Traumatic Brain Injury Lawyers

Spokane Attorney for Head & Brain Injury / Concussions

Concussion & Traumatic Head Trauma – Free Consultation

A traumatic brain injury occurs when an external force causes brain dysfunction, typically resulting from a violent blow, jolt, or penetrating injury to the head. These injuries can happen in various accidents including car crashes, boating accidents, pedestrian accidents, bicycle collisions, motorcycle accidents, and trips and slip and falls. The brain, despite being protected by the skull, is vulnerable to damage when subjected to sudden acceleration, deceleration, or impact forces.

What makes TBI cases particularly challenging is that the victims often look fine – injury to the brain is not always apparent and many tests like standard CT and MRI scans will not reveal the microscopic injury to the brain. Victims may develop significant cognitive, emotional, or physical impairments that require lifelong care and support. Our experienced TBI attorney and team understand these complexities and work with leading medical experts to fully document the present and future impact of your brain injury.

Types and Severity of Traumatic Brain Injuries

Traumatic brain injuries are typically classified by severity and type, with each category presenting unique challenges for victims and their families. Understanding these classifications is crucial for developing appropriate treatment plans and legal strategies to ensure full compensation for current and future needs.

Mild TBI (Concussion)

Often called concussions, mild TBIs may involve brief loss of consciousness or altered mental state. Symptoms include headaches, confusion, memory problems, mood changes, and difficulty concentrating. While labeled “mild,” these injuries can have lasting effects on work, relationships, and daily functioning.

Moderate TBI

Moderate TBIs typically involve longer periods of unconsciousness and more pronounced symptoms. Victims may experience significant cognitive impairment, behavioral changes, and physical disabilities requiring extensive rehabilitation and ongoing support services.

Severe TBI

Severe TBIs often result in extended unconsciousness or coma, profound cognitive disabilities, and major physical impairments. These life-altering injuries typically require 24/7 care, extensive medical treatment, and comprehensive life care planning.

Specific Types of Brain Injuries

Diffuse axonal injury occurs when the brain’s connecting fibers are stretched or torn during rapid acceleration or deceleration, often resulting in widespread brain damage and long-term disabilities. Coup-contrecoup injuries happen when the brain strikes both the initial impact site and the opposite side of the skull, causing damage at multiple locations.

Penetrating brain injuries result from objects that pierce the skull and enter brain tissue, while closed head injuries involve damage without skull fracture. Hypoxic brain injuries occur when the brain is deprived of oxygen, often following near-drowning, cardiac arrest, or severe blood loss. Each type requires specialized medical understanding and legal expertise to properly evaluate and pursue compensation for medical bills after car crash and other damages.

The Hidden Nature of Brain Injuries

One of the greatest challenges in TBI cases is that brain injuries are often invisible to outside observers. Unlike a broken arm or visible wound, brain damage may not be apparent to family, friends, employers, or even medical professionals unfamiliar with TBI. This invisibility can lead to misunderstanding, lack of support, and inadequate compensation if the case isn’t handled properly.

Cognitive symptoms such as memory problems, difficulty concentrating, executive function deficits, and processing speed issues may not manifest immediately or may be attributed to stress or other factors. Emotional and behavioral changes including depression, anxiety, irritability, and personality alterations can strain relationships and affect every aspect of a victim’s life.

Long-Term Consequences of TBI

The long-term effects of traumatic brain injury can be profound and life-altering. Many TBI survivors experience chronic fatigue that makes previously simple tasks exhausting. Sleep disorders are common, further complicating recovery and daily functioning. Headaches may become chronic and debilitating, affecting work performance and quality of life.

Cognitive deficits can impact a person’s ability to work, manage finances, maintain relationships, and live independently. Some TBI survivors require assistance with basic daily activities, while others may appear functional but struggle with complex tasks or social situations. The unpredictability of symptoms can be particularly challenging for both victims and their families. For pedestrians who suffer TBIs in traffic crashes, working with a pedestrian accident attorney can help secure the resources needed for long-term care and rehabilitation.

The “Invisible” Nature of Brain Injuries

Brain injuries don’t always show up on initial CT scans or MRIs. Many TBI symptoms develop over time, making early documentation and expert evaluation crucial. Insurance companies often exploit this by claiming injuries aren’t real or are unrelated to the accident.

Building a Comprehensive TBI Case

Successful TBI litigation requires a multi-disciplinary approach involving medical experts, life care planners, vocational rehabilitation specialists, and economic experts. We begin by ensuring our clients receive appropriate medical evaluation from neurologists and neuropsychologists who specialize in traumatic brain injury diagnosis and treatment.

Neuropsychological testing provides objective evidence of cognitive impairments that may not be visible on brain imaging studies. These comprehensive evaluations assess memory, attention, processing speed, executive function, and emotional regulation, providing crucial documentation of how the brain injury affects daily functioning. We also look for vestibular and ocular disturbances and sophisticated brain scanning as objective proof of your brain injury. 

Life Care Planning for TBI Victims

Life care planning is essential in TBI cases to project the victim’s future medical needs, therapy requirements, assistive technology, home modifications, and care costs over their lifetime. These detailed plans, prepared by certified life care planners, provide the foundation for calculating future damages in TBI cases.

Life care plans may include ongoing neurological care, cognitive rehabilitation, occupational and physical therapy, speech therapy, psychological counseling, medications, assistive devices, home health care, and potential facility care if the victim’s needs exceed what the family can provide. The costs can easily reach millions of dollars over a lifetime.

Vocational Impact Assessment

TBI often affects a person’s ability to work, even when they appear physically capable. Vocational rehabilitation experts evaluate how brain injury symptoms impact work performance, the ability to learn new skills, and overall employability. This assessment is crucial for calculating lost earning capacity, particularly for younger victims who face decades of reduced income potential.

Common Causes of Traumatic Brain Injury

Motor vehicle accidents are the leading cause of traumatic brain injury among adults, accounting for a significant percentage of severe TBI cases. The combination of high speeds and sudden impact creates ideal conditions for brain injury, particularly when victims’ heads strike windows, dashboards, or steering wheels, or when rapid deceleration causes the brain to impact the inside of the skull. If you or a loved one has suffered such an injury, speaking with a car accident lawyer in Spokane can help you understand your legal options.

Falls represent another major cause of TBI, particularly among older adults and children. Workplace falls from heights, slip and fall accidents on dangerous properties, and falls caused by defective products or inadequate safety measures can all result in severe brain trauma requiring extensive medical care and rehabilitation.

Construction site accidents and industrial accidents frequently cause TBI when workers are struck by falling objects, experience falls from heights or are involved in equipment accidents. These cases often involve multiple parties, including general contractors, subcontractors, equipment manufacturers, and property owners, who may share responsibility for maintaining safe work environments.

Compensation in TBI Cases

Traumatic brain injury cases often involve the highest damage awards in personal injury law due to the severe, long-term impact these injuries have on victims and their families. Economic damages in TBI cases can be substantial, including all medical expenses from emergency treatment through lifetime care, lost wages and future earning capacity, rehabilitation costs, assistive technology, home modifications, and 24/7 care services.

The cost of TBI care varies dramatically based on injury severity, but even moderate brain injuries can result in millions of dollars in lifetime expenses. Severe TBI cases may require round-the-clock nursing care, specialized medical equipment, regular physician monitoring, ongoing therapy services, and facility-based care that can cost hundreds of thousands of dollars annually.

Non-Economic Damages in TBI Cases

The intangible losses in TBI cases are often as significant as the economic damages. Pain and suffering compensation addresses the physical discomfort, emotional distress, and mental anguish that accompany brain injuries. Loss of enjoyment of life damages recognize that TBI often prevents victims from participating in activities they previously enjoyed.

Loss of consortium claims may be available to spouses whose relationships have been fundamentally altered by their partner’s brain injury. The personality changes, cognitive deficits, and emotional volatility that often accompany TBI can strain even the strongest marriages and family relationships.

ATTORNEY PATRICK K. FANNIN

Patrick K. Fannin brings a unique combination of legal excellence, practical business experience, and genuine community connection to every case he handles. As the owner of Fannin Litigation Group, he has built a reputation for aggressive advocacy and superior results in complex personal injury matters throughout Washington State and beyond. [ATTORNEY BIO]