According to the CDC, approximately 223,000 people in the United States are hospitalized with traumatic brain injuries (TBI) each year. Yet many brain injuries still go undiagnosed or dismissed as “minor” because symptoms are not always immediately visible.
A traumatic brain injury occurs when a bump, blow, or jolt to the head disrupts normal brain function. Some TBIs are severe, but even a “mild” concussion can have lasting cognitive, emotional, and physical effects.
Unlike a broken bone you can see on an X-ray, brain injuries can be challenging. Because symptoms may develop slowly and imaging may appear normal, insurance companies can use that uncertainty to minimize or dispute claims.
This guide explains what makes traumatic brain injury claims different, what damages may be recoverable under Washington law, and why experienced legal and medical support can make a meaningful difference after a serious head injury.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs when a bump, blow, or jolt to the head disrupts normal brain function. TBIs can range from a mild concussion to a severe brain injury with long-term effects.
Importantly, a concussion is a brain injury. Many people assume you must lose consciousness to have a concussion, but that is not true. In fact, most people diagnosed with a concussion were never “knocked out.”
Common Causes of TBI in Washington
Traumatic brain injuries can happen in many different ways, including:
- Motor vehicle collisions
- Pedestrian and bicycle accidents
- Falls
- Workplace accidents
- Assaults
Why TBI Symptoms Are Often Delayed or Overlooked
One of the biggest challenges with brain injuries is that symptoms are not always immediate. Headaches, memory problems, mood changes, dizziness, and difficulty concentrating may appear days or even weeks after an accident.
It’s also possible to have a “normal” CT scan or MRI and still suffer a brain injury. Standard imaging looks at brain structure, not how it functions.
This invisible and delayed nature is one reason traumatic brain injury claims are often more medically and legally complex than other injury cases.
How TBI Complicates a Personal Injury Claim
Traumatic brain injury claims are often more difficult to prove than other injury cases because the damage is not always visible or immediately understood.
The “Invisible Injury” Problem
Unlike a broken bone or other orthopedic injury, brain trauma often does not appear clearly on many diagnostic tests.
Insurance companies and defense attorneys may argue that if a scan appears normal, the injury is not serious – or does not exist at all.
But brain injury cases are fundamentally different from neck, back, or knee injury claims. The effects of brain trauma are often more complex, nuanced, and difficult to prove.
Insurance Company Tactics in TBI Cases
Insurance companies frequently try to minimize traumatic brain injury claims by:
- Arguing the injury was “only” a mild concussion
- Pointing to normal CT or MRI results
- Claiming delayed symptoms are unrelated to the accident
- Pressuring injured people to settle before the full impact of the injury is understood
- Hiring their own medical experts to dispute the diagnosis
Social media posts may also be used to challenge the severity of an injury, which is part of the reason it’s best to keep a low profile after an injury. Not to make injuries appear worse than they are, but to prevent your activities from being taken out of context and used against you.
In some cases, unfair delays or claim denials may even cross into bad faith insurance practices.
Proving a TBI Claim Under Washington Law
Proving a traumatic brain injury claim often requires more than showing that an accident happened. The challenge is connecting the injury, symptoms, and long-term impact back to the event itself.
Establishing Negligence
In Washington, personal injury claims generally require proving four elements:
- Duty of care: The legal responsibility to act reasonably and avoid causing harm to others
- Breach: A failure to meet that responsibility
- Causation: Showing that the breach directly caused the injury
- Damages: The physical, emotional, and financial losses caused by the injury
Here’s what this can look like in a car accident case:
- Show the other driver had a duty of care and breached it by acting negligently (distracted driving or DUI).
- Establish that their actions directly caused the brain injury.
- Determine the damages (lost wages, medical and legal costs).
Washington also follows a pure comparative negligence rule. This means you may still recover compensation even if you were partly at fault, though your recovery may be reduced by your percentage of responsibility.
The Critical Role of Medical Evidence
Medical evidence is often the foundation of a traumatic brain injury claim. Depending on the case, this may include:
- Neuropsychological testing
- Advanced imaging beyond standard CT or MRI scans
- Expert testimony
- Detailed documentation of how symptoms affect daily life and work
New tools for evaluating brain injuries are also emerging, including blood-based biomarkers and updated diagnostic frameworks.
Statute of Limitations in Washington
In most cases, Washington allows three years from the date of injury to file a personal injury claim.
There are limited exceptions. For example, if a traumatic brain injury results in severe mental incapacity, the legal deadline may be paused under RCW 4.16.190 until competency returns.
Even so, acting quickly is important. Evidence can disappear over time, memories fade, and medical documentation becomes harder to connect back to the original injury.
What Damages Can You Recover in a Washington TBI Case?
Traumatic brain injury claims often involve both financial losses and long-term quality-of-life impacts.
Economic Damages
Economic damages are the measurable financial costs associated with a brain injury. These may include:
- Past and future medical expenses
- Rehabilitation and cognitive therapy
- Lost wages and reduced earning capacity
- In-home care and long-term support needs
In severe cases, lifetime medical and care costs can exceed $1 million.
Non-Economic Damages
A traumatic brain injury can also affect parts of life that are harder to measure financially, including:
- Pain and suffering
- Emotional distress, depression, or anxiety
- Loss of enjoyment of life
- Strain on relationships and family life
Important note: Washington does not limit non-economic damages in personal injury cases. This is very beneficial to someone with a TBI since the quality-of-life losses can be massive.
Why TBI Damages Are Often Higher Than Other Injury Claims
Brain injuries often have long-term effects that extend far beyond the initial accident.
TBI can impact cognitive function, emotional health, relationships, and the ability to work. For younger victims especially, the long-term financial and personal impact may last for decades.
For specific examples of how serious injury cases were resolved, visit our Verdicts and Settlements page.
Recent Washington Law Changes That Help TBI Victims
As of 2025, Washington has enacted tougher penalties for drivers who injure or kill vulnerable road users, including pedestrians and cyclists. Penalties can include fines up to $5,000, jail time, and license suspension.
These changes may also strengthen civil injury claims by helping establish negligence more clearly in certain cases.
At the same time, new diagnostic standards like the 2025 CBI-M framework may improve how traumatic brain injuries are identified and supported with medical evidence.
Adler Giersch also helped create the nation’s first return-to-play concussion law, the Lystedt Law, which later became the model for concussion laws in all 50 states.
Steps to Protect Your TBI Claim After an Accident
The steps you take after an accident can have a major impact on both your recovery and your claim.
- Seek medical attention immediately, even if you feel fine. Delayed symptoms are common with traumatic brain injuries.
- Follow up with specialists if symptoms persist, including neurologists or neuropsychologists.
- Document everything. This includes symptoms, medical treatment, and photos from the accident scene.
- Be cautious on social media. Insurance companies may monitor posts during a claim.
- Avoid giving recorded statements or accepting early settlement offers before understanding the full extent of the injury.
- Consider speaking with an attorney experienced in traumatic brain injury cases early in the process.
Why an Experienced TBI Attorney Makes a Difference
Traumatic brain injury cases require attorneys who understand the medical science behind brain injuries, not just the legal process.
An experienced TBI attorney knows:
- Which diagnostic tests may be helpful
- Which experts to involve
- How to present “invisible” injuries effectively
Insurance companies also tend to approach these cases differently when the opposing counsel has deep experience handling traumatic brain injury claims.
Adler Giersch is nationally recognized for our work in brain injury law and advocacy.
We’ve helped create the Lystedt Law, published Understanding Traumatic Brain Injury for survivors and families and continue to support brain injury education and research in Washington through the Brain Injury Alliance of Washington, and the Adler Endowed Fund for TBI Research at the University of Washington. Our team of attorneys also educate other attorneys and healthcare providers on traumatic brain injuries.
Get Help With Your Traumatic Brain Injury Claim
Traumatic brain injuries can affect every part of a person’s life, and the impact is often felt by the entire family. You do not have to navigate that process of recouping your losses alone.
Adler Giersch takes a compassionate, whole-family approach to traumatic brain injury cases, with a focus on both the legal and long-term challenges survivors may face.
Consultations are private, confidential, and free. If you have questions about a traumatic brain injury claim in Washington, you can request a consultation or contact the firm directly to learn more about your options.
You can also explore Adler Giersch’s free injury resource guides, including Understanding Traumatic Brain Injury for survivors and families.
