphold that responsibility. For example, a driver who runs a red light at an intersection or a store owner who ignores a dangerous spill in their lobby falls short of what the law expects.
• Did that party’s failure cause your injury? You need to do more than just show that the other party was irresponsible and that you got hurt. You will have to show a connection between the first two elements. This connection can be tricky to prove because brain injuries aren’t always obvious in the same way that a broken bone is. Symptoms sometimes take days or weeks to surface, and a brain scan can come back looking normal even when there’s a genuine injury. Insurance carriers and defense lawyers might seize on this gap to argue that your symptoms aren’t related to the incident. Strong medical documentation and expert testimony can close that gap.
• How did the injury affect your life? Finally, you need proof that the brain injury had measurable financial or personal consequences for your life, so the court or the insurance company understands what you’re owed. If you sustained an injury that caused a mild headache that resolved on its own, you likely won’t have enough compensable losses to bother with a claim.

What Compensation Is Recoverable If You Win?

A successful brain injury lawsuit can result in compensation for both the financial and personal toll the injury has taken. Depending on the specifics of your case, this could include compensation for:

• Past and future medical costs related to the injury
• Any income you lose during your recovery
• Losses in earning capacity, if your injury limits your ability to work in the future
• Pain, suffering, and diminished quality of life
• Any related out-of-pocket expenses, such as the costs of traveling to medical appointments

Time Limits for Brain Injury Lawsuits in Washington

In Washington, you generally have three years from the date of the injury to file a personal injury lawsuit. Sometimes, the filing window is even shorter. If you miss an applicable deadline, you’ll typically lose your right to pursue compensation altogether, regardless of how strong your underlying case might be. This is why you should contact a competent brain injury attorney as soon as possible if you know or suspect you have a case. The sooner you do, the more time your lawyer will have to gather evidence while it’s fresh and prepare a strong claim before the relevant deadline.

Why Brain Injury Lawsuits Are Harder to Win Than Other Injury Cases

Brain injury cases present unique obstacles that don’t appear in most other personal injury claims. For one, delayed diagnosis is common, and gaps between the incident and a formal diagnosis can give the other side room to question the connection. There’s also the fact that brain injuries don’t always show on the outside, which can make proving your case more difficult in front of a skeptical adjuster or jury. Overcoming these unique challenges requires strong documentation, credible expert testimony, and an attorney who knows how to counter defense arguments effectively.

How the Brain Injury Litigation Process Works

1. Demand letter. Most brain injury cases begin with a demand letter sent to the at-fault party's insurance company, which outlines the specifics of the injury and the compensation you're seeking.
2. Negotiation. Negotiation follows, and a fair number of cases are settled this way without ever reaching a courtroom.
3. Filing suit. If negotiations stall or the insurance company disputes liability, the next step may be to file a lawsuit, which your attorney does by submitting the correct paperwork to the court.
4. Discovery. During discovery, both sides exchange evidence, take depositions, and consult expert witnesses. Brain injury cases frequently draw testimony from neurologists, neuropsychologists, and life care planners who can speak to the injury's cause, its cognitive and emotional effects, and the long-term costs of care.
5. Settlement or trial. Even after a suit is filed, cases still end in negotiated settlements once both sides get a clearer picture of the available evidence through discovery. If the parties can't or won't settle, the case may proceed to trial, where a judge or jury will decide the outcome.

Throughout each stage, your attorney can manage all the details so you're free to focus your energy on recovery.

Wrongful Death Claims for Fatal Brain Injuries

Washington law allows certain surviving family members to pursue a wrongful death claim if a brain injury proves fatal. With this type of claim, you can seek compensation for things like:

• Funeral and burial expenses
• The financial support the deceased would have provided
• The loss of your loved one’s love, guidance, and companionship

No amount of money can ever make up for the loss of someone you love. However, a successful wrongful death claim can ease the financial burden that follows and allow for at least some measure of accountability. If your family is in this position, you deserve support from a knowledgeable attorney who can help you through a legal process that might otherwise feel overwhelming.

Talk to a Washington Brain Injury Attorney

Brain injury lawsuits present unique challenges, from proving what caused your symptoms to fighting insurance companies that look for any reason to pay less than you deserve. The good news is that you don’t have to face those challenges alone. At Freeman Law Firm, Inc., our Tacoma traumatic brain injury attorneys provide compassionate counsel and fierce advocacy for clients across Washington. When you come to us for help, we’ll take the time to listen to your story, investigate your case thoroughly, and pursue the compensation you need to move forward.

We handle brain injury cases on contingency, so you pay nothing unless we win. Contact us today at (253) 383-4500 or by email for a free consultation, and let us help you explore your options.