What are some of the obstacles faced in a brain injury case?

Filing a brain injury case in Washington can be difficult due to a number of obstacles. First, proving fault can be difficult. For example, proving that the injury resulted from negligence or wrongdoing on the part of another party can be difficult. Additionally, proving that the injury is not due to any pre-existing medical conditions can be difficult. Second, brain injuries can be difficult to diagnose, which can make it difficult to determine the exact long-term consequences. This can make it difficult to establish the amount of compensation a person should receive for their injury. Jury members may have difficulty determining the true value of a case since there may be no exact evidence available to prove the severity or impact of the injury. Third, determining the responsible parties in a brain injury case can be difficult. For example, the responsible party may not be immediately identifiable, or a number of parties may be responsible (e.g. the manufacturer of a defective product, the building owner of a hazardous area, medical staff, etc.). Finally, the statute of limitations in Washington provides only three years from the date of the injury to file a claim. Injured individuals must act quickly to ensure that they can file their case within the provided timespan. Unfortunately, due to the complexities associated with filing a brain injury case, this can be a daunting task.

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