By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Head or brain injury in Washington?
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What to do after a head injury in Washington
Get medical care first. The CDC says to call 911 or go to an emergency department right away if, after a blow or jolt to the head, a person has any of these danger signs (CDC):
- A headache that gets worse and does not go away
- Weakness, numbness, decreased coordination, convulsions or seizures
- Repeated vomiting
- Slurred speech or unusual behavior
- One pupil larger than the other
- Not recognizing people or places, or being confused, restless or agitated
- Losing consciousness, looking very drowsy or not waking up
Some symptoms appear hours or days later, and most people with a mild TBI or concussion feel better within a couple of weeks (CDC). If you do not, keep going back. See head injury danger signs and concussion or brain injury after a crash.
- Tell every provider about the head injury and every symptom, including sleep, memory and mood.
- Open a PIP claim with your own auto insurer if the injury came from a crash; it can pay medical bills while fault is sorted out. Our Washington car accident page explains PIP and underinsured motorist coverage.
- Keep a symptom log, and ask people close to you to note changes.
- Do not give a recorded statement to the other side’s insurer before you get advice.
How brain injuries happen in Washington
Nationally, there were about 214,110 TBI-related hospitalizations in 2020 and 68,663 TBI-related deaths in 2023 (CDC TBI data). Falls lead to nearly half of TBI-related hospitalizations, and motor vehicle crashes and assaults are other common causes (CDC).
The Washington State Department of Health says there are several thousand TBI-related deaths and hospitalizations in the state each year (DOH). The state’s TBI advisory council, citing 2022 Department of Health data, counted more than 34,000 TBI injuries and deaths combined, with falls the leading cause of hospitalizations and emergency room visits (TBI statewide plan, Jan. 2025).
Our news desk covers these cases. In Yakima, a driver allegedly crossed the center line on East Yakima Avenue and hit another car; a boy suffered a broken leg and a head injury, a 10-year-old was airlifted to Seattle Children’s Hospital, and the driver was arrested on suspicion of DUI and vehicular assault (Yakima, East Yakima Avenue). In Tacoma, a 20-year-old woman died a week after the car she was riding in left Schuster Parkway and hit a utility pole; the medical examiner listed blunt force injuries of the head and neck (Tacoma, Schuster Parkway). Families in fatal cases should read our Washington wrongful death deadline page.
More: Washington motorcycle accident lawyer, pedestrian accident lawyer and slip and fall lawyer, and local pages for Seattle pedestrian accidents, Tacoma motorcycle accidents and Spokane pedestrian accidents.
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Washington law: deadline, children and fault
Three years to sue. An action for injury to the person must be started within three years (RCW 4.16.080(2)).
Injured children. If the injured person was under 18 when the claim arose, or was so incompetent or disabled that they could not understand the proceedings, that time is not part of the limitations period (RCW 4.16.190). In the Yakima crash above, the injured boy’s own three years would not begin until he turns 18.
Pure comparative fault. Any fault chargeable to you reduces your damages proportionately but does not bar recovery (RCW 4.22.005). See comparative fault in California, Texas and Washington and our helmet law page.
Several defendants. Each defendant’s liability is generally several only. If the jury finds the injured person was not at fault, as with many passengers and children, the defendants are jointly and severally liable for the sum of their shares (RCW 4.22.070(1)(b)).
Damages: no cap, and no punitive damages
No statutory cap on non-economic damages. In 1989 the Washington Supreme Court held that RCW 4.56.250, which limited non-economic damages in injury and death cases, interfered with the jury’s function to decide damages and violated the right to trial by jury in article 1, section 21 of the state constitution (Sofie v. Fibreboard Corp., 112 Wn.2d 636, 771 P.2d 711 (1989)). For a person living with a permanent brain injury, that ruling matters more than almost any other.
Punitive damages are generally unavailable. Washington follows a long-standing rule that prohibits punitive damages without express legislative authorization (Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996)). Compensation comes through medical costs, future care, lost earning capacity and general damages. Read what a brain injury case is worth.
Claims against a city, county or the state
A claim against a local government must be presented to the agent the entity appoints, within the limitations period, on the standard tort claim form or the local form. You cannot sue until 60 calendar days after the claim is presented, and the limitations period is paused for those 60 days (RCW 4.96.020). Claims against the state go to the Office of Risk Management, with the same 60-day wait (RCW 4.92.110).
The Lystedt law and school concussions
Washington’s Zackery Lystedt law requires that a youth athlete suspected of a concussion or head injury in a practice or game be removed at that time. The athlete may not return until evaluated by a licensed health care provider trained in concussion and cleared in writing. Each year the athlete and a parent must sign a concussion information sheet before practice or competition. A volunteer provider who clears an athlete is not liable for civil damages except for gross negligence or willful or wanton misconduct (RCW 28A.600.190). Our Lystedt law FAQ goes further.
Public schools must also report each diagnosed student concussion to the Department of Health (RCW 28A.600.192). For the 2023-2024 school year, schools reported 1,105 concussions, though only 43% of districts (126 of 295) sent reports. Football accounted for 30% and soccer 10%, and 70% were tied to sports (DOH, Student Head Injuries report, Oct. 2024). If your child was hurt, ask the school for its report and the clearance records.
Proving a brain injury
NIH’s NINDS notes that imaging and tests cannot always detect damage from mild, concussive injuries, and that MRI is more sensitive than CT (NINDS). Follow-up records, testing and witnesses who saw the change carry a mild TBI case. See mild traumatic brain injury claims, how to prove a traumatic brain injury and disability benefits for a brain injury.
Washington, California and Texas compared
| State | Deadline to sue | Injured child | Your share of fault | Several defendants | Damages rules worth knowing | Youth sports concussion law |
|---|---|---|---|---|---|---|
| California | 2 years (CCP § 335.1); 6-month claim against a public entity (Gov. Code § 911.2) | Lawsuit clock paused until 18 (CCP § 352), but not for government claims | Reduces the award, never bars it (Li v. Yellow Cab) | Each pays only its share of non-economic damages (Civ. Code § 1431.2) | Pain and suffering cap applies only to medical negligence (Civ. Code § 3333.2); medical bills measured by amounts paid (Howell) | Educ. Code § 49475 |
| Texas | 2 years (CPRC § 16.003); 6-month notice to a government unit (CPRC § 101.101) | Clock paused until 18 (CPRC § 16.001) | Barred if more than 50% (CPRC § 33.001) | A defendant over 50% at fault pays all recoverable damages (CPRC § 33.013) | Medical expenses limited to amounts paid or incurred (CPRC § 41.0105); punitive damages capped (CPRC § 41.008) | Natasha’s Law, Educ. Code ch. 38, subch. D (HB 2038) |
| Washington | 3 years (RCW 4.16.080); claim and 60-day wait for government (RCW 4.96.020) | Clock paused until 18 (RCW 4.16.190) | Reduces the award, never bars it (RCW 4.22.005) | Joint and several only if you were not at fault (RCW 4.22.070) | Cap on non-economic damages struck down (Sofie v. Fibreboard); no punitive damages without a statute (Dailey) | Zackery Lystedt law (RCW 28A.600.190) |
Washington gives the most time to sue, and its Supreme Court has held that a statutory cap on non-economic damages violates the right to a jury trial.
Related pages
- California brain injury lawyer
- Texas brain injury lawyer
- Washington’s Lystedt law
- Is a concussion a traumatic brain injury?
- How long brain injury cases take
- Areas we serve in Washington
Common questions
How long do I have to file a brain injury lawsuit in Washington?
Three years from the injury (RCW 4.16.080(2)). Against a local government or the state, you must first present a tort claim and wait 60 days; the deadline is paused during the wait (RCW 4.96.020, 4.92.110).
My child had a concussion. When does the deadline start?
The time before a person turns 18 is not counted (RCW 4.16.190), so a child’s own three years generally begin at 18. Parents should still act early, while evidence and witnesses are fresh.
Is there a cap on pain and suffering in Washington?
No statutory cap applies. The Washington Supreme Court struck down RCW 4.56.250’s limit on non-economic damages as a violation of the right to a jury trial (Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989)).
Can I get punitive damages in Washington?
Generally no. Washington prohibits punitive damages unless the Legislature has expressly authorized them (Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996)).
What does the Lystedt law require?
Removal from play when a concussion or head injury is suspected, written clearance from a licensed provider trained in concussion before return, and a yearly signed information sheet (RCW 28A.600.190).
I was partly at fault. Can I still recover?
Yes. Your share of fault reduces your damages but does not bar recovery (RCW 4.22.005).
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Sources
- RCW 4.16.080
- RCW 4.16.190
- RCW 4.22.005
- RCW 4.22.070
- RCW 4.96.020
- RCW 4.92.110
- RCW 28A.600.190
- RCW 28A.600.192
- Sofie v. Fibreboard Corp., 112 Wn.2d 636, 771 P.2d 711 (1989)
- Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572, 919 P.2d 589 (1996)
- CDC, TBI Data (hospitalizations 2020, deaths 2023)
- CDC, Facts About TBI
- CDC, Symptoms of Mild TBI and Concussion (danger signs)
- NIH, National Institute of Neurological Disorders and Stroke, Traumatic Brain Injury
- Washington State Department of Health, Traumatic Brain Injuries
- Washington TBI Strategic Partnership Advisory Council, Statewide Plan, Report to the Legislature (Jan. 15, 2025)
- Washington State Department of Health, Student Head Injuries, Report to the Legislature (Oct. 2024)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.