After an accident, you might think a concussion is a minor issue you can handle on your own, but it’s actually a brain injury with potentially serious and long-lasting consequences. You may need a lawyer for a concussion because an experienced brain injury attorney can help you prove the full extent of your injury, calculate its true impact on your life, and fight for the financial recovery you deserve from the insurance company. While you focus on resting and healing, a legal advocate can handle the complex claims process for you, ensuring your voice is heard and your recovery is taken seriously.
Key Takeaways for Why You Need a Lawyer if You Suffered a Concussion
- A concussion is a type of mild Traumatic Brain Injury (TBI) that can have significant, long-term physical, cognitive, and emotional effects.
- Insurance companies often try to minimize concussion claims by offering quick, low settlements that may not cover future medical needs or lost income.
- A personal injury attorney can gather essential evidence, such as medical records and expert opinions, to build a strong case proving the full impact of the concussion.
- An attorney calculates all potential damages, including medical bills, lost wages, and non-economic damages like pain and suffering, to determine the claim's true value.
- In Washington, personal injury claims are subject to specific laws, including a statute of limitations and comparative fault rules, which a legal professional can navigate.
- Hiring an attorney on a contingency fee basis means there are no upfront costs, and the fee is a percentage of the final settlement or award.
The "Invisible" Injury: Why Concussions Are So Often Underestimated
A concussion happens when a jolt or blow to the head causes the brain to move rapidly back and forth inside the skull. This movement can stretch and damage brain cells, leading to chemical changes in the brain. A concussion is a type of mild Traumatic Brain Injury, or TBI. The term "mild" can be misleading, as the effects can be anything but.
Unlike a broken bone, a concussion isn’t visible. This can make it hard for friends, family, and especially insurance adjusters to understand what you’re going through. Symptoms can appear immediately or take hours, or even days, to develop.
Common symptoms of a concussion can include:
- Headaches or a feeling of pressure in the head
- Confusion, memory problems, or difficulty concentrating
- Dizziness, nausea, or balance problems
- Sensitivity to light and noise
- Mood changes, such as irritability, sadness, or anxiety
- Sleep disturbances, either sleeping more or less than usual
It’s important to remember that this list is not exhaustive, and everyone experiences a concussion differently. These symptoms can disrupt your ability to work, study, and even perform simple daily tasks, which is why taking this injury seriously from the very beginning is so important for your health and any potential legal claim.
How a Concussion Can Impact Your Life in Seattle and Tacoma
Living in the Puget Sound region, from the bustling streets of Seattle to the waterfront communities in Tacoma, requires you to be sharp and focused. A concussion can rob you of that focus, creating significant challenges in every part of your life. The impact is not just physical; it's deeply financial and emotional as well.
Consider the various ways a concussion can affect you:
- Financial Strain: The costs add up quickly. There are initial emergency room visits, follow-up appointments with neurologists or other specialists, and potentially expensive diagnostic imaging. If your symptoms prevent you from working, the loss of income can be devastating, especially with the high cost of living in our area.
- Emotional and Mental Toll: Living with constant headaches, brain fog, or mood swings is exhausting. It can strain relationships and lead to feelings of isolation and frustration. The simple joy of a walk along Ruston Way or a visit to the Pike Place Market might feel overwhelming due to noise and crowds.
- Physical Limitations: Recovery from a concussion requires significant rest—both physical and mental. This means time away from work, hobbies, and social activities. For many, this forced downtime is not just boring; it’s a source of immense stress and anxiety about falling behind.
These challenges are real and significant. A personal injury claim is designed to provide compensation for these exact types of losses, helping to provide the financial stability you need to focus completely on your recovery.
The Insurance Company Is Not on Your Side
After an accident caused by someone else, you will likely have to deal with their insurance company. It’s crucial to understand that the insurance adjuster, while they may seem friendly and helpful, has one primary goal: to protect their company's bottom line. This means paying out as little as possible on your claim.
Because concussions are "invisible" injuries with subjective symptoms, they are a common target for insurance companies looking to minimize a payout. Adjusters may use several tactics to devalue your claim.
- Offering a Quick, Lowball Settlement: The adjuster might contact you soon after the accident and offer a quick check. This may seem tempting, especially with bills piling up, but it's almost always a fraction of what your claim is truly worth. Once you accept it, you forfeit your right to seek any further compensation, even if your symptoms worsen.
- Downplaying Your Symptoms: They might suggest your headaches are just stress or that your memory issues are unrelated to the accident. They will look for any reason to argue that your concussion is not as serious as you and your doctor say it is.
- Using Your Own Words Against You: The adjuster will likely ask to record a statement from you. They are trained to ask questions that can lead you to say something that undermines your case. Saying "I'm fine" out of politeness could be used later to argue you weren't seriously injured.
Fielding these tactics while trying to recover from a brain injury is an unfair fight. Having an advocate who knows how to handle these communications can level the playing field.
Why You Need a Lawyer for a Concussion Claim
Hiring a lawyer for a concussion injury is about more than just having someone to talk to the insurance company. A skilled personal injury attorney takes on the entire burden of the legal process, allowing you to focus on the one thing that matters most: getting better.
A Lawyer Gathers Crucial Evidence for Your Concussion Case
Proving a concussion and its effects requires strong evidence. An attorney knows exactly what is needed to build a compelling case. This includes gathering medical records that document your diagnosis, treatment, and prognosis. It also involves collecting police reports, photos from the accident scene, and statements from any witnesses.
In some cases, your lawyer may consult with medical professionals who can provide an opinion on the long-term impact of your injury, which can be a powerful tool in negotiations.
A Lawyer Calculates the True Value of Your Claim
How much is a concussion claim worth? The answer is complex and depends on many factors. An attorney will meticulously calculate all your losses, which are legally referred to as "damages."
There are two main types of damages in a personal injury claim:
- Economic Damages: These are the tangible financial losses you have suffered. They include all past and future medical bills, lost wages from time off work, and any loss of future earning capacity if the injury impacts your ability to do your job long-term.
- Non-Economic Damages: These are the intangible losses that don't have a specific price tag but significantly impact your quality of life. This includes pain and suffering, emotional distress, loss of enjoyment of life, and the impact on your personal relationships.
Without legal experience, it’s nearly impossible to accurately value the non-economic portion of your claim. An attorney uses their knowledge of past cases and Washington state law to arrive at a fair valuation and fight for a settlement that covers all your damages.
A Lawyer Handles All Communication and Negotiation
Once you hire a personal injury lawyer, all communication from the insurance company will go through their office. This immediately lifts a huge weight off your shoulders. You no longer have to worry about saying the wrong thing or being pressured into an unfair settlement. Your attorney will handle all the paperwork, phone calls, and negotiations on your behalf, keeping you informed every step of the way.
Understanding Washington's Laws on Personal Injury
The legal system has specific rules and deadlines that can greatly affect your ability to recover compensation. Two of the most important laws in Washington for personal injury cases are the statute of limitations and the rule of comparative fault.
In Washington, you generally have three years from the date of the injury to file a lawsuit. This is known as the statute of limitations, as defined in the Revised Code of Washington (RCW) 4.16.080. If you miss this deadline, you will likely lose your right to seek compensation forever.
Washington also follows a "pure comparative fault" rule, detailed in RCW 4.22.005. This means you can still recover damages even if you were partially at fault for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if you are found to be 10% at fault for a car accident on I-5, your final award would be reduced by 10%. Insurance companies often try to use this rule to shift as much blame as possible onto the victim to reduce their payout. A lawyer can protect you by fighting to show that the other party was primarily or entirely responsible.
FAQs: Why Do I Need a Lawyer if I Just Suffered a Concussion?
Here are answers to some common questions that arise after suffering a concussion in an accident.
What if my concussion symptoms didn't show up right away?
It is very common for concussion symptoms to be delayed. It’s important to seek medical attention as soon as you notice any symptoms, even if it's days after the accident. An attorney can help connect your delayed symptoms to the initial incident, using medical records and timelines to build your case and counter insurance company arguments that the injury isn't related.
How much does it cost to hire a lawyer for a concussion?
Most personal injury attorneys work on a contingency fee basis. This means you do not pay any legal fees upfront. The attorney’s fee is a percentage of the final settlement or award they recover for you. If you don't win your case, you don't owe any attorney's fees. This arrangement allows everyone to access quality legal representation, regardless of their financial situation.
What are the long-term effects of a concussion?
While many people recover fully, some can experience long-term problems. This can include persistent headaches, chronic dizziness, memory and concentration issues, and an increased risk for mood disorders like depression and anxiety. In some cases, a person may develop Post-Concussion Syndrome, where symptoms last for months or even years.
Do I have to go to court for a concussion claim?
The vast majority of personal injury claims are settled out of court through negotiations between your attorney and the insurance company. However, if the insurance company refuses to make a fair settlement offer, a good attorney will be prepared to file a lawsuit and take your case to trial to fight for the compensation you deserve.
Let Us Guide Your Path to Recovery
A concussion is difficult enough without having to fight a legal battle on your own. At The Ye Law Firm Injury Lawyers, we understand the immense physical, emotional, and financial toll a brain injury can take. Chong Hae Ye was inspired to become a lawyer after his own parents were in a car accident and didn't receive the compassionate representation they deserved. He built his firm on the principle that every client deserves to be treated with dignity and respect.
We are here to provide that support for you. As a multilingual firm serving the Seattle and Tacoma communities, we are proud to offer services in English, Korean, and Spanish, ensuring that you can communicate comfortably and confidently about your case. We want to take the legal burden off your shoulders so you can focus on healing.
If you or a loved one has suffered a concussion due to someone else's negligence, please contact us today at (253) 946-0577 or through our online form for a free, no-obligation consultation. Let us walk through this process with you and help you get the justice you deserve and the care you can trust.