A direct blow to the head or a sudden impact of any kind, particularly in a car accident, can cause a concussion. In some cases, confusion and other symptoms may begin immediately while in others, it may not be obvious that something is wrong until hours or days later.
When another driver causes you to crash and suffer a concussion, you may be able to recover compensation for your injuries and suffering. Get concussion legal representation in Washington through Jacobs and Jacobs Personal Injury Law. Our focus is on providing compassionate legal support for accident victims with concussion injuries to help them seek justice and maximize compensation.
Read on to learn more about concussions, the legal regulations surrounding them, and how a head injury attorney in Washington State can assist you with the legal process.
Understanding Concussion Injuries
Concussions are brain injuries that occur when this vital organ endures violent shaking or a sudden jolt. The head does not have to be directly hit to cause a concussion, which many car accident victims don’t realize. While some car accident victims take a direct hit to the head in a crash, others are simply shaken by the impact when the vehicles collide.
Also known as a mild traumatic brain injury (TBI), the most common symptoms are headaches, nausea, vomiting, ringing in the ears, confusion, amnesia, fatigue, dizziness, and blurred vision. These symptoms can persist for days, weeks, or even months, which is known as post-concussive syndrome, and in many cases, the victim may not be aware that anything is wrong.
After an auto accident, friends and family should keep a close eye on their loved ones to see if they experience a temporary loss of consciousness or slurred speech. Additionally, if a car accident victim has a dazed appearance, asks the same questions over and over, or consistently has a delayed response to questions, it is vital to seek immediate medical treatment.
State Laws and Regulations on Concussion Injuries
When another person’s negligent actions cause you or a loved one harm, personal injury law allows the recovery of financial losses incurred due to these events. In car accident cases, the driver who is at fault is the one who is held accountable for compensating victims, either through their insurance company or out of their own pocket.
If liability is contested, it can make any case more complicated, especially when concussion injuries are involved. Since many of the hallmark symptoms of concussion do not always present immediately, some accident victims don’t seek medical attention right after the accident.
Instead, they may go home and attempt to do the things they would normally do on any other day. Once the symptoms start becoming more pronounced, they may head to the hospital or urgent care center for an assessment. The problem with not seeking treatment immediately after a crash is that the insurance company will try to claim that the concussion was caused by something else after the car accident. It’s one of the many reasons why you should hire a car accident attorney to help you navigate your injury claim.
Comparative Negligence Rules
A Washington State concussion lawyer is a helpful advocate when it comes to the comparative negligence rules in the state. With the pure comparative negligence rule, a person can be up to 99% at fault and still recover compensation. However, that compensation will be greatly diminished by their percentage of fault.
The possibility of shared blame is high in many cases, and insurance companies will find ways to manipulate accident victims, asking them leading questions and twisting their answers into admissions of fault. There may also be circumstances where you are assigned a certain degree of fault and have to pay for the other driver’s injuries. All of these complications can make recovering from your injuries more stressful, and in the end, may leave you struggling financially because you have to foot the bill.
Time Limits for Filing a Concussion Injury Claim
The statute of limitations for filing personal injury claims will also be an issue. In Washington State, you have three years from the date of the accident to file your concussion injury case.
It sounds like enough time, but when you factor in the time spent receiving medical treatment and trying to get a response to your injury claim from the insurer, it will pass quickly. In that time, key evidence may fade and it will be harder to get a favorable outcome. By consulting a head injury attorney in Washington State right after seeking medical care, you will have an advocate who is by your side to work on your claim, negotiate, and take the next step of filing a lawsuit when insurers don’t want to play fair.
The Role of a Washington State Concussion Lawyer
Handling a concussion case is a daunting task that is best left to legal professionals. At Jacobs and Jacobs Injury Law Group, we know that your injuries are painful and make it difficult to get back to your normal way of life. The role of concussion legal representation in Washington is to stand up for your legal rights.
Accident victims should seek representation immediately to initiate a legal claim and to avoid having the insurance company take advantage of them. Here is what you can expect from your lawyer:
Conduct Investigations
You may have heard that you should gather evidence at the scene of the accident. If you were able to take photos or videos, they can help, though many injured victims are unable to take this step. If you were rendered unconscious from your concussion, you may have been taken right to the hospital.
In these situations, your attorney will investigate and gather evidence on your behalf. They will gain access to traffic camera footage, interview witnesses, and consult accident reconstructionists, medical experts, and other expert witnesses to build a strong case.
Identify Liable Parties
In order to seek compensation for your concussion injuries, the liable parties must be determined. It requires proving that they meet the four elements of negligence, including owing you a duty of care, breaching that duty, causing the accident due to the breach, and causing your damages.
Calculate the Full Extent of Your Losses
When you suffer an injury, such as a concussion, due to the actions of a careless driver, you might not realize that they may be liable for expenses that go beyond your medical bills. If there are complications from your condition, you may be able to recover the costs of your future medical care. Additionally, your injuries may have made you miss work, allowing you to seek lost income. Pain and suffering, mental anguish, and other non-economic damages may also be sought in your legal claim.
Negotiate for a Fair Settlement
Armed with evidence that proves negligence, the severity of your injuries, and the extent of your damages, your Washington State concussion lawyer can negotiate with the insurance company of the at-fault party. It may take several rounds of negotiations but most personal injury cases will be resolved in this way.
Fight for You in the Courtroom
There is a chance that the insurer or the defendant will refuse to provide a sufficient settlement. Your attorney will be prepared to take your case to trial from the beginning and will demand maximum compensation in front of a judge and jury.
A head injury attorney in Washington State plays a major role in these types of cases, giving you a better chance of having the outcome you deserve.
Why Choose Jacobs and Jacobs Personal Injury Law for Concussion Legal Representation in Washington?
Suffering a concussion is a major ordeal and when someone else has behaved in a negligent way to cause this to happen to you, they should be held responsible for their actions. At Jacobs and Jacobs Injury Law Group, we are on your side with concussion legal representation in Washington.
Extensive Experience
The combined legal experience of all the attorneys on our team is over 100 years. With the knowledge that comes from this kind of experience, you can trust our capability to represent your personal injury case.
Proven Track Record of Success
In just the last five years, we have secured settlements and verdicts totalling over $113 million. We find success in taking the right steps from the start by conducting thorough investigations and gathering evidence to leverage an outcome that works in your favor.
Client-First Approach
At Jacobs and Jacobs, we wouldn’t be here without you, which is why our clients always come first. We prioritize your needs and always act in your best interests.
Unwavering Support and Seamless Case Management
After being injured through no fault of your own, your world may feel like it’s been turned upside down. Our mission is to right the wrongs you have endured as we stand up for your rights. We provide a seamless process from start to finish to minimize your stress and allow you the best chance to heal.
Take the next steps to get your life back on track and contact us for a free initial consultation.