Traumatic brain injuries, or TBIs, change lives. That’s true whether we’re talking about a concussion that lingers for months, or a catastrophic injury that requires a lifetime of care. If someone else’s negligence caused your TBI, the severity of that injury is one of the biggest factors in how your claim gets evaluated, by the insurance company, by medical experts, and if it comes to it, by a jury.
At Abeyta Nelson, we’ve spent more than 45 years helping Central Washington families through exactly these kinds of brain injury cases. Here’s what you should know about how mild, moderate, and severe brain injuries are treated differently under Washington law, and why the details of your specific injury matter more than the label attached to it.
Mild TBIs Aren’t Always “Mild”
A mild traumatic brain injury, commonly known as a concussion, gets its name from how the injury first presents, not from how hard the recovery will be. Someone with a mild TBI might lose consciousness for a moment, or they might stay fully alert the entire time. Brain imaging often comes back normal. And yet the person may still be dealing with:
- Frequent headaches
- Memory problems
- Trouble concentrating
- Dizziness
- Mood changes
- Fatigue
- Sensitivity to light and noise
Many people feel better within a few weeks. Others develop post-concussion syndrome, and the symptoms stick around for months or years.
This is where mild TBI claims get hard. Insurance companies love to point at a normal CT scan or MRI and argue the injury couldn’t be serious. That’s exactly why we build these cases on more than imaging: neurological evaluations, neuropsychological testing, and firsthand accounts from the people who see you every day and know you haven’t been the same since the accident.
Moderate TBIs Mean a Longer Road Back
Moderate traumatic brain injuries usually involve a longer period of unconsciousness, imaging that actually shows something abnormal, or neurological symptoms that are harder to ignore.
Most people with a moderate TBI are hospitalized, then spend weeks or months in rehabilitation. Even with treatment, they can be left with:
- Speech difficulties
- Memory loss
- Slower thinking
- Balance problems
- Personality changes
- Emotional regulation issues
These effects often make it hard, or impossible, to go back to the job you had before. Because the long-term impact of a moderate TBI is usually easier to document than a mild one, these claims tend to settle for more. Future medical costs, lost earning capacity, rehab, and ongoing therapy all get factored into the value of the case.
Severe TBIs Require Compensation That Matches the Reality
Severe brain injuries are the ones that reshape a family’s entire future. We’re talking about extended unconsciousness, brain bleeding or swelling, and permanent neurological damage.
These clients often need emergency brain surgery, intensive care, months of rehabilitation, occupational and speech therapy, full-time caregivers, and home modifications just to get back to some version of daily life. Many never fully regain their independence.
The financial reality of a severe TBI is staggering. Future medical care alone can run into the hundreds of thousands, or millions, of dollars over a lifetime. Washington law also allows you to pursue compensation for pain and suffering, emotional distress, and loss of enjoyment of life, on top of your economic losses.
Two People, Same Accident, Completely Different Outcomes
The general rule is simple… the more severe the brain injury, the higher the potential value of the claim. But severity is only part of the picture. We’ve seen two clients walk away from nearly identical accidents with completely different recoveries. One person is back to normal in two weeks. Another is still fighting debilitating headaches and memory loss years later.
That’s why we don’t build your case around a diagnosis. We build it around you: your medical history, your occupation, your age, your future care needs, and how the injury actually shows up in your day-to-day life.
To do that well, we lean on the right medical evidence. Depending on your case, our team may work with neurologists, neuropsychologists, rehabilitation specialists, vocational experts, and life care planners, pulling from emergency room records, CT scans and MRIs, neurological and neuropsychological testing, physical and speech therapy records, employment records showing lost income, and testimony from the people who know you best. The more complete that picture is, the harder it becomes for an insurance company to talk your injury down.
Real Results for Brain Injury Clients
Brain injuries touch every part of a person’s life, not just the medical bills. They affect careers, relationships, and independence. Our team has fought for brain injury victims across Central Washington and secured results including:
- $6.9 million for a 5-month-old girl who suffered a brain injury falling from building code-violating bleachers at Toppenish High School. It’s still the largest settlement in Yakima County history.
- $2.5 million for a 61-year-old Yakima man who suffered multiple serious injuries, including head trauma, in a head-on collision on Satus Pass.
- $800,000 for an 18-year-old who sustained a traumatic brain injury in a motor vehicle collision.
Every case is different, and past results don’t guarantee what happens in yours. But they show what we’re capable of when we go all in for a client.
Talk to a Yakima Brain Injury Attorney Today
If you or someone you love suffered a traumatic brain injury because of someone else’s negligence, you may be entitled to compensation for medical expenses, lost income, future treatment, and pain and suffering. With offices in Yakima, Ellensburg, and Sunnyside, our attorneys work directly with medical experts to understand the full scope of your injury and fight for what you’re actually owed.
Whether you’re dealing with a concussion or a catastrophic brain injury, you don’t have to figure this out alone. Call Abeyta Nelson Injury Law(509-575-1588) today for a free consultation with an experienced traumatic brain injury attorney.