Seattle Traumatic Brain Injury Attorney
The hardest thing about a brain injury claim is that the injury is often invisible. A CT scan can come back clean while a person struggles with memory gaps, light sensitivity, personality changes, and an inability to hold a job. Injury Law Group NW represents people with head injuries caused by someone else’s negligence, and as a Seattle traumatic brain injury attorney team we serve clients throughout Seattle, King County, and the greater Puget Sound region.
Insurers know that a brain injury without a dramatic imaging result is easier to minimize. They point to a normal scan, a quick return to work, or a gap in treatment, and argue that the symptoms are exaggerated or unrelated to the crash. A strong TBI case is built to answer those arguments before they are made, with the right diagnosis, consistent medical records, and evidence of how the injury changed daily life.
What Makes a Brain Injury Claim Harder to Prove Than Other Injuries
A broken leg shows up on an X-ray and nobody argues about whether it exists. Mild and moderate brain injuries are different. Concussions and diffuse injuries often leave standard imaging unremarkable, and the person living with them may look completely fine in a short conversation with an adjuster. The symptoms tend to be cognitive and emotional: trouble concentrating, word-finding problems, irritability, sleep disruption, headaches, and fatigue that does not match activity level.
Because of this, the proof usually comes from several sources working together. Treating physicians document the course of symptoms. Neuropsychological testing can measure deficits in memory, processing speed, and executive function. Family members, coworkers, and friends can describe changes they saw from the person they knew before. Employment records can show a decline in performance. None of this happens automatically, and each piece has to be gathered while memories are fresh and records are available.
Severe brain injuries raise a different set of issues. The question becomes the lifetime cost of care, the loss of earning capacity, and whether a person will ever be able to work again. That requires medical and vocational evidence projected years into the future, not just a tally of current bills.
Why Choose Injury Law Group NW for a Seattle Brain Injury Case
Injury Law Group NW is a personal injury firm serving injured people and grieving families across Seattle, Bellevue, the Eastside, and all of King County. Our attorneys spent decades defending insurance companies before representing injury victims, and we use that experience to push for full compensation. Clients can reach us for a free, confidential consultation, and we handle cases on a contingency fee basis, so there is no attorney fee unless we recover money for you. If your injuries make travel difficult, we will come to you at home or at the hospital.
Founding partner Troy Hunter spent 16 years in insurance defense litigation, mostly as a partner at Floyd, Pflueger & Ringer, defending insurers and their corporate clients in personal injury and wrongful death matters. He also serves as a dispute mediator. Attorney David D. Mordekhov spent two decades at the Seattle defense firm Gardner Trabolsi & Mordekhov, trying catastrophic injury and wrongful death cases before judges and juries. Troy and David are both rated AV Preeminent by Martindale-Hubbell, David has been selected to the Super Lawyers list, and David teaches trial and deposition skills as faculty at the National Institute for Trial Advocacy. Associate attorneys Warren Barreiro and Hannah Shergold are part of the team, and the firm is a member of the Washington State Association for Justice. Our attorneys have argued at every level of the Washington court system, from district court to the Washington Supreme Court.
That background matters in a brain injury case because these are the claims insurers are most likely to dispute. We know which records adjusters look for, how they value a claim internally, and what they say when they are preparing to deny it. We prepare every claim as though it will be tried, because insurers pay more fairly when they know the lawyer on the other side will go to court. Results include more than $1 million for parents whose newborn died after a hospital failed to adequately test for Group B Strep, a case that also led the hospital to change its procedures, along with mid-six-figure settlements in serious Seattle-area crash cases, including one for an elderly woman struck by a transit bus in a downtown crosswalk. Past results do not guarantee a future outcome. Clients describe our team as responsive, honest, and clear about what is happening in their case, and our case managers return calls and texts promptly. David Mordekhov is fluent in Russian and Warren Barreiro speaks Spanish.
Common Ways Brain Injuries Happen in the Seattle Area
- Car, Truck, and Motorcycle Crashes: High-speed impacts on I-5, I-90, SR 520, and I-405, and stop-and-go collisions on city arterials, can snap the head forward and back or into a window or pillar without any direct blow. Whiplash-type acceleration and deceleration alone can injure the brain. Motorcyclists face added risk, and helmet use does not rule out a claim.
- Pedestrian and Bicycle Collisions: Crosswalk and intersection strikes by cars and buses in dense neighborhoods often send a person’s head to the pavement. These are among the most serious head-injury scenarios because of the force and the lack of any protection around the victim.
- Construction Site Falls: Falls from ladders, scaffolds, and roofs, and strikes from dropped tools or materials, are a leading source of severe head trauma. Beyond workers’ compensation, third-party claims against negligent contractors, owners, or equipment makers can provide additional compensation.
- Slip and Fall Injuries: Wet entryways during Seattle’s rainy months, icy walkways, broken stairs, and poor lighting cause falls onto hard floors. A fall in a store, apartment complex, or parking structure can produce a serious head injury, especially for older adults.
- Medical Negligence: Oxygen deprivation during surgery or childbirth, delayed treatment of a stroke or bleed, and missed diagnoses can cause brain damage that would not have occurred with proper care. These claims require qualified medical experts.
- Bus and Transit Accidents: Passengers thrown within a vehicle and people struck outside it can suffer head trauma. Claims involving public transit agencies carry special notice requirements that run before a lawsuit can be filed.
- Falling Objects and Premises Hazards: Merchandise falling from shelves and unsecured fixtures can strike a person in the head, creating a retail liability claim against the store.
What to Do After a Head Injury in Seattle
Get medical care first, even if you feel mostly fine. Headache, dizziness, nausea, confusion, and sensitivity to light or noise can be delayed, and a person who has had a brain injury is often the worst judge of whether they are impaired. Emergency departments in the Seattle area can evaluate you the same day, and your follow-up care should go through a physician who understands head trauma. Tell every provider about every symptom, including the ones that seem minor or embarrassing, because the medical record is the foundation of your claim. Gaps in treatment give insurers an argument that you recovered or that something else caused the problem.
If a crash was involved, make sure a police report is filed and gather what you can: photos of the scene, vehicle damage, and your injuries, plus witness names and contact information. Keep a simple daily record of symptoms, missed work, and tasks that have become difficult. Ask a family member to help, since brain injuries can make self-reporting unreliable. Do not post about the incident or your activity on social media, and be cautious about giving a recorded statement to the other side’s insurer before speaking with a lawyer. You are generally not required to give one to the at-fault driver’s insurance company.
Mind the deadlines. Most Washington personal injury lawsuits must be filed within three years, and wrongful death claims follow the same three-year period, counted from the date of death. A lawsuit is considered started when it is filed or served, provided the other step is completed within 90 days. Medical negligence claims have their own timing rules, including a one-year discovery period and an eight-year outer limit, so these cases should be reviewed early. If a government entity such as a city, county, transit agency, or the state is involved, a formal claim must be presented first and a 60-day waiting period must pass before a suit can be filed; email and fax generally do not count as proper delivery for local government claims. The limitations period can be paused for someone who is under 18 or who is legally unable to understand the proceedings because of a disability, but that is not a reason to wait.
Most Seattle-area injury suits are filed in King County Superior Court, which hears matters from Seattle and north of I-90 at the King County Courthouse in Seattle, and matters from the south at the Maleng Regional Justice Center in Kent. District court can hear injury claims up to a set dollar limit, but a serious brain injury claim will usually exceed it and belong in Superior Court.
How Brain Injury Compensation Is Measured
Washington allows recovery for past and future medical care, lost wages, loss of earning capacity, and pain and suffering, which includes the loss of enjoyment of life. In a brain injury case, the future components are often the largest and the most contested. A person who can no longer perform at their prior level may lose decades of earnings even if they can still work part time. Cognitive rehabilitation, therapy, and assistive care can continue for years. Establishing those numbers usually takes treating physicians, neuropsychologists, and vocational experts.
Washington follows a comparative fault rule. If you share some responsibility, your recovery is reduced by your percentage of fault but not eliminated. Insurers like to inflate that percentage, and in brain injury cases they sometimes suggest that a pre-existing condition or an unrelated factor explains the symptoms. Careful medical documentation of how you functioned before and after the incident is the best answer to both arguments. When a brain injury leads to death, the personal representative of the estate can bring a wrongful death action for the benefit of a spouse, domestic partner, and children, or, if none, parents or siblings.
Questions About Seattle Brain Injury Claims
How long do I have to file a traumatic brain injury lawsuit in Washington?
Most personal injury actions must be filed within three years. Medical negligence claims have additional timing rules, and claims against government agencies require a formal claim and a 60-day wait before suing. Because these rules interact, it is best to have a lawyer review your situation early.
Can I have a brain injury claim if my CT scan or MRI was normal?
Yes. Many concussions and mild brain injuries do not appear on standard imaging. Diagnosis often rests on symptoms, a clinical exam, and neuropsychological testing, and those can support a claim even when a scan is clear.
What if my symptoms did not appear until days or weeks after the accident?
Delayed symptoms are common with head injuries. What matters is documenting them promptly once they begin and seeing a physician. We work to connect the timeline of symptoms to the incident with medical evidence.
Who pays my medical bills while the case is pending?
In a car crash, personal injury protection coverage is included in Washington auto policies unless rejected in writing, and it can pay medical expenses and some lost wages regardless of fault. Health insurance may also cover treatment. We help coordinate these sources while your claim moves forward.
What is a brain injury case worth?
Value depends on the severity of the injury, medical costs, lost income and earning capacity, the effect on daily life, and the available insurance coverage. Future care and lost earning capacity often drive the number in serious cases. We evaluate claims the way insurers do, so we can tell you what a fair recovery looks like.
Do I have to hire a lawyer to deal with the insurance company?
No, but brain injury claims are among the most heavily disputed, and an early statement or a quick settlement offer can undercut the full value. Speaking with a lawyer before you sign anything or give a recorded statement is wise.
Can I still recover if I was partly at fault for the accident?
Yes. Under Washington’s comparative fault rule, your compensation is reduced by your share of fault, but you are not barred from recovery.
How does a cognitive injury affect a claim when I went back to work?
Returning to work does not end a claim. We look at whether you are performing at your previous level, whether you needed accommodations, and whether your earning capacity or career trajectory has changed. Coworker and employer observations can be valuable.
What if a brain injury makes it hard for me to manage my own case?
Washington law can pause the filing deadline for a person who is legally unable to understand the proceedings because of a disability, and family members can be closely involved in the case. We communicate with clients and relatives in a way that suits the situation and will meet you at home or the hospital if needed.
Can a pre-existing condition or a prior concussion hurt my claim?
The insurer will likely raise it, but a prior condition does not necessarily defeat a claim. If an accident worsened an existing problem, you may recover for the aggravation. Records showing your baseline before the incident are important.
How long does a brain injury case take in King County?
It varies. Serious brain injury cases often take longer because treatment must stabilize enough to understand long-term effects before a fair value can be set. Settling too early can leave future care uncovered, so timing is a strategic decision made with your medical picture in mind.
Do you handle brain injury cases for Russian or Spanish speaking families?
Yes. Attorney David Mordekhov is fluent in Russian and has represented Russian and Ukrainian speaking families, and Warren Barreiro speaks Spanish.
Representing Brain Injury Clients Across Seattle and King County
We represent people throughout Seattle, from downtown, Capitol Hill, Queen Anne, and Ballard to Fremont, the University District, Green Lake, Northgate, and Wallingford. Our clients also come from West Seattle, Georgetown, Beacon Hill, Columbia City, Rainier Valley, and Magnolia. Across the rest of King County, we serve families in Bellevue, Kirkland, Redmond, Sammamish, Issaquah, Mercer Island, and Renton, as well as Kent, Tukwila, SeaTac, Burien, and Shoreline. We work with injured people throughout the Eastside and the broader Puget Sound region, and we travel to clients who cannot come to us. Many of the head injuries we see begin on the corridors that tie these communities together, including I-5, I-90, I-405, and SR 520.
Talk With a Seattle Brain Injury Attorney Today
If a head injury has changed your memory, your mood, your work, or your family’s life, a conversation with a Seattle brain injury attorney at Injury Law Group NW costs nothing. Call or text us for a free, confidential consultation. We will listen to what happened, explain how a claim like yours is built, and tell you honestly what a fair recovery could look like. You pay no attorney fee unless we recover compensation for you. We give hope. We get results.
