Suffering a brain injury is a life-changing event that often leaves victims and their families facing serious physical, emotional, and financial challenges. When such an injury is caused by someone else’s careless or intentional actions, knowing who can sue for brain injury and understanding your legal rights becomes crucial for protecting your future.
This guide will clarify who has the legal right to sue for brain injury in Washington State, outline what must be proven to win a brain injury lawsuit in Washington, and highlight practical steps for injured individuals in Bellevue, Kent, and other parts of King County. At R Martin Law Group, we specialize in traumatic brain injury claims and are committed to helping victims pursue the justice and compensation they deserve.
A brain injury, particularly a traumatic brain injury (TBI), occurs when an external force disrupts normal brain function. TBIs range from mild concussions to severe, life-altering injuries that can cause permanent impairments.
👉 Injured in Bellevue? Contact R Martin Law Group today for a free consultation.
Who Has the Legal Right to Sue for a Brain Injury?
The Injured Person
Typically, the individual who sustained the brain injury holds the primary right to file a lawsuit. They can claim damages for medical expenses, lost wages, pain and suffering, and long-term care.
Legal Guardians or Representatives
When the injured person is a minor or incapacitated as a result of the brain injury, a legal guardian, conservator, or court-appointed representative may file a claim on their behalf. Understanding who has the legal right to sue for brain injury in Washington State is essential, especially since TBIs often impair cognitive abilities and decision-making.
Family Members and Wrongful Death Claims
If a brain injury sadly results in death, family members have legal options. This includes filing a wrongful death lawsuit. If you wonder how family members can file a wrongful death claim after a brain injury, these lawsuits aim to recover damages for lost companionship, funeral expenses, and other losses.
What Must Be Proven to Win a Brain Injury Lawsuit in Washington?
To succeed in a brain injury lawsuit under Washington law, the plaintiff or their representative must establish four key elements:
Duty of Care Demonstrate that the defendant had a legal obligation to act responsibly and avoid causing harm.
Breach of Duty Prove that the defendant failed to meet this duty through negligence or intentional misconduct.
Causation Show a direct connection between the defendant’s breach and the brain injury.
Damages Provide evidence of actual harm, such as medical bills, lost income, rehabilitation costs, and pain and suffering.
👉 Need help understanding your legal rights? Visit our Bellevue injury attorney page, where you can find expert guidance on brain injury cases.
Brain Injury Lawsuits in Washington State: Key Legal Considerations
Statute of Limitations
Wondering how long do I have to sue for a brain injury under Washington state law? Generally, you have three years from the date of injury to file a brain injury lawsuit, as outlined in RCW 4.16.080. Missing this deadline typically forfeits your right to sue.
Exceptions exist for minors or cases where the injury was not immediately discovered, but acting quickly is critical to protect your claim.
Comparative Fault Rule
Washington follows a pure comparative negligence rule per RCW 4.22.005. This means that even if you share some fault for the accident, you may still recover damages — though reduced by your percentage of fault.
For example:
Liability %
Total Award
Amount You Receive
30%
$100,000
$70,000
50%
$200,000
$100,000
Types of Damages Available
Victims of brain injuries can pursue compensation for:
Type
Description
Economic Damages
Medical expenses, rehabilitation, lost wages
Non-Economic Damages
Pain, suffering, emotional distress, and loss of enjoyment of life
Punitive Damages
Rarely awarded; intended to punish egregious wrongdoing
Washington places no cap on non-economic damages, allowing courts or settlements to fully reflect the injury’s impact.
Brain Injury Lawsuits in Bellevue and Surrounding Areas
Case Example 1: Car Collision Resulting in TBI
A Bellevue resident was hit by a distracted driver running a red light. The victim sustained a severe traumatic brain injury requiring surgery and extensive cognitive therapy. With help from R Martin Law Group, the team proved negligence and secured a settlement that covered the victim’s medical needs and future care.
Case Example 2: Workplace Fall Causing Brain Injury
A construction worker in Kent fell from scaffolding lacking proper safety gear. The employer’s failure to maintain a safe environment was established, and the worker’s legal team obtained compensation through a personal injury claim.
These examples highlight challenges faced by victims not only in Bellevue but also in nearby cities like Redmond and Renton.
👉 Looking for where can I find a brain injury lawyer in Bellevue WA for traumatic brain injury cases? Schedule a consultation with R Martin Law Group today.
The Role of Insurance Companies and Settlement Challenges
Insurance firms often attempt to minimize brain injury claims by:
Offering low settlement amounts
Delaying claims processing
Questioning the injury’s severity or cause
Pressuring victims to settle before long-term effects are clear
An experienced brain injury attorney can help level the playing field by:
Collecting comprehensive medical and expert evidence
Risks, Delays, and Legal Options After a Brain Injury
Risks of Delaying Legal Action
Missing the statute of limitations deadline
Losing important medical or accident evidence
Allowing insurance adjusters to undervalue your claim
What If the Brain Injury Is Mild or Difficult to Prove?
Even mild TBIs, such as concussions, can seriously affect quality of life. Legal claims may still be viable if symptoms persist or a diagnosis confirms injury. Neuropsychological testing commonly helps establish impairment.
Prevention and Next Steps for Brain Injury Victims
Get immediate medical attention after any head injury.
Keep thorough records: medical reports, incident documentation, witness contacts.
Limit sharing details about the accident on social media.
Consult an experienced personal injury attorney early to safeguard your rights.
Track all expenses and losses connected to the injury.
Brain Injury Lawsuit Overview: Who Can Sue & How
Step
Description
1. Identify Plaintiff
Injured person or legal guardian for incapacitated individuals
2. Establish Fault
Prove defendant’s negligence or intentional harm
3. Gather Evidence
Collect medical records, expert testimony, accident reports
4. File Complaint
Submit lawsuit within Washington’s three-year statute of limitations
5. Negotiate or Trial
Pursue settlement or trial to obtain compensation
Frequently Asked Questions (FAQs)
1. Who can file a brain injury lawsuit if the victim is unconscious?
A legal guardian or court-appointed representative can file the claim on the victim’s behalf.
2. What types of compensation are available in brain injury cases?
Both economic damages (medical bills, lost wages) and non-economic damages (pain, suffering) may be recovered. Washington places no cap on non-economic damages.
3. How long do I have to sue for a brain injury in Washington?
You generally have three years from the injury date to file a lawsuit, with some exceptions.
4. Can multiple parties be sued for a brain injury?
Yes. If multiple parties contributed through negligence, claims may be pursued against all responsible.
5. What if I was partly at fault for my brain injury?
Washington’s pure comparative negligence law allows recovery of damages reduced by your share of fault.
Protecting Your Right to Sue for a Brain Injury
A brain injury can drastically alter your life, but Washington law offers a path to justice and financial recovery when others are at fault. Whether you are the injured individual or acting as their guardian, understanding who can sue for brain injury, the proof needed, and key deadlines is vital.
If you or a loved one has suffered a brain injury in Bellevue, Seattle, or anywhere in Washington State, R Martin Law Group is prepared to provide compassionate and aggressive legal support. Don’t delay — contact us today for a free consultation and receive expert legal guidance.
