What is a Traumatic Brain Injury (TBI)? l Seattle Brain Injury Attorney

Just what is a traumatic brain injury?  Recently the Washington state legislature has adopted a law to establish that “traumatic brain injury” (or TBI) is defined as

…injury to the brain caused by physical trauma resulting from, but not limited to, incidents involving motor vehicles, sporting events, falls, and physical assaults. Documentation of traumatic brain injury shall be based on adequate medical history, neurological examination, mental status testing, or neuropsychological evaluation. A traumatic brain injury shall be of sufficient severity to result in impairments in one or more of the following areas: cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; or information processing. The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.  RCW 74.31.010(4).

This definition also mirrors the one adopted by the Individuals with Disabilities Education Act (IDEA) (formerly the Education of the Handicapped Act) and codified at 34 C.F.R. § 300.7(b)(12).

The Washington legislature has also recognized that TBI “can cause a wide range of functional changes affecting thinking, sensation, language, or emotions,” and that the condition “can also cause epilepsy and increase the risk for conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders that become more prevalent with age.”  The Legislature has further declared that “the impact of a traumatic brain injury on the individual and family can be devastating.”  See RCW 74.31.005.

What is encouraging is that the State of Washington has formally recognized that a traumatic brain injury is a serious problem that can have long-lasting consequences on the individual victim and that person’s entire family.  We have only recently begun to establish programs to help TBI survivors deal with this potentially devastating condition.  In fact, I see this play out in my law practice virtually every day. 

The TBI clients we represent struggle with activities that most of us take for granted.  Many of our TBI clients have just enough awareness to know how they were before the accident that left them with their brain injury. This awareness can be very painful.  The TBI victim often doesn't know what's wrong.  Other people believe they are just faking it, or acting strange to get attention.

Unfortunately, the insurance industry goes to great lengths to take advantage of TBI victims.  They will say untrue things about the coverage that exists to pay their bills and lost wages.  Sometimes adjustors will use pressure tactics to get the TBI victim to sign forms and accept a settlement offer that is unreasonably low.  These cases can be difficult to prove and the insurance carriers often mount a very aggressive defense of these claims.  All TBI victims with legal claims should consult with an experienced personal injury attorney immediately to make sure their rights are protected.