“Thank you for helping with my lawsuit for the car wreck. You did a wonderful, professional job and I would recommend you to anyone. Once again, thank you very much.”
– Rodeo Post
“Without the help of Kevan Montoya I know that I would not have had the successful outcome that was achieved. He took a very difficult situation and made sure that the truth was told, presently and perfectly. He was a calm and confident presence during this difficult time for our family. I very much appreciate the knowledge and support I received from Mr. Montoya. I highly recommend this firm.”
– April Adkison
“Kevan Montoya and his staff are incredible! I was able to concentrate on healing and my family instead of insurance companies and paperwork. Not only are the staff empathetic and efficient, Mr. Montoya was tenacious in making sure that my interests were considered. They’ve got your back!”
– Lisa Allen (Yakima, WA)
If you or a loved one suffered a brain injury due to someone else’s negligence, you may be entitled to compensation for your losses in a brain injury lawsuit. While no amount of money can make up for a catastrophic injury, a settlement can help ease your financial burdens and pay for care at a time you or your injured loved one may not be able to work.
Our Yakima Brain Injury Lawyers Will Pursue Compensation For Your Losses
Hiring Montoya Hinckley means you’ll get aggressive, skilled representation in seeking the compensation you deserve.
The human brain controls our thoughts and bodily functions, so when it is injured, the results can be devastating. Severe brain injuries can lead to paralysis, inability to communicate, changes in personality, coma, or death. The Brain Injury Association of America reports that over 1.5 million people suffer traumatic brain injuries (TBI) yearly, and at least 50,000 individuals will die from them.
After a brain injury, people frequently need trauma care, specialized rehabilitation, disease management, and individualized services and support. This care is extremely expensive and life-altering to victims and their families. A brain injury lawyer from our firm can advise you about your possible options for getting compensation to pay for your medical treatment and other damages you have suffered. Call us at 509-895-7373 to schedule a free consultation about your matter.
Why Choose A Brain Injury Lawyer From Our Yakima Firm?
We Have Decades of Experience Fighting to Get Clients’ Compensation
Washington personal injury laws are complicated, and making mistakes in the process of a brain injury case can be costly. Insurance companies have adjusters and lawyers who will try to avoid paying large sums of money as compensation for your brain injury. They may pressure you to accept a settlement that does not fairly compensate you for all of your damages.
Fortunately, you do not have to fight alone for the compensation you deserve when someone else’s negligence has caused you to suffer a potentially life-changing brain injury. The personal injury lawyers at Montoya Hinckley understand the difficulties resulting from a brain injury. We are fully prepared to take the burden off you by dealing with insurers and handling all legal procedures involved with your case so you can concentrate on your recovery.
Our brain injury lawyers, Kevan Montoya and Tyler Hinckley, have over four decades of combined experience in Yakima and Central Washington. We understand how insurers operate. We have the necessary knowledge of the law, the courts, and the legal system to aggressively and effectively pursue compensation on your behalf. We have won cases involving millions of dollars in damages and will work hard to seek the money you need to fairly pay for your losses.
When you choose us, you can rely on our honesty and integrity, which is why our attorneys will not guarantee you a win or that you will get a specific dollar amount in compensation. No law firm can make those guarantees. But we will promise you that we will not back down in standing up for your rights and interests. And we will never let an insurance company or other party involved in your case take advantage of you.
Our law firm offers a free and confidential consultation to discuss the circumstances of your case and determine the best way to help. Do not hesitate to reach out to us.
There are no fees to you unless and until we get you compensation for your damages. Call an experienced brain injury attorney today at 509-895-7373 to get started.
What A Yakima Brain Injury Lawyer Can Do To Help You
We Take on Insurers So You Can Focus on Healing
The outcome of your brain injury case is determined by what happened, the extent of your injuries, the causes and effects of your brain injury, and who is responsible for causing your injuries. Our attorneys will investigate your case to determine what happened and ensure that we can show that another party or entity was negligent. If anyone was at fault for causing your injuries they may be liable to pay you the damages caused by their actions or failure to act.
Our brain injury attorneys may take the following steps as we develop a strategy for your case. We will:
- Listen to your version of what happened and who you think the liable parties might be
- Conduct investigations to gather evidence about how your brain injury occurred.
- Interview witnesses
- Examine photographs and videos, and review police, ambulance, and medical records and reports
- Locate all potential defendants who may have been at fault
- Get expert opinions from accident reconstruction experts, medical professionals, therapists, and life-care specialists regarding how your injuries occurred, and how they affect you, both now and into the future
- Get expert opinions about the future medical care necessary for you.
Determining the Causes of Brain Injuries
The brain is made up of delicate, soft tissue floating in the fluid within the skull. While the brain is protected by three layers of membrane, an accident that involves a sudden blow to the head can cause the brain to move around violently inside the skull and result in a traumatic brain injury. When an accident creates trauma to the brain, the brain fills with fluid and swells. Because it is encased in a hard skull, the brain has nowhere to expand. The pressure inside the head increases, which can prevent blood circulation and cause further injury to the brain tissue.
A severe brain injury may be caused by:
- Forces that make the brain collide with the inside of the skull
- Forces that penetrate or fracture the skull
- Destructive shock waves that cause tissue damage
- Bone fragments that enter the brain tissue
- Bruising and bleeding in the brain.
Common situations leading to brain injuries include car and other vehicle accidents, work accidents, slips and falls, chemical accidents, sports accidents, and medical and surgical errors. Once we know the cause and who is at fault, our traumatic brain injury lawyer can pursue a settlement with the negligent parties.
If negotiations do not give you the results you deserve as compensation for your damages, we will counsel you about litigating your case in court, where we may potentially be able to get you a better outcome.
Our Traumatic Brain Injury Lawyer Must Prove Negligence
To win your TBI lawsuit, our attorneys must prove that the defendant in the case was negligent and legally responsible for causing your brain injury.
To prove negligence, we must show the following elements exist:
- Duty: The defendant had a duty of care not to cause harm.
- Breach: The defendant breached this duty by acting or failing to act.
- Cause: The defendant’s wrongful act or failure proximately caused the accident that led to your injuries.
- Damages: You suffered damages as a result.
Examples of negligence in a brain injury case include:
- A drunk driver ran a red light and crashed into your vehicle. The driver owed you a duty to drive carefully and follow the law but failed to do so. The resulting accident caused your traumatic brain injury, which resulted in damages such as medical costs, loss of wages, pain and suffering, and emotional distress.
- A business owner, who knew or should have known about a broken handrail on a staircase, failed to fix the broken handrail and fell down the staircase and hit his head when the broken handrail came loose from the wall. That fall resulted in a brain injury and costs for your medical care, loss in earnings, pain and suffering, and emotional distress.
In some cases, there may be multiple parties who could be found liable for your injury. For example, if a truck crash caused your head injury, there are several potentially liable parties:
- the truck driver
- the truck owner
- the owner of the trucking company
- the company responsible for truck maintenance and repair
- the company that loaded the cargo
- the manufacturer of a defective part that failed.
These parties may all have insurance and assets that could be used to pay you compensation for your injuries.
Damage Awards A Traumatic Brain Injury Attorney May Win For You
Damages You May Receive in a Brain Injury Case
If your case does not settle with insurers, our traumatic brain injury lawyers will fight for an award that covers your economic and noneconomic damages.
If you cannot obtain a fair settlement for your brain injury claim, you may have to file a lawsuit. In your brain injury lawsuit, our lawyers will fight aggressively to win an award for the losses you sustained from your injury. These are known as “damages.”
In a successful case, you may win compensation that covers your economic damages, which are the calculable costs you have incurred as a result of the accident, such as:
- Medical and rehabilitation expenses
- Costs of continuing care
- Property damages
- Costs to allow your home and vehicle to accommodate a wheelchair
- Wage losses if you are unable to work
- Out-of-pocket expenses related to your injuries.
You may also be compensated for noneconomic damages. These are types of losses you suffer for which there is no clear dollar value attached. Noneconomic damages relate to how your injuries negatively affect your life, and include:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life.
The state of Washington does not place caps on noneconomic damages, so there is no limit to the amount you may be compensated for these losses.
Compensation In A Brain Injuries Lawsuit
There is a wide range of compensation possible in a brain injuries lawsuit. The amount depends on the individual factors involved in each case. Compensation can vary greatly depending on your damages and factors that may include:
- The extent, severity, and permanence of your brain injury
- Whether, and for how long, you will need continuing care
- Your age, earning capacity, and family situation
- The availability of evidence to prove fault
- Whether you will be able to work in the future
- Whether a death occurred
- The amount of insurance and personal assets of the defendants
- The individual judge and jury in the case
- The ability to prove noneconomic damages
- The skill of your attorneys in investigating, building, negotiating and arguing your case.
Because brain injuries can be serious, with long-term costs, there is potential for large awards from sympathetic juries. Our brain injury attorneys are aggressive litigators who will work tirelessly to prove your case to try to obtain the best possible outcome.
Our Yakima TBI Lawyers Know How Devastating Brain Injuries Are
Brain injuries are categorized as “mild,” “moderate,” and “severe” based on the effect of the injury on brain function. The level of severity plays a major role in the potential settlement amount or jury award.
Mild traumatic brain injury may affect brain cells temporarily, but still can be serious. If damage is more severe, it can result in bruising, torn tissues, bleeding and other physical damage to the brain that can result in long-term complications or even death. An individual with a severe brain injury may behave nothing like the person who existed before the injury. The individual may be unable to:
- Speak, move, walk, feed, or dress themselves
- Recognize family members or their surroundings
- Have a social life, interact with people, understand language, or work.
In some situations, a person affected by a traumatic brain injury may develop new emotional and behavioral issues. In addition, the person who suffered a TBI may need continuing care and costly therapy and equipment. The person may no longer be able to live at home and may have to be institutionalized or placed on life support.
If the injury is severe enough, individuals with a TBI may be in an unconscious state, or coma; a vegetative state, where they are unaware of surroundings; a minimally conscious state; or brain dead, an irreversible condition with no measurable activity in the brain and the brainstem.
Our brain injury attorneys in Yakima will consider all the potential costs associated with your TBI. We will examine how your brain injury has affected your life to determine fair compensation for you. We will negotiate aggressively with insurers for a reasonable settlement, but are fully prepared to take your case to trial when necessary.
Symptoms Of Brain Injuries
The symptoms of a traumatic brain injury can differ based on its severity. Here are some possible symptoms:
- Ringing in ears
- Speech or vision problems
- Clear fluids coming from nose or ears
- Trouble with balance or walking
- Convulsions and seizures
- Loss of consciousness.
If you were in an accident, see a doctor right away, especially if you have possible TBI symptoms. When you have questions about your possible right to compensation following an accident, reach out to a traumatic brain injury attorney from our firm. Call us at 509-895-7373.
Types Of Treatment You May Need After A Brain Injury
Serious Traumatic Brain Injuries Can Require Expensive Long-Term Care
Medical treatment immediately following a traumatic brain injury and for the long term can be extremely expensive. A study by the CDC showed that, nationally, the annual healthcare costs of nonfatal traumatic brain injuries were more than $40.6 billion.
Lifetime medical costs for an individual with a traumatic brain injury could range from tens of thousands to millions of dollars, depending upon its severity. Here are the types of treatments a person with a traumatic brain injury may require immediately following an accident and into the future:
- CT scan and/or MRI to determine the severity of the brain injury
- Intracranial pressure device to monitor swelling of tissues in the brain
- Anti-seizure drugs and other costly medications
- Surgeries to reduce pressure on the brain, stop bleeding or repair skull fractures
- Psychiatric care, physical therapy, occupational therapy, speech and language therapy, and other rehabilitative treatment
- Daily nursing care, and other assistance with the tasks of day-to-day life.
When you have suffered a brain injury due to the negligence of another party, you may be entitled to compensation to pay for your medical costs and other damages. Our TBI lawyers will pursue fair compensation that adequately pays for your losses. Reach out today to speak with a traumatic brain injury lawyer.
Contact Our TBI Lawyers In Yakima
At Montoya Hinckley, our TBI lawyers understand how difficult it is for you and your family to deal with a brain injury. We will advocate for the justice and the settlement you deserve. We are well-known for our client-focused service philosophy and will work closely with you to provide support, answer your questions and concerns, and manage all aspects of your claim process through settlement and, if necessary, a lawsuit.
If you have suffered a brain injury due to the fault of another person or entity, contact a Yakima brain injury lawyer at Montoya Hinckley at 509-895-7373 today.
Don’t delay, as there are deadlines for filing a claim. According to RCW 4.16.080, you generally have three years from the date of the brain injury-causing event to file a lawsuit. If you miss this deadline, you will likely lose your opportunity to bring a personal injury claim. Let’s get started on your case.