What Are Most Common Examples of TBI? (And Who Is Liable?)

The most common examples of a Traumatic Brain Injury (TBI) are caused by falls, which account for almost half of all TBI-related hospitalizations. Following behind are motor vehicle accidents, assaults, and sports injuries.

While doctors focus on treating the physical injury, they don’t address the financial hole it creates in your life. Insurance adjusters, on the other hand, have a financial incentive to categorize these injuries as “mild” to minimize what they have to pay, even when your life has been turned upside down.

You have legal options to recover the costs of your medical care and lost income, but your ability to do so depends entirely on how the injury happened.

If you have a question about a recent injury in Spokane or the surrounding area, call us at 509-328-8204.

Key Takeaways for Traumatic Brain Injury Claims

• Liability is determined by the cause of the injury. The legal standards for a TBI from a car accident (negligence), a fall at a store (premises liability), or a workplace incident (workers’ compensation and third-party claims) are all different.
• “Mild” TBI is a medical term, not a measure of your suffering. Insurance companies may use this classification to downplay your claim, even though many invisible injuries like Post-Concussion Syndrome have debilitating, long-term consequences.
• A workplace TBI may involve more than a workers’ compensation claim. If your injury resulted from the negligence of a third party (like another contractor or a civilian driver), you may file a separate personal injury lawsuit to recover damages for pain and suffering, which workers’ comp does not cover.

Motor Vehicle Accidents: The Leading Cause of TBI Litigation

A common misconception is that you must hit your head on the steering wheel or windshield to suffer a brain injury in a crash. That isn’t true. Many of the most serious TBIs we see are from the brain’s violent movement inside the skull.

This is called an acceleration/deceleration injury, and it’s particularly common in rear-end collisions. The sudden stop or change in direction causes the brain to slam against the inside of the skull, causing bruising, bleeding, and the shearing of nerve fibers. Doctors sometimes diagnose this as a “concussion” or “mild TBI,” but the legal consequences and the impact on your life are anything but mild.

Insurance carriers for the at-fault driver typically look for “objective” proof of a brain injury, like a skull fracture or bleeding that shows up clearly on a CT scan. The problem is that many accident-related TBIs, like a diffuse axonal injury, are microscopic and won’t appear on standard MRIs or CT scans. As a result, the insurer may argue that your injury “isn’t that bad,” is exaggerated, or was a pre-existing condition. You are essentially penalized because your injury is invisible to their preferred diagnostic tools.

Learn more about what causes crashes locally in our article on common car accident causes in Spokane.

Slips, Trips, and Falls: Premises Liability Explained

While falls are the number one cause of TBIs overall, there is a significant legal difference between falling in your own shower and falling on a wet floor in a grocery store. The difference lies in a legal concept called premises liability.

Property owners (whether they’re running a big box store, an apartment complex, or a government office) have a legal duty to keep their property reasonably safe for visitors. A TBI from a fall on someone else’s property could stem from their failure to meet that duty. Common examples include:

• Wet floors without warning signs.
• Uneven or broken pavement in a walkway.
• Falling merchandise from an unstable shelf.
• Icy or snowy walkways that were not properly cleared.

In Spokane winters, we frequently see cases involving icy walkways and unplowed parking lots that violate local safety ordinances like SMC 12.02.010. For a premises liability case to succeed, we must show that the property owner “knew or should have known” about the dangerous condition but did nothing to fix it or warn you about it.

If you’re injured in a fall, taking immediate action protects your rights. Try to get photos of the hazard before it is cleaned up or repaired. It’s also wise to preserve the shoes and clothing you were wearing, especially if they have any substance on them from the fall.

Workplace Incidents vs. Third-Party Claims

When a TBI happens on the job, such as from an object falling at a construction site or during a car crash while making a delivery, the first thought is usually to file a Workers’ Compensation claim. That’s the correct first step, but it is not the whole story.

The Washington State Department of Labor & Industries (L&I) provides workers’ compensation benefits. These benefits are designed to cover your medical bills and a portion of your lost wages. However, workers’ comp pays zero for your pain and suffering, your loss of enjoyment of life, or the emotional toll the injury takes on your family. It is a system with strict limits.

However, if your injury was caused by the negligence of someone who is not your direct employer or a co-worker, you may have what’s called a “third-party claim.” For instance, if another subcontractor on a job site created the hazard that caused your fall, or if a negligent driver hit your company vehicle, we may file a personal injury lawsuit against that “third party.” This is a separate action that may be pursued at the same time as your L&I claim. It is the only legal avenue for recovering “non-economic damages,” which is the compensation for how the injury has personally affected your life.

The “Invisible” Challenge: Why “Mild” TBIs Are Hardest to Settle

The word “mild” is a medical classification; it is not a description of your suffering. It typically means the injury was not life-threatening and you did not fall into a coma. But the day-to-day reality of a “mild” TBI could still be debilitating.

A common example is Post-Concussion Syndrome (PCS), which might leave you with persistent brain fog, sensitivity to light and sound, memory problems, and emotional volatility. Legally, these cases require diligent work because the damages are not easily quantified with a medical bill. We must paint a clear picture for the insurance company or jury of what your life was like before the accident versus what it is like now.

One of the most powerful tools to use is a daily symptom journal. Every day, write down what you couldn’t do. For example: “Couldn’t finish reading a report for work because of a headache.” Or, “Had to leave my son’s basketball game because the noise was overwhelming.” This detailed record becomes the most compelling evidence during negotiations.

FAQ for Traumatic Brain Injury Claims

How long do I have to file a TBI claim in Washington?

Generally, the statute of limitations for personal injury claims in Washington is three years from the date of the incident. However, claims against government entities have much shorter and stricter deadlines, sometimes requiring a formal notice within just a few months.

What if my MRI comes back normal?

A normal MRI or CT scan is very common with concussions and other TBIs. It does not mean you don’t have a serious injury; it just means that the injury is not visible on that particular type of scan. We work with medical experts and use other tools like neuropsychological testing to demonstrate the cognitive and functional deficits you’ve experienced.

Who pays my medical bills while the case is pending?

Your own auto insurance’s Personal Injury Protection (PIP) coverage or your health insurance typically pays for your medical treatment first. When we secure a settlement or verdict for you, we handle the legal process of reimbursing them out of the recovery. This is a process known as subrogation.

You Don’t Have to Fight Alone

You didn’t ask for this injury, and you certainly didn’t ask for the cascade of financial and personal problems that followed. Insurance companies bank on the idea that you will be too tired, confused, or frustrated to put up a fight for fair compensation.

That is a business calculation on their part. Our job is to change that calculation.

At Fannin Litigation Group, we handle the fight so you can focus on healing. If you are feeling lost or unsure about your rights after an accident, let’s talk it through. Call us for a straightforward conversation at 509-328-8204.