When we go to a shopping center or run various errands around town, we expect that the property owners have taken steps to keep these areas safe and free of hazards. For instance, a storeowner should keep an eye on any potential safety issues, such as slick or uneven surfaces, electrical hazards, and any other problems that could jeopardize the safety of employees and customers. Any issues should be reported to the owner as soon as possible so that they can address and repair the problems within a reasonable amount of time. Unfortunately, there are times in which negligent or inattentive property owners may fail to maintain safe conditions, which can increase the likelihood of accidents and injuries. In Washington state, premises liability laws hold property owners responsible for maintaining a safe environment. If they fail to do so, they may be held liable for any injuries that occur as a result of their negligence. Some of the most common types of premises liability claims include slip and fall accidents and head injuries. A brain injury lawsuit can be especially complex to navigate for the plaintiff, as head trauma can be challenging to diagnose and treat. Many people who suffer a traumatic brain injury face a lengthy recovery journey, which can come with staggering medical bills, lost wages, and other substantial costs.
If you or someone you love has suffered a brain injury in the greater Seattle area due to someone else’s negligence, you may be entitled to file a serious brain injury claim to recover the compensation you need to support the costs of your recovery. Enlisting the guidance of a highly-qualified and experienced personal injury attorney is the best way to maximize your chances of securing a fair and favorable outcome. Let’s take a closer look at how premises liability claims involving brain injuries typically unfold in Washington state and why it’s worth working with a trusted and caring legal advocate along the way.
Understanding Washington’s Premises Liability Laws
First, it’s helpful to get a sense of how Washington’s premises liability laws work and how they affect an injured party’s options for pursuing compensation from a negligent property owner. Essentially, property owners owe what’s known as a “duty of care” to those who visit the premises. However, the nature of the duty of care depends on whether the visitor is considered an invitee, a licensee, or a trespasser. Invitees, such as customers shopping at a market, are owed the highest duty of care. Property owners are expected to keep their premises in safe condition for invitees, which includes a duty to locate and fix (or to provide a clear warning about) any potentially hazardous conditions (such as a wet floor). Licensees are any individuals who enters a property for their own purposes but with the owner’s permission, and the owner owes these visitors a duty of ordinary care to fix dangerous conditions or provide a clear warning about potential hazards. As you might expect, property owners do not owe as high a duty of care to trespassers (i.e., individuals who enter the property without any right or without the owner’s permission)—their only obligation is to refrain from willingly injuring trespassers. If an invitee or licensee suffers an injury while visiting the premises because the owner failed to uphold the duty of care owed to you, you may have grounds for filing a premises liability claim against the negligent property owner in order to recover the compensation you need to support your recovery.
Pursuing a Head Injury Accident Claim in Washington State
Many premises liability claims involve a slip and fall accident that causes a head injury. Head injuries can be particularly complex, as brain injuries may not trigger immediate or obvious symptoms right away. Sometimes, someone who sustains a traumatic brain injury may not realize that they have even suffered a head injury—instead, they may assume that they slipped and fell and bumped their head without harming their brain. However, leaving a traumatic brain injury undiagnosed or untreated can lead to serious complications and even cognitive impairment. According to the Mayo Clinic, serious traumatic brain injuries can lead to seizures, fluid buildup in the brain, infections, blood vessel damage, vertigo, headaches, and even a loss of consciousness. In some cases, a severe brain injury may result in paralysis, loss of vision, hearing loss, impaired executive functioning, cognitive problems, and communication issues (i.e., slurred speech, inability to follow conversations, difficulty concentrating, etc.). Even if you do not believe your slip and fall accident warrants an immediate trip to the hospital for urgent medical care, it’s essential that you visit your doctor within the next day or two to receive a comprehensive medical evaluation. Your physician can assess you for any head trauma or brain injuries and begin treating these issues as soon as possible.
Filing a Brain Injury Lawsuit to Recover the Compensation You Need
As you focus on your physical and mental recovery after this unexpected—and likely preventable—accident, you may struggle with the significant financial burden of costly medical bills, lost wages, and other unanticipated expenses stemming from the incident. When a slip and fall accident results in a serious brain injury, factors such as property maintenance and negligence become critical in determining the severity of the premises liability claim. Given the intricate nature of establishing liability and the potential for substantial medical costs, hiring an experienced attorney is essential to effectively manage the legal process and secure the compensation you deserve. Your knowledgeable and caring Seattle personal injury lawyer can answer any questions you may have about brain injury lawsuit settlements and address your concerns at every step of the legal process. When you allow a highly qualified and trusted attorney to advocate vocally for your best interests, you can devote more of your attention to focusing on what matters most—your recovery.
If you have suffered an injury due to someone else’s negligence, you may be entitled to recover compensation to assist with the unanticipated medical costs, lost wages, or other expenses stemming from the incident. Call Scott & Scott, PLLC, today at (206) 622-2200 to discuss your legal options with a dedicated and experienced personal injury law attorney.