Catastrophic Injury Lawsuits: Washington State

A catastrophic injury is defined as a severe injury to the victim’s brain, spinal cord or spine that may include skull or spinal fractures. A catastrophic injury causes long-term or permanent disability and disfigurement that often requires multiple surgeries. These difficulties are combined with a long and strenuous recovery and/or a lifetime of medical treatment or assistance. In the worst cases, a person who has suffered a catastrophic injury may not be able to return to work in his or her previous career or be able to go back to work at all.

Common catastrophic injuries include traumatic brain injuries (TBI), spinal cord injuries, partial or total paralysis, loss of a limb, severe burn injuries, disfigurement or serious scarring.

Damages for catastrophic injury cases are much higher than for other personal injury cases but the burden to prove the extent of the damages is much higher and more complex.

If you or a loved one has incurred a catastrophic injury it is important that you seek the help of an experienced personal injury lawyer who can help you fight for the damages that will “make the plaintiff whole.” This means that, as much as possible, the plaintiff receives enough money to pay for all of his or her expenses and compensate for the pain and suffering and loss of quality of life caused by the injury.

Catastrophic Injury Lawsuits in Washington State

Washington State’s statute of limitations

Every state has a statute of limitations on personal injury claims; this is the time limit to file your lawsuit. In Washington State the statute of limitations is three years from the date of the accident or injury – there are few exceptions.

Comparative fault in Washington State

Washington State uses the “pure comparative negligence” approach to assigning fault in personal injury lawsuits. This means that even if the victim is partly at fault for the accident, he may still receive damages for the share of the fault assigned to the other party. For example, if a plaintiff recovers $100,000 in damages but is determined by the judge or jury to be 10 percent at fault, the award would be reduced by $10,000.

No damage caps in Washington State personal injury cases

There are no restrictions placed on the amount of damages that a plaintiff in Washington State can receive for their injury. Washington courts have ruled that these kinds of damage caps are unconstitutional.

Punitive damages are not allowed in Washington State

While allowed elsewhere, punitive damages are not allowed in Washington State. Punitive damages go above and beyond the initial settlement and are meant to punish the defendant for particularly egregious behavior.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice, birth injuries and other personal injuries. We seek justice for patients who have been harmed by preventable medical errors including wrongful death, catastrophic injuries and traumatic brain injuries in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a statute of limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced Seattle injury lawyers. We are ready to fight for you.