Since 1948, CCD Law has represented injury victims in Spokane. Our team of experienced personal injury lawyers understands how difficult any accident and injury can be, but especially those that involve injuries to your brain and head. These injuries pose significant challenges, impacting not only you but also your entire network of friends and family. To learn more about your legal options, contact us for a free consultation.
Why Do You Need a Lawyer After These Injuries?
When it comes to brain or head injuries, the legal process can be complex. While you don’t technically need a lawyer, the unique nature of these injuries demands a specific approach. Memory lapses and worsening symptoms are common challenges associated with them. This, obviously, makes putting together a case more challenging. While not mandatory under Washington law, having the support of our legal team can make all the difference in how your case plays out. Here’s how we generally approach these cases:
- We’ll look into the accident carefully to understand what happened.
- We’ll gather important evidence and information.
- We’ll work with experts who understand injuries to figure out how much you’ve been harmed.
- We’ll talk to insurance companies for you.
- If needed, we’ll represent you in court.
If you’ve suffered a brain or head injury, you’re probably focused on your health. At the same time, we know that dealing with the legal process is important for your recovery. Our main goal is to make this process easier for you and give you the support you need right now.
Understanding Brain and Head Injuries
In Bakersfield, and anywhere else, head injuries are unfortunately common in accidents. Worse yet, they can happen anywhere at any time, whether it be in a car accident, a simple fall at home or at work, or even when someone commits a crime against you like an assault. Regardless of how it happens, it’s likely to leave you with some form of the following injuries:
- Concussions – These are mild brain injuries caused by sudden hits to the head. They can lead to temporary blackouts, confusion, and memory problems.
- Skull fractures – These are serious breaks in the bones of the skull.
- Diffuse Axonal Injuries (DAI) – This occurs when the brain’s nerve fibers are damaged from rapid movements, often resulting in long-term cognitive issues.
- Penetrating injuries – These occur when objects penetrate the brain, causing significant damage and often requiring surgery.
- Bleeding in the brain – This can occur in various areas after the impact and can be very serious.
- Brain bruises – These are bruises on the brain caused by direct impacts. They can result in bleeding, swelling, and damage to brain tissue.
Because these injuries are severe, it’s crucial to seek help quickly. Symptoms may not appear immediately, but watch out for:
- Persistent headaches.
- Brief loss of consciousness.
- Nausea and vomiting.
- Dizziness or difficulty balancing.
- Confusion or trouble concentrating.
- Changes in behavior.
- Sensory problems, such as blurred vision or light sensitivity.
- Cognitive difficulties, such as memory problems.
- Sleep disturbances or seizures.
What You Should Do
Obviously, some of these symptoms won’t show up right away after your accident. Still, there’s a few things you should do in the aftermath to make sure your health is addressed and you’re able to keep your claim viable:
- Get medical care immediately at the accident scene, then further care at your doctor or a hospital.
- Report what happened to the relevant parties such as the police, emergency services, employers, and insurance companies.
- Document the accident by taking photos and getting information from witnesses or police.
- Follow the treatment plans given to you by your doctors.
- Maintain records of all accident-related information.
These steps are incredibly important, especially considering the complexities associated with brain or head injuries. Furthermore, the severity of these injuries can vary significantly. To better prepare yourself, it’s important to look at who’s responsible for your injuries and what you can get in a claim.
Liability With Brain & Head Injuries
Even though it’s difficult because of the complications of your brain or head injury, the actual legal process after an accident in these situations isn’t any different from others. It still involves establishing liability and recovering damages. In terms of liability, how the accident happened is going to be very telling. Usually, they happen because of:
- Vehicle accidents, especially while riding bicycles or motorcycles
- Workplace accidents with faulty equipment or falls
- Surgical errors or medical malpractice
- Assaults or domestic violence
- Collisions during recreational activities or while playing sports
In these situations, the determining factor of liability is “negligence.” This means that someone or some entity:
- Had a duty of care to keep you safe
- They failed in that duty
- The failure led to the accident, which caused your injuries
Obviously, this narrows things down a bit. Most of the time, liability will rest with the following:
- Drivers
- Employers
- Homeowners or landlords
- Store owners or management
- Perpetrators of criminal acts
- Product manufacturers
- Surgeons, doctors, or nurses
- Government agencies if the accident happens on public property
The reason liability is so important is because it sets the legal responsibility of paying for your injuries and other damages. This is all the more important when there’s a brain or head injury, because those typically involve extensive care that lasts well after the initial accident.
What Are Your Claim Options?
Legally, your options are the same as any other accident. Namely, you have to file an injury claim to recover damages. This means either filing:
- An insurance claim outside of court
- A personal injury lawsuit inside the court system
With a brain or head injury, you’ll likely face tough physical and financial challenges, such as medical bills and missed work. Serious head injuries can have long-lasting effects, unlike minor ones. So, you’ll need financial support for medical costs, lost wages, property damage, and more. Our team can help you file your claim for the following damages:
- Medical expenses covering past, present, and future costs like hospital stays, surgeries, therapies, and equipment.
- Lost earnings for missed work, benefits, and potential future income due to the injury.
- Property damage, including costs for repairing or replacing damaged belongings.
- Ongoing care costs for nursing and home modifications.
- Out-of-pocket costs that cover transportation, medications, and medical equipment related to the injury.
- Pain and suffering that addresses physical discomfort and emotional distress.
- Emotional distress that addresses anxiety, depression, etc., stemming from the injury.
- Loss of enjoyment of life for how the injury negatively affects your ability to enjoy activities the way you once did.
- Loss of companionship addresses any strain on your personal and family relationships.
- Wrongful death expenses if the injuries turn out to be fatal.
It’s hard to overstate just how important these damages will be to your recovery. Brain and head injuries, unfortunately, mean lifelong challenges in most cases, and changes to your life in both the short and long term. Procedurally, Washington has a three-year statute of limitations on filing an injury claim, so you have three years from the date of the accident to do so.
Dedicated Spokane Brain & Head Injury Lawyers
When you suffer a brain or head injury in Spokane, it can be difficult to know where to turn. At CCD Law, we’ve been helping clients in this situation for over 70 years. Our Spokane personal injury lawyers will be there to explain your legal options and guide you through the recovery process, all with patience and understanding. To get started, contact us today for a free consultation.
