Tacoma Brain Injury Attorney

What Causes Traumatic Brain Injuries?

The most common cause of traumatic brain injuries (TBIs) is blunt trauma, but that trauma can come from a multitude of places. Common causes are falls (especially for young children and the elderly), sports injuries, auto accidents (especially in those not wearing their seat belts), and other violence, but a TBI can happen in unusual ways as well. Approximately 1.7 million brain injuries of varying severity occur each year, and a disturbing proportion of them are due to the negligence of another person.

Symptoms of a mild brain injury can mimic those of a particularly bad flu or cold, with nausea, headaches and poor sleep patterns being the most common symptoms. More severe injuries will obviously present differently, with the main symptoms being confusion, convulsions or seizures, severe nausea and dizziness, and loss of consciousness.

How To Sue For A TBI

Obviously, if a TBI is due to something you did, there is no cause of action, but if you were injured through the fault of another person, the best way to attempt to obtain compensation from them in most cases is to file a negligence claim. Negligence law requires that the plaintiff show four things: (1) that a duty of care exists between plaintiff and defendant; (2) that the duty was breached; (3) that the breach was the direct cause of plaintiff’s injuries, and (4) tangible injuries; in other words, injury that lasted. A traumatic brain injury is most decidedly a tangible injury.

There are many legal theories that involve negligence law, though they fall under different names. For example, if you suffer a TBI on someone else’s property, you would most likely bring suit against them under a theory called premises liability. Alternatively, a doctor causing a TBI would fall under the legal theory of medical malpractice. Determining which legal theory is right for you can be made easier by talking to a Seattle personal injury lawyer.