Brain injuries are some of the hardest to bounce back from. The brain is so central to everything we do—eating, breathing, thinking, and moving—that any injury can dramatically change your life.
At Khan Injury Law, our brain injury lawyers in Kent seek the maximum compensation for our clients. The amount you can receive depends on many factors, which we review below.
Calculate Your Medical Expenses
You should receive compensation to cover the costs of treating your brain injury. Many patients need diagnostic tests, doctor’s visits, and time in the hospital to recover. There are also rehabilitation costs if the patient’s movement, speech, or behavior is impaired (which is likely when the brain injury is serious). You should also add in any prescriptions to treat symptoms (like sleeplessness) or assistive devices, like a wheelchair.
Add Up Lost Wages/Income
If your brain injury keeps you out of work, you should receive compensation for lost income. If you have a regular job, calculating your losses is easy. Just add up the number of weeks missed and multiply by your average weekly income. If you are self-employed, take a more intensive look at how much you usually make and consider any canceled contracts.
Estimate a Fair Amount for Pain and Suffering
This is trickier. A brain injury can cause intense headaches. Other victims are paralyzed or feel trapped in their homes because they cannot leave due to dizziness and confusion. “Pain and suffering” is the term used to cover a range of inconveniences and non-financial losses, like depression, emotional distress, disability, etc.
What’s a fair amount? That depends on who you ask. Khan Law has helped many personal injury victims, and we can use our experience to estimate a realistic amount you can receive based on your symptoms.
Analyze Fault and Contributory Fault
You can only receive compensation if someone else is at least partially at fault for your brain injury. If this is something you did to yourself, then no one must pay you compensation.
Washington also recognized contributory fault. The rule found at RCW 4.22.005 states that a victim’s financial recovery is reduced by their percentage of fault. For example, you might have suffered a brain injury while walking as a pedestrian. But if you were jaywalking at the time you were hit, then your negligence is a contributing factor in your injuries.
You might have suffered $80,000 in compensatory damages listed above. But if you were 50% at fault, then the most you can receive is $40,000. Similarly, if you were 75% to blame, then the most you can get is $20,000.
Identify How Many Assets the Defendant Has
You can have $100,000 in damages and be 0% at fault. But what if the person who injured you has no money? That sometimes happens, in which case you probably won’t receive any compensation—or not as much as you are entitled to.
Sometimes, a defendant has insurance, and you can make a claim on the policy to receive something. Of course, you will be limited to the maximum policy amount.
Contact Khan Injury Law today to review your brain injury case. We fight to get our clients the most compensation we can.
How Long After A Car Accident In Kent Can You Claim Injury?
Car accidents can completely turn someone’s life upside down. Out of the blue, a motorist can find themselves lying in a ditch or in a hospital bed in excruciating pain. Many victims need surgery and months of rehabilitation as they struggle to overcome debilitating injuries.
During this hectic time, it is very easy to forget that you need to seek compensation from the at-fault driver, either by submitting a demand letter or filing a lawsuit. Without the right legal assistance, accident victims could wait too long—and permanently lose their right to compensation. Please contact Khan Injury Law today to protect your rights.
You Have Three Years To File A Lawsuit
This is the statute of limitations found at RCW 4.16.080. It states that you must start a lawsuit within three years for any injury to your person or your personal property. This deadline covers both a claim for property damage as well as for bodily injury.
The Clock Starts With The Accident
The clock begins on the day you were hit. So if you were involved in an accident on July 1, 2021, the statute of limitations says you have until June 30, 2024. One day before the accident.
Delay Can Be Costly
What happens if you take too long? The answer might scare you.
If you don’t meet the statute of limitations, the defendant can ask the judge to toss your lawsuit out of court. And judges will do so since they will lack the power to hear the case because you took too long to file it.
This will mean you won’t get any compensation for your Kent car accident. Instead, you will be fully responsible for all your medical bills and will have to suffer the loss of income and property damage.
Don’t Expect An Insurer To Give More Time
Technically, you can file a claim with an insurance company and not file a lawsuit. However, you shouldn’t expect an insurer to give you any extra time to file an insurance claim. They negotiate settlements with an eye toward what will happen if negotiations break down and the parties end up in court.
If three years pass before you file an insurance claim, an insurer has little incentive to offer a settlement. They know a judge will dismiss any lawsuit.
Wrongful Death Claims Have A Three-Year Window
If a loved one died, then certain family members can bring a wrongful death lawsuit. This type of claim also has a three-year statute of limitations, but it begins on the date of the accident (which might not be the day of the death).
Call Our Kent Car Accident Lawyer Today
If you were involved in a car crash, our car accident attorneys will jump in and seek compensation for your injuries. We know how to file a complaint in the correct court, so you can be sure we will protect your rights. Once a lawsuit is filed, you can still negotiate a settlement with an insurer.