Are there any special considerations when filing a brain injury lawsuit?
Yes, when filing a brain injury lawsuit in Washington, there are special considerations to keep in mind. First and foremost, it is important to retain an experienced trial attorney who understands the unique complexities of brain injury cases. This attorney can provide guidance on what evidence and proof is necessary to prove the seriousness of the injury, such as medical records, doctors’ reports, and sometimes even testimony of family or friends. In addition to a knowledgeable and experienced attorney, in Washington, the statute of limitations for a brain injury lawsuit may be shorter than the standard statute of limitations. This means that it is important to file the lawsuit as soon as possible after the injury occurs in order to ensure the claim is still valid. When dealing with a brain injury case in Washington, generally, the court is only allowed to consider compensatory damages, which are money damages given to the plaintiff to compensate for pain and suffering, medical bills, lost wages, etc. Punitive damages, which are monetary awards that are given with the purpose of punishing the wrongdoer, are usually not available. However, Washington does have certain laws that make exceptions to this general rule. An experienced attorney should be consulted to determine if an exception is available in a particular case. It is also important to be aware of any insurance and health care coverage that may be available. A good attorney will review all available coverage that may help cover the costs associated with the brain injury and resulting lawsuit. Overall, filing a brain injury lawsuit in Washington requires careful consideration and guidance from an experienced attorney. It is important to take the necessary steps to preserve the claim and ensure the best possible outcome.
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