A traumatic brain injury (TBI) can alter your reality in a single moment, potentially resulting in a lifetime of physical, cognitive, and emotional effects. From a legal standpoint, head injury cases are among the most complex personal injury cases because symptoms can be difficult to prove and are often contested by defense teams. At OlsenDaines, we want you to think of us as your trusted advisor. Our brain injury attorneys understand the legal landscape of complex TBI litigation, and we’re committed to keeping you informed and building a case that secures your long-term financial stability.
Call OlsenDaines today to schedule a free legal consultation. Our head injury lawyers in Oregon and Washington are here to answer all of your questions and fight for the justice you deserve.
How Our Traumatic Brain Injury Lawyers Fight for You
If you or someone you know has suffered a serious brain injury because of another party’s neglect or intent, our brain injury attorneys can help. We dedicate our time and resources to ensuring you receive the maximum compensation you deserve. Whether you slipped on an icy walkway or someone intentionally delivered a blow to your head, the at-fault parties must be held liable.
Here’s how our legal team works to build your case:
- Investigating and Meeting the Burden of Proof: We understand how to meet the legal burden of proof for difficult-to-detect brain injuries by gathering diagnostic evidence like neuropsychological testing and neuroimaging.
- Managing and Presenting Expert Medical Witnesses: Proving the long-term impact of a TBI requires testimony from experts. We work closely with independent medical examiners and neurologists who are fully qualified to present admissible, legally sound evidence regarding the exact nature of your injury.
- Accurate Claim Valuation: Traumatic brain injuries can have impacts that last a lifetime. To secure a settlement or verdict that values that possibility, we collaborate with life-care planners to build an accurate projection of future medical costs, rehabilitation, and lost earning capacity.
- Standing Up for You in Court: If the defense refuses to offer a settlement that accounts for your full damages, we are prepared to take your case to trial. Our TBI attorneys have the litigation experience to present a clear and compelling case to a judge and jury.
- No Upfront Costs: We handle head injury lawsuits on a contingency basis, which means you face no upfront fees or financial risk. We only receive compensation if we successfully secure a settlement or win a court verdict on your behalf.
- Giving You Peace of Mind: Adapting to the new reality of living with a brain injury is enough for anyone – you shouldn’t be forced to micromanage a complex lawsuit at the same time. By offloading the court deadlines, insurance negotiations, and legal strategy to our team, you can focus on healing and recovery with full confidence.
Schedule a Free Appointment!
Our appointments are free until you file and your concerns are addressed!How Do You Prove a Brain Injury in a Lawsuit?
Proving traumatic brain injuries is notoriously challenging because “less serious” brain injuries – like concussions or mild-to-moderate TBIs – do not always show up on standard emergency room CT scans or MRIs. Specialized secondary testing is often needed.
To win a TBI lawsuit, the legal framework requires a plaintiff to prove causation and damages through objective, admissible evidence. Here’s how you show that:
- Objective Medical Diagnosis: Courts rely heavily on clinical data, which is why testing is often the most important part of a TBI claim. We help guide you to the right specialists who use advanced neuroimaging (such as DTI scans) and comprehensive neurocognitive testing.
- Witness Testimony: It’s not enough to simply testify that you’re experiencing headaches or other symptoms since the accident occurred. You need qualified medical experts to testify to a degree of medical certainty. In some cases, friends and family may be called to testify to establish a “Before and After” narrative, illustrating a contrast in how the injury altered daily life and behavior.
- Establishing Causation: One common defense tactic is to claim your symptoms were caused by something else – maybe a preexisting condition, natural aging, or another event. To win your claim, you must prove the direct cause-and-effect relationship between the accident and the brain injury.
Common Causes of Traumatic Brain Injuries
Our legal team represents victims who have sustained head injuries across a wide variety of incidents, including:
- Motor vehicle accidents (car, truck, and motorcycle crashes)
- Slip, trip, and fall incidents
- Workplace and construction site accidents
- Sports-related impacts and recreational negligence
- Physical assaults and intentional acts of violence
Consult with a Compassionate TBI Attorney Today
Head injuries are unpredictable. They can affect your communication, fine motor skills, and memory. Symptoms can last for a few days, weeks, or months – or a lifetime. That uncertainty is why it’s critical to meet with a brain injury lawyer and discuss your options as soon as possible. Our experienced personal injury lawyers will be able to answer your questions and help you determine what your next steps should be.
If you or someone you love has suffered a head injury, OlsenDaines is here for you. We have brain injury lawyers at our offices in Oregon and Washington, ready to serve you with compassion and professionalism.
Contact us today for your free initial consultation.
Head Injury Lawyer FAQs
Got questions about whether you have grounds for a brain injury lawsuit or what to expect going forward? Check out our FAQs below. If you don’t find your answer here, be sure to schedule a free consultation today.
What are the symptoms of a brain injury?
Brain injuries develop differently depending on the person and severity of the impact. While some symptoms may emerge immediately after an accident, others can take days or weeks.
Common symptoms include:
- Chronic headache
- Dizziness, nausea
- Blurred vision
- Ringing in ears (tinnitus)
- Fatigue
- Sleep disturbances
- Memory gaps
- Brain fog
- Difficulty concentrating
- Increased irritability or sudden mood swings
- Anxiety and depression
- Impulsivity
- Slurred speech
- Numbness in extremities
- Loss of coordination
- Seizures
When should you consult with a brain injury lawyer?
You should consider consulting with a brain injury lawyer when:
- The injury was caused by another party’s fault or negligence: If the brain injury resulted from a car accident, slip and fall, workplace incident, or medical malpractice, you should consult with an attorney ASAP. They can help you establish liability.
- The insurance company is offering a quick settlement: Insurance adjusters would like to solve the problem as quickly as possible without you speaking to a lawyer first. Never sign anything unless you’ve spoken with an experienced attorney first!
- The full costs and prognosis are unclear: Legally, you only have one chance to recover damages. If the injury will require long-term rehabilitation, cognitive therapy, or ongoing care, an attorney will use medical and financial experts to calculate the true lifetime cost of the injury. Don’t ever settle for less than what you’re owed.
- There’s a dispute over liability or preexisting conditions: Attorneys are experts in establishing causal relationships, which is the foundation of proving liability. If the insurance company is trying to claim you were at fault, or your symptoms were caused by a medical condition, you need an attorney to help counter these arguments.
- The injury impacts your long-term ability to work: If a TBI results in diminished earning capacity, lost wages, or disability, a legal framework is needed to quantify and claim these complex economic damages.
What’s the statute of limitations on brain injuries in Oregon and Washington?
The statute of limitations is a deadline for filing your lawsuit. If you miss this deadline, your case is likely to be dismissed, forfeiting your right to pursue compensation.
The statute of limitations for head injury cases will vary slightly depending on the exact nature of the injury, and where it occurred. Here’s what you should know:
| Type of Claim | Oregon Deadline | Washington Deadline |
Negligence (Car accidents, truck crashes, slip-and-falls) |
2 Years from the date of the injury |
3 Years from the date of the injury |
Intentional Torts (Assault, battery, violent acts) |
2 Years from the date of the incident |
2 Years from the date of the incident |
Claims Against the Government (Public transit, poorly maintained public property) |
180 Days to file a formal Tort Claim Notice |
60 Days mandatory wait period after filing a Tort Claim Notice* |
Note there are two exceptions:
- The Discovery Rule: With some TBIs, symptoms and damages don’t reveal themselves right away. The Discovery Rule pauses the statute of limitations until the day the injury was discovered, or should have been discovered with standard medical diligence.
- Mental Incapacitation: If the brain injury is severe enough that the victim is legally declared mentally incapacitated, the timeline is “tolled” (paused) until they regain capacity.
