What are my legal rights after a traumatic brain injury?

Traumatic brain injuries (TBIs) are often referred to as an “invisible injury.” Many survivors may not initially know they have a serious brain injury, which may delay both medical care and the steps needed to find out what their legal rights are.

The impact of a brain injury doesn't stop with the person who was hurt. It extends to family, friends, and loved ones, who often carry much of the practical, financial, and emotional weight of recovery. Whether you were the one injured or you are supporting someone who was, the answers below apply to you. Here, SGB's brain and spinal cord injury attorneys answer some of the most common questions about what to do next.

How do you know if you’ve suffered a traumatic brain injury?

It can be difficult to tell if you’ve suffered a traumatic brain injury. TBIs do not always involve losing consciousness or suffering an obvious head wound, and symptoms may not appear immediately after an accident.

According to the National Institute of Neurological Disorders and Stroke, signs of a possible brain injury can include memory or concentration problems, headaches, changes in mood or sleep, and sensitivity to light or noise. Some symptoms begin right away, while others may not develop until days or weeks after the injury, and severity can range from brief and mild to lasting and severe.

What should I do if I think I have a brain injury?

If you think you may have suffered a brain injury, seek medical care immediately and follow through with treatment recommendations provided by your doctor. If you had an accident and it’s possible to do so, save any evidence, including photos, witness information, and incident reports.

How do I know if I should contact an attorney?

You may want to speak with an attorney if your brain injury happened because of someone else’s actions or failure to take reasonable care. Family members often make this call on a survivor's behalf, particularly when memory or concentration problems make it hard for the injured person to manage it alone.

An SGB brain injury attorney can help determine whether you have a case, and it’s important to ask sooner rather than later – waiting can make it harder to preserve evidence or bring you closer to the end of the statute of limitations.

How long do I have to file a brain injury claim in Washington?

In Washington, you have three years from the date of your injury to file a brain injury claim. Some exceptions to the statute of limitations exist for delayed discovery and minors, and medical malpractice cases may follow a different timeline, but it’s important to discuss your case with an attorney to confirm.

How is compensation determined in a brain injury case?

Every brain injury case is different, and compensation isn’t guaranteed. Past and future medical costs, lost income and reduced earning capacity, and the injury's impact on daily life are all factors that can be considered when compensation for a brain injury is determined, but there’s no set formula – each case is evaluated on its own facts.

SGB understands the complexities of brain injury cases, and we are committed to fighting for our clients who have suffered brain injury to obtain a recovery that will not merely allow them to survive, but will let them thrive.

If you or a loved one has suffered a traumatic brain injury, reach out to us to learn how we can help. Contact us for a free, confidential case review or call us at 1-800-809-2234.