If you've suffered a traumatic brain injury,

we're serious about committed to invested in dedicated to attentive to focused on your case.

When dealing with the aftermath of a traumatic brain injury (TBI), it’s important to have legal support from a firm that truly cares about you. At Kapuza Lighty, we offer personalized service, ensuring you’re never just another case file. Our goal is to protect your rights, allowing you to focus on your recovery while we handle the legal complexities.

We understand the emotional and physical toll that brain injuries can have on both the victim and their family. With years of experience and a proven record in handling TBI cases, we’re equipped to help secure the compensation you deserve.

TBI Settlements We’ve Secured in the Past

2,000,000

forklift accident resulting in severe brain injury

1,955,000

car accident resulting in a TBI

1,500,000

motorcycle accident resulting in brain injury

Symptoms of a Traumatic Brain Injury

Traumatic brain injuries can manifest in a variety of ways. The symptoms are typically categorized into three groups: physical, emotional, and cognitive.

Physical Symptoms

You may experience physical symptoms such as blurred vision, dizziness, loss of vision and/or repeated headaches.

Emotional Symptoms

Emotional symptoms like mood changes, changes in appetite, and personal changes may appear.

Cognitive Symptoms

It's common to experience difficulty concentrating, short-term memory loss, and/or disorientation.

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Types of Traumatic Brain Injuries

Concussion

Concussions are the most common type of TBI and often result from car accidents, sports injuries, or falls. They can occur from direct or indirect head impacts, such as whiplash. Though usually classified as mild, concussions can cause long-term effects, especially in cases of post-concussion syndrome.

Coup-Contrecoup Injuries

This type involves brain contusions on both sides of the brain—where the impact occurs and on the opposite side due to the brain rebounding within the skull. These injuries are common in car accidents or high-impact events.

Diffuse Axonal Injury (DAI)

DAIs occur when the brain tears due to rapid acceleration or deceleration, often seen in severe car crashes or shaken baby syndrome. These injuries are severe and can result in significant brain damage, coma, or even death.

Brain Contusions

These severe bruises on brain tissue often result from blunt force trauma. They can cause swelling (edema) and may require surgical intervention if intracranial pressure increases. Attorneys encounter these injuries in workplace or slip-and-fall accidents.

Penetrating Brain Injuries

These injuries occur when an object, such as a bullet or sharp object, penetrates the skull and damages brain tissue. Cases involving workplace accidents, violent crimes, or gunshot wounds often feature this type of injury.

Subdural Hematomas

A subdural hematoma results from blood pooling between the brain and its outer covering (the dura) after a blood vessel ruptures. These are common in falls or car accidents, particularly in older adults, and can become life-threatening without treatment.

Anoxic or Hypoxic Brain Injuries

These injuries stem from oxygen deprivation to the brain, which can occur during near-drownings, medical malpractice cases, or workplace incidents involving toxic environments. Even a few minutes of oxygen loss can cause severe and permanent damage.

Chronic Traumatic Encephalopathy (CTE)

CTE develops from repeated head trauma over time, often seen in athletes or workers in high-impact industries. Though it progresses slowly, the condition leads to significant long-term emotional, cognitive, and physical impairments.

Damages in a TBI Lawsuit

If you’re able to prove the key elements of your traumatic brain injury claim, you could recover the compensation you deserve for your losses. In these cases, your losses generally fall into two main categories, both rooted in the legal concept of damages:

Economic Damages

These include the costs of medical treatment for your injuries, such as hospital bills, doctor’s visits, and ongoing therapy, as well as any income you lose from being unable to work during your recovery.

Noneconomic Damages

These refer to your subjective losses, which encompass pain and suffering, the impact on your personal relationships, and emotional distress caused by the accident and your injuries.

Estimating the right amount of compensation can be complex, but an experienced traumatic brain injury lawyer in Yakima knows exactly how to handle it. For instance, our team will request copies of all your medical bills and receipts, and if you’re self-employed, we’ll review your paystubs or profit-and-loss statements to understand the full scope of your financial losses. This helps us accurately calculate your economic damages.

When it comes to noneconomic losses, we rely on our experience. Having represented countless clients, we know how a jury evaluates claims related to pain and suffering or emotional distress. In many cases, our clients are able to secure several times the amount of their economic damages in pain and suffering compensation.

Common Brain Injury Questions

How do I know if I have a traumatic brain injury (TBI) after an accident?

Traumatic brain injuries aren’t always immediately obvious. Symptoms like headaches, dizziness, memory problems, mood changes, or difficulty concentrating could indicate a TBI, even if you didn’t hit your head or lose consciousness. It’s essential to seek medical attention after any significant accident to evaluate for potential brain injuries.

Can I file a brain injury claim if the symptoms didn’t appear right away?

Yes, delayed symptoms are common with TBIs, especially with injuries like concussions or diffuse axonal injuries. As long as you can demonstrate that the injury resulted from the accident, you may still have a valid claim. Prompt medical evaluation and documentation are crucial for strengthening your case.

What types of compensation can I pursue for a traumatic brain injury?

If you’ve suffered a traumatic brain injury, you may be entitled to seek compensation for various losses. This can include your current and future medical expenses, wages lost due to time away from work, and any reduction in your future earning capacity caused by your injury. You might also be eligible for damages related to your physical pain and suffering, emotional distress, and the impact the injury has had on your relationships, such as loss of companionship or support. An experienced attorney can evaluate the specifics of your case to determine what types of compensation you may be eligible to pursue.

What if the accident that caused my brain injury was partially my fault?

Washington follows a “comparative negligence” system. This means you can still recover damages, but your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found 20% at fault, your compensation will be reduced by 20%.

How long do I have to file a claim for a brain injury in Washington?

The statute of limitations for personal injury claims in Washington is typically three years from the date of the accident. However, starting your claim sooner rather than later is advisable to preserve evidence and meet legal deadlines.

How much is my brain injury case worth?

The value of a brain injury case depends on several factors, including the severity and long-term impact of the injury, the costs of medical treatment (both past and future), lost income and diminished earning potential, as well as the emotional and physical suffering you’ve endured. A qualified TBI attorney can analyze these elements and provide a more specific estimate after reviewing the unique details of your case.

Why should I hire a lawyer for my brain injury case?

Brain injury cases are highly complex, often requiring you to navigate negotiations with insurance companies, coordinate with medical experts, and adhere to strict legal deadlines. An experienced attorney can advocate for maximum compensation, handle all negotiations and paperwork, gather critical evidence to establish liability, and work with medical professionals to demonstrate the severity of your injury. By hiring a lawyer, you can focus on your recovery while they manage the legal complexities on your behalf.