Washington Traumatic Brain Injury Attorney
A brain injury can leave a person looking perfectly fine on the outside, and that is exactly why these claims get fought so hard. Injury Law Group NW represents Washington residents who suffered a Washington traumatic brain injury attorney level of harm because of someone else’s negligence, handling brain injury claims arising from car and truck crashes, construction accidents, falls, medical errors, and dangerous property conditions throughout King County and the greater Seattle area.
Concussions and more serious brain trauma often produce no visible wound and sometimes no abnormal result on a scan. The person may be dealing with headaches, memory gaps, irritability, trouble concentrating, sleep disruption, or sensitivity to light and noise, while an adjuster reads a clean imaging report and concludes nothing is wrong. Closing that gap between how a person actually functions and what the paperwork shows is most of the work in a brain injury case.
Brain injury claims also run on a longer clock than most. The full effect of the injury may not be understood for many months, and settling before it is known can mean accepting a number that never accounts for the years ahead.
Why Choose Injury Law Group NW for a Brain Injury Claim
Injury Law Group NW is a personal injury firm serving injured people and families across King County, the Eastside, Seattle, and the wider Puget Sound region. Our attorneys spent decades defending insurance companies before representing injury victims, and that history matters in brain injury cases because these are the claims insurers are most inclined to minimize. We know which records adjusters look for, how claims are valued internally, and when a carrier is preparing to settle versus preparing to fight. Every claim is prepared as though it will go to trial, since insurers tend to pay more fairly when they know the lawyer across the table will actually try the case.
Troy Hunter, our Founding Partner, spent 16 years in insurance defense litigation, mostly as a partner at Floyd, Pflueger & Ringer, and he also serves as a dispute mediator. Attorney David D. Mordekhov spent two decades at Gardner Trabolsi & Mordekhov trying wrongful death, catastrophic injury, and product liability cases, the same kind of high-stakes litigation a serious brain injury often becomes. Troy and David are both rated AV Preeminent by Martindale-Hubbell. David has been selected to the Super Lawyers list and teaches trial and deposition skills as faculty at the National Institute for Trial Advocacy. Associate Attorneys Warren Barreiro and Hannah Shergold complete the team, and our attorneys have argued at every level of the Washington court system, from district court to the Washington Supreme Court. The firm is a member of the Washington State Association for Justice.
Our results include more than $1 million recovered 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 arising from a semi-truck crash on I-5 and a transit bus collision in a Seattle crosswalk. Past results do not guarantee a future outcome. Clients consistently describe the team as responsive, communicative, and honest, and dedicated case managers return calls and texts promptly. David is fluent in Russian and Warren speaks Spanish. Consultations are free and confidential, we work on a contingency fee so you owe no attorney fee unless we recover money, and if travel is hard we will meet you at home or at the hospital.
Where Brain Injuries Come From in Washington Claims
- Car, Truck, and Motorcycle Crashes: Rapid acceleration and sudden stops can injure the brain even when the head never strikes anything. Crashes on I-5, I-90, and I-405 and on busy arterials across King County produce many of these claims, and motorcyclists and pedestrians face added exposure because they have no vehicle around them.
- Construction Site Falls and Strikes: Falls from ladders and scaffolds, and objects dropped from above, are leading causes of serious head trauma on job sites. A worker can receive workers’ compensation and still bring a separate claim against a negligent third party who was not the worker’s employer.
- Slip and Fall and Premises Injuries: Wet entryways, icy walkways, broken stairs, and poor lighting at stores and apartment complexes send people to the ground headfirst. Retail liability claims depend on showing the owner knew or should have known about the hazard and failed to fix it or warn visitors.
- Medical Malpractice: Missed bleeding in the brain, delayed diagnosis, surgical mistakes, and birth injuries can cause or worsen brain damage. These claims require qualified medical experts to establish what the accepted standard of care required.
- Bus and Transit Collisions: Passengers thrown within a vehicle and pedestrians struck by buses can suffer head trauma. When a public agency is involved, special claim-filing rules apply before a lawsuit can begin.
- Wrongful Death From Head Trauma: When a brain injury proves fatal, Washington law allows the personal representative to bring a claim for the benefit of the surviving spouse, domestic partner, and children, or for parents or siblings if none of those exist.
- Dog Attacks and Other Falls: Washington makes a dog owner liable for a bite regardless of the dog’s history, and being knocked down by an animal can also cause a head injury that has nothing to do with a bite.
What to Do After a Suspected Brain Injury
Get medically evaluated even if you feel mostly fine. Symptoms of a brain injury can surface hours or days later, and a gap between the incident and your first visit is something insurers use to argue the injury came from somewhere else. Tell every provider about every symptom, including the small ones such as forgetfulness, mood swings, or fatigue, because the record you build in the first weeks becomes the backbone of your claim. In the Issaquah, Bellevue, and Seattle areas, that evaluation may start at an emergency room and should continue with follow-up care rather than ending after one visit.
Keep a simple daily record of how you feel and what you struggle with: missed words, lost time, headaches, trouble at work, nights without sleep. People close to you often notice changes you do not, so ask a spouse, coworker, or friend to write down what they observe. Photograph the scene, keep damaged clothing or a damaged helmet, and report the incident to the police if it involved a crash, to the property owner or manager if it happened in a store or building, and to your employer if it happened at work.
Be careful with insurance companies. You are generally not required to give a recorded statement to the at-fault party’s insurer, and an early statement from someone with a concussion can be used against them later. Do not accept a quick settlement offer while your treatment is still unfolding.
Deadlines matter. Most Washington injury lawsuits must be started within three years. A case is treated as commenced when it is filed or served, provided the other step follows within 90 days. Medical malpractice claims generally must be commenced within three years of the negligent act or one year from when you discovered or reasonably should have discovered the cause, whichever is later. Claims against the state or a local government require a formal claim to be presented first, followed by a 60-day waiting period before suit, and the limitations period is paused during that window. An action filed within five court days after the 60 days run is treated as filed on the first day after they end. Claims against local entities go to that entity’s designated claims agent, whose information is a public record.
Cases valued at the district court ceiling or below can be heard in King County District Court, while larger claims are filed in King County Superior Court, which sits in Seattle and at the Maleng Regional Justice Center in Kent. Where a case is heard depends largely on where you live and the size of the claim, and we handle that selection with you.
How a Brain Injury Case Typically Unfolds
The first stage is treatment and evidence gathering, not negotiation. We help clients find the right doctors, which may include neurologists, neuropsychologists, and rehabilitation specialists, and we collect records, imaging, employment history, and statements from family and coworkers. Because standard scans often look normal after a mild or moderate injury, neuropsychological testing and detailed functional evidence frequently carry the case.
The second stage is waiting for medical clarity. A claim should not be valued until your providers can speak to what your recovery looks like and what limitations may remain. Settling early is the most common way brain injury victims undercount their own damages. Where the injury affects the ability to work, we build vocational evidence to show lost earning capacity, and where care will continue, we document future medical needs.
Next comes the demand and negotiation, followed by litigation if the insurer will not value the claim fairly. Because we prepare every file for trial, discovery, depositions, and expert work begin with that end point in mind. Many cases still resolve before a jury is seated, but they resolve on better terms when the other side believes the case can be tried. Washington follows pure comparative fault, so if you are found partly responsible your recovery is reduced by your share but not eliminated; there is no cutoff at 50 or 51 percent.
Common Questions About Washington Brain Injury Claims
How long do I have to file a brain injury lawsuit in Washington?
Most personal injury claims must be commenced within three years, and a wrongful death claim runs three years from the date of death. Medical malpractice has its own rule tied to the negligent act or the discovery of the injury. Claims against government entities require a formal claim first. Because the right deadline depends on the facts, speak with a lawyer early.
Can I have a brain injury if my CT scan or MRI was normal?
Yes. Many concussions and diffuse injuries do not appear on standard imaging. Diagnosis often rests on symptoms, neurological examination, and neuropsychological testing, which is why consistent medical records matter so much.
What compensation is available in a brain injury case?
Washington damages can include past and future medical care, lost wages and reduced earning capacity, and pain and suffering. The value depends on the severity and permanence of the injury, your treatment, how it changes your daily life, and the insurance coverage available.
What if I was partly at fault for the accident?
You can still recover. Washington’s pure comparative fault rule reduces your award by your percentage of fault without barring the claim. Insurers often inflate an injured person’s share, so the facts deserve a careful look.
Who pays my medical bills while my claim is pending?
After a crash, personal injury protection coverage on your auto policy can pay medical costs and some lost wages regardless of fault unless you rejected it in writing. Health insurance may also pay. We work to coordinate these sources so treatment continues while the claim moves forward.
How much does it cost to hire Injury Law Group NW?
The first consultation is free and confidential. We take injury cases on a contingency fee, so you owe no attorney fee unless we recover compensation for you.
Should I wait until I am fully recovered before calling a lawyer?
No. Waiting does not help your claim and can hurt it. Early involvement preserves evidence, protects you from damaging statements, and helps guide your treatment, while settlement timing can still be held until your condition is better understood.
What if a coworker or job-site hazard caused my head injury?
Workers’ compensation generally covers on-the-job injuries, but Washington allows an injured worker to also seek damages from a negligent third party who was not in the same employ. The Department of Labor and Industries or a self-insurer must be given notice when such a case is filed and may assert an interest in the recovery.
What if the driver who hit me had little or no insurance?
Washington requires auto insurers to offer underinsured motorist coverage, covering hit-and-run and phantom vehicle situations as well, unless a named insured rejected it in writing. Coverage amounts generally match your liability limits. Motorcycle policies are treated differently, with an opportunity to reject that coverage offered by the insurer.
Can a family member bring a claim if a brain injury caused a death?
Yes. The personal representative of the estate brings the action for the benefit of the spouse or domestic partner and children, or for parents or siblings if there are none. The estate may also recover the person’s own economic losses and, where qualifying beneficiaries exist, their pain and suffering before death.
Will my case go to trial?
Most do not, but how a case resolves depends on how fairly the insurer values it. We prepare every claim for trial, which tends to produce better settlement offers and leaves us ready if the insurer will not move.
Will I need medical experts?
Almost certainly. Brain injury cases rely on treating physicians and often on neuropsychologists, vocational specialists, and other experts to explain the injury and its lasting effects. In malpractice cases, qualified medical experts are required to address the standard of care.
Serving Brain Injury Clients Across King County and Beyond
Injury Law Group NW represents brain injury victims throughout King County, from Issaquah and the Eastside communities of Bellevue, Sammamish, Redmond, and Kirkland to Seattle, Kent, and Renton. We also serve clients elsewhere in the greater Seattle area and across the Puget Sound region, along with injured people throughout Washington. Whether a crash happened on I-90, I-405, or I-5, at a job site, in a store, or in a hospital, we handle these cases for families in each of these communities, and we will come to you at home or in the hospital when recovery makes travel difficult.
Talk With a Washington Brain Injury Lawyer Today
If you or someone close to you suffered a brain injury because of another party’s carelessness, call or text Injury Law Group NW to schedule a free, confidential consultation with a Washington brain injury lawyer. We will listen to what happened, explain how these claims are valued and fought, and tell you plainly what a fair recovery looks like. We give hope. We get results.
