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Brain injury law covers legal issues that arise when someone sustains a traumatic brain injury - often called a TBI - or an acquired brain injury due to another medical event. In Tacoma, Washington, brain injury claims are handled under the same state and local civil procedures that govern personal injury and medical injury cases across Washington State. Brain injuries can result from car crashes, falls, workplace accidents, sports incidents, assaults, or medical malpractice. Because brain injury often has long-term medical, cognitive, and financial consequences, the legal response typically involves pursuing compensation for past and future medical care, lost income, rehabilitation and therapy, and non-economic losses such as pain and suffering and loss of enjoyment of life.
Brain injury cases are often complex. A knowledgeable lawyer can help in many common situations, including:
- When you need to establish liability - determining who caused the injury and proving negligence or fault.
- When medical facts are complicated - TBIs can be subtle, with delayed symptoms or disputed causation. Lawyers work with medical experts to document and explain injury mechanisms and prognosis.
- When damages are significant or long-term - calculating future care costs, lifetime lost earnings, and non-economic losses usually requires expert life-care planning and economic analysis.
- When insurers minimize or deny claims - insurance companies often underpay or try to settle quickly. An attorney can negotiate, demand fair value, or file suit when necessary.
- When the case involves multiple sources of recovery - for example, a workplace accident that is also the basis for a third-party suit outside of workers' compensation.
- When you need help accessing benefits - a lawyer can help coordinate workers' compensation, Social Security Disability, Medicaid, and private insurance benefits while pursuing a civil claim.
Key legal points relevant to brain injury claims in Tacoma and Washington State include:
- Statute of limitations - For most personal injury claims in Washington the time to file a lawsuit is generally three years from the date of injury. Medical malpractice claims and some other categories may have different time limits or discovery rules. Missing the deadline can bar your claim, so prompt consultation with an attorney is important.
- Fault and comparative negligence - Washington reduces a victim's recovery by the percentage of fault attributed to them. If you were partly at fault, you may still recover damages, but the award will be reduced by your share of responsibility.
- Workers' compensation exclusivity - If a brain injury occurs at work, the injured worker generally uses Washington State workers' compensation, which is a no-fault system that provides medical care and wage replacement. In most cases this bars a negligence lawsuit against the employer, but injured workers may still pursue third-party claims against negligent non-employer parties.
- Types of recoverable damages - Courts and juries may award economic damages (medical bills, rehabilitation, lost wages, future care), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life), and in rare cases punitive damages where conduct is especially reckless or intentional.
- Filing venue and procedure - Serious personal injury lawsuits are filed in Pierce County Superior Court in Tacoma. Smaller disputes may proceed in district or small-claims courts, but brain injury cases typically belong in superior court because of complexity and damages involved.
- Settlement and alternative dispute resolution - Many cases resolve through negotiation or mediation rather than trial. A skilled attorney will evaluate settlement offers against predicted trial outcomes and future needs.
Seek medical attention right away, even if symptoms seem mild. Document the incident - where and when it happened, who was involved, and any witnesses. Preserve evidence such as damaged property or clothing and take photos. Report the incident to employers or property owners if appropriate. Avoid giving recorded statements to insurers without talking to an attorney first.
A legal claim typically exists if another party's negligence, intentional act, or omission caused your injury and you suffered measurable harm. An attorney will evaluate liability, causation, the severity of your injury, and the available insurance or assets. Even if causation or severity is disputed, it is still worth getting an evaluation.
For most personal injury claims the statute of limitations is generally three years from the date of injury. Some types of claims, like medical malpractice, may have special timing rules or discovery windows. Because deadlines vary by case, consult a lawyer promptly to protect your rights.
If your brain injury occurred at work, you should file a workers' compensation claim to obtain medical care and wage benefits. Workers' compensation usually prevents suing your employer in tort, but you may be able to sue a third party whose negligence contributed to your injury. Discuss options with an attorney who handles workplace injuries.
You may be able to recover economic damages - past and future medical expenses, rehabilitation costs, lost wages, and loss of earning capacity - and non-economic damages - pain and suffering, emotional distress, and loss of enjoyment of life. In exceptional cases involving egregious conduct, punitive damages may be available.
Proving a brain injury case often requires medical records, expert medical testimony (neurology, neuropsychology, rehabilitation specialists), imaging and test results, records of symptoms and treatment, witness statements, accident reconstruction if relevant, and documentation of financial losses. A lawyer coordinates gathering and presenting this evidence.
Many brain injury cases settle before trial through negotiation or mediation. Trials happen when parties cannot agree on a fair settlement. Your attorney will prepare as if going to trial to strengthen settlement leverage and will advise you based on the strengths and risks of your case.
Most personal injury lawyers in Tacoma work on a contingency-fee basis - they are paid a percentage of any recovery and only get paid if you recover money. You should discuss fee percentages, costs advanced by the firm, and how fees are calculated during a free or low-cost initial consultation.
Yes. You may qualify for Washington State workers' compensation, Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or other public benefits depending on your circumstances. An attorney can help coordinate benefit applications and explain how a civil recovery may affect those benefits.
Case duration varies widely. Some claims settle within months; others take a year or more, especially when liability or damages are disputed or when the full extent of long-term care needs is unclear. Cases that proceed to trial or appeal can take several years. Your attorney will provide an estimated timeline based on the facts.
Below are organizations and agencies that can provide help, information, or services for someone with a brain injury in Tacoma and Washington State. Contact these organizations or ask your attorney for assistance accessing their programs.
- Brain Injury Alliance of Washington - statewide advocacy, education, and support programs for individuals and families living with brain injury.
- Washington State Department of Labor and Industries - administers workers' compensation benefits and has resources for workplace injuries.
- Social Security Administration - for information about Social Security Disability Insurance and Supplemental Security Income benefits.
- Washington State Health Care Authority and Department of Social and Health Services - provide information on Medicaid, long-term care programs, and state services for people with disabilities.
- Pierce County Superior Court and Tacoma district courts - information on filing civil lawsuits, court procedures, and local rules.
- Local hospitals and rehabilitation centers - many Tacoma-area hospitals and medical centers offer specialized traumatic brain injury care and can provide referrals to neuropsychologists and rehabilitation specialists.
- Washington State Bar Association and local bar referral services - for finding qualified personal injury attorneys or specialists in brain injury litigation.
If you or a loved one has suffered a brain injury and you think legal help may be needed, follow these steps:
1. Seek immediate and ongoing medical care. Keep complete medical records and follow recommended treatment. These records are crucial to both recovery and any legal action.
2. Preserve evidence. Take photos, keep damaged property, save correspondence, and get witness names and contact information.
3. Report the incident as required - to employers, property owners, or law enforcement when applicable - and keep copies of reports.
4. Do not sign releases or accept early settlement offers without talking to an attorney. Insurers often make quick low offers before the full extent of injury is known.
5. Consult a qualified personal injury attorney in Tacoma as soon as possible. Many offer free initial consultations and will explain deadlines, likely sources of recovery, and recommended next steps.
6. Coordinate benefits. If you qualify for workers' compensation, Social Security benefits, or Medicaid, start those applications early and inform your attorney so they can help protect benefits during litigation.
7. Ask about experts. Effective brain injury cases typically require medical, vocational, and economic experts. Make sure your attorney has experience working with these professionals.
Taking prompt, informed action helps protect legal rights and improves the chances of securing appropriate compensation and care. If you are unsure where to start, reach out to a local attorney for a case review and guidance tailored to your situation.
