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A concussion is more than a temporary bump on the head. If someone else’s negligence caused an accident resulting in your injury, Washington law allows you to pursue compensation through a personal injury claim, even when the symptoms are not immediately visible. At Craig Swapp & Associates, our Washington personal injury lawyers help injury victims recover compensation after serious accidents, including those involving concussions and other traumatic brain injuries.
A concussion is a mild traumatic brain injury (mTBI) caused by a sudden blow, jolt, or violent movement that causes the brain to move rapidly inside the skull. Although concussions are categorized as “mild” from a medical standpoint, they are not minor injuries. Many people experience symptoms that interfere with work, school, daily activities, and overall quality of life for weeks or even months.
Concussions commonly occur in:
Because Washington recognizes concussions as legitimate physical injuries, they form the basis of many successful personal injury claims when another person’s negligence or wrongful conduct caused the accident.
Concussion symptoms do not always appear immediately. Some individuals feel normal immediately after an accident but develop symptoms hours or even days later.
Common physical symptoms include persistent headaches, dizziness, nausea or vomiting, blurred vision, sensitivity to light or noise, balance problems, and fatigue.
Many people also experience cognitive symptoms such as difficulty concentrating, memory problems, mental confusion, slower thinking, trouble finding words, and difficulty making decisions.
Emotional and behavioral symptoms may include irritability, anxiety, depression, mood swings, and sleep disturbances.
Because these symptoms often overlap with other medical conditions, obtaining prompt medical evaluation is essential. Early diagnosis not only supports recovery but also creates medical documentation that may later become valuable evidence in a concussion lawsuit.
You may sue for a concussion in Washington if another person’s negligence or intentional conduct caused your injury. Most concussion injury claims arise under Washington negligence law.
Negligence requires proving four essential elements:
For example, a distracted driver who runs a red light owes other motorists a duty to operate a vehicle safely. If that driver’s negligence causes a collision that results in a concussion, the injured victim may pursue compensation through a personal injury lawsuit.
Unlike broken bones, concussions rarely appear on standard X-rays or CT scans. As a result, proving the injury often requires combining several forms of evidence.
Medical records usually serve as the foundation of a concussion lawsuit. Emergency room reports, neurological evaluations, primary care records, neuropsychological testing, Magnetic Resonance Imaging (MRI) studies when appropriate, and follow-up treatment help establish both the diagnosis and its severity.
Medical providers also document symptoms over time, demonstrating how the concussion affected daily life. In more serious cases, neurologists, neuropsychologists, vocational specialists, or life care planners may explain how the concussion affects the injured person’s future earning ability and long-term health.
The stronger the connection between the accident and the documented medical diagnosis, the stronger the overall claim becomes.
A successful concussion lawsuit seeks compensation that reflects both the financial and personal impact of the injury.
Economic damages compensate for measurable financial losses, including medical costs and lost wages. Non-economic damages address losses that cannot easily be measured with receipts or invoices, such as physical pain and emotional and mental distress.
Every concussion affects individuals differently. Some people recover within weeks, while others develop persistent post-concussion syndrome that requires ongoing treatment for months or years.
Insurance companies frequently challenge concussion claims because the injury is often invisible.
An adjuster may argue:
These arguments often rely on gaps in treatment or delayed medical evaluations. Seeking medical attention promptly after an accident strengthens both your health outcomes and the documentation supporting your claim.
Insurance companies also review social media activity, employment history, surveillance footage, and prior medical records in an effort to minimize compensation. Building a thorough record early in the case helps address these common defenses.
Brain injury cases frequently involve complicated medical evidence, disputed diagnoses, and insurance companies determined to reduce payouts.
An experienced injury attorney helps gather medical records, interview witnesses, preserve accident evidence, consult appropriate medical professionals, negotiate with insurance companies, and prepare the case for litigation if settlement negotiations fail.
In serious Washington concussion cases, damages often exceed these minimum policy limits, making it important to identify all available insurance coverage and potentially liable parties.
Whether the injury resulted from a motor vehicle collision, commercial truck accident, pedestrian crash, dangerous property condition, or another preventable incident, a personal injury attorney helps injured victims understand their available options.
A concussion may be classified as a mild traumatic brain injury, but its effects are often anything but minor. Washington law allows injured individuals to pursue compensation when another person’s negligence causes a concussion, provided liability and damages are supported by credible evidence.
Craig Swapp & Associates proudly represents injury victims across Washington, including Seattle, Tacoma, Spokane, Vancouver, Bellevue, Everett, Yakima, Bellingham, the Tri-Cities, and nearby communities. If you or a loved one suffered a concussion after an accident, our injury attorneys in Washington are ready to provide the dedicated representation you need. Call us at 1-866-480-2237 or contact us using our online form to schedule your free initial consultation.
Written By: Ryan Swapp Legal Review By: Craig Swapp