A brain injury can affect you or a family member long into the future. A traumatic brain injury (TBI) is often considered a catastrophic injury, leaving a victim with permanent cognitive and physical damage. Let a Seattle traumatic brain injury lawyer review your case and determine if you have grounds for legal action against a liable party.
Siegfried & Jensen has helped our clients recover more than $1.2 billion in compensatory damages. Trust a Seattle personal injury lawyer from our team to fight for your rights and the compensation you deserve. Schedule a free case evaluation today to discuss the details of your case.
Who Can Be Liable for a Traumatic Brain Injury (TBI)
A TBI lawyer can identify the party responsible for your brain injury. Ultimately, one or more parties can be negligent and contribute to an incident that leaves you with an injury to your brain. Defendants in traumatic brain injury cases can include the following:
- Individuals: The person directly responsible for your injury may include a negligent motorist or property owner. A careless error from an anesthesiologist or surgeon could cause a TBI in a medical malpractice claim.
- Government entities: In the event of a slip and fall on government property, you may have a unique case. Negligence and tort laws involving government entities usually have strict deadlines and special procedures that differ from regular personal injury claims.
- Business entities or employers: Some industries are inherently dangerous and prone to accidents. However, if you suffer a TBI because an employer fails to uphold OSHA laws and regulations, fails to service heavy machinery, or provides inadequate training, they may be held liable for your injuries.
- Manufacturers: Dangerous products can cause significant damage to the head. Manufacturers of defective products, like car parts or children’s toys, can be held liable for your traumatic brain injury.
Siegfried & Jensen recently helped a client secure $4.4 million in damages as part of a truck accident case. Trust our team to handle your case. Contact us today to get started.
For a free legal consultation with a traumatic brain injury lawyer serving Seattle, call (801) 266-0999
Potential Damages in a Traumatic Brain Injury Claim
What you should pursue in damages depends on your losses. A traumatic brain injury lawyer in Seattle will encourage you to request economic and non-economic damages in your lawsuit. Reasons why you could receive compensation from an at-fault party include:
- Medical expenses relating to the accident
- Long-term medical care
- Lost wages if you are unable to work
- Loss of future income
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
Your attorney can provide insights into how much is the average personal injury settlement. Discuss your case with a traumatic brain injury attorney in Seattle, WA, as soon as possible.
Under RCW 4.16.080, you only have three years from the date of the injury to file for damages.
Seattle Traumatic Brain Injury Lawyer Near Me (801) 266-0999
The Role of Negligence in a TBI Case
Your lawyer can teach you about negligence and its impact on your case. By providing evidence and a compelling argument, you can prove to a judge or jury that a liable party was negligent. To verify that the defendant in your lawsuit was negligent, you must be able to illustrate that the following elements of negligence were present at the time a traumatic brain injury occurred:
- Duty of Care: The defendant had a legal obligation to avoid committing any acts that could cause others to get hurt.
- Breach of Duty of Care: The defendant violated their legal obligation by engaging in an act that put others in danger.
- Causation: The defendant’s actions resulted in you or a family member suffering a brain injury.
- Damages: You face quantifiable or subjective losses because of the defendant’s actions.
Washington State maintains a pure comparative negligence statute that can keep you from securing full damages if you are partly to blame for your TBI.
A judge or jury can reduce your damages by your percentage of fault. If you are found to be 1-99% liable, the court can award you a fraction of the damages you initially sought.
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How to Establish Negligence in a Seattle TBI Claim
It is your responsibility to provide sufficient evidence to validate your case against an at-fault party. A traumatic brain injury attorney in Seattle can help you do just that. As part of their work, they may gather a wide range of evidence to support your argument, including:
- Video and photo evidence of the incident, injuries, and healing process
- Police reports, and employer accident reports
- Detailed medical records, including any ongoing therapeutic care like PT or OT
- Witness statements
In the same way that your lawyer will collect proof, the defendant is likely to gather evidence to disprove your argument. Your lawyer accounts for the defendant’s case against you.
They develop a legal strategy to help you make it clear to a judge or jury that the defendant was negligent and should be held liable for all of your injury-related losses.
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Partner with a TBI Attorney Who Can Help You Rebuild Your Life and Move Forward
A traumatic brain injury lawyer in Seattle, WA, offers comprehensive legal services and support. We have extensive experience negotiating with insurance agents and at-fault parties to recover the compensation you deserve.
Siegfried & Jensen will take care of the phone calls, paperwork, investigations, legal work, and negotiations associated with your TBI case while you prioritize your health and well-being.
Allow a personal injury attorney from our team to help you with your traumatic brain injury case. We will gather the critical evidence you need to support your injury claim and help you navigate the complexities of a TBI lawsuit. Request a free case evaluation today to learn more.
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