Washington applies pure comparative negligence with a 3-year SOL. The state's non-economic cap was struck down in Sofie v. Fibreboard (1989) on jury-trial grounds and has not been re-imposed. For head & brain claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Washington's pure comparative negligence.
★ band · US federal frame
$500,000 – multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions
The US band is the starting point. Washington's fault rule and any applicable cap then adjust the figure.
★ WA · statute of limitations
3 years from date of injury
RCW § 4.16.080
★ WA · fault rule
Pure comparative negligence
Pure comparative negligence under RCW 4.22.005.
★ head & brain severity tiers · US frame
How the band stratifies.
The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. Washington courts apply the same tier structure, adjusted for state-specific factors.
Severity tier
Band
Basis
Concussion / mild TBI
$25,000 – $100,000
Reported decisions
Severe traumatic brain injury
$500,000 – multi-million
Catastrophic-case reported decisions
★ head & brain · neighbouring jurisdictions
Compare to neighbours.
How Washington's fault rule and limitation period compare to other US jurisdictions for head & brain claims.
Each answer is independently coherent and references the relevant statute or authority document.
How much is a head & brain claim worth in Washington?
Washington head & brain settlements track the federal US band of $500,000 – multi-million, adjusted for Washington's fault rule (pure comparative negligence) (no state-specific cap applies). The position within the band turns on severity, prognosis, recovery time, and the strength of the medical paper trail.
What fault rule applies to head & brain claims in Washington?
Pure comparative negligence. Pure comparative negligence under RCW 4.22.005.
What is the statute of limitations for head & brain claims in Washington?
3 years from date of injury. Source: RCW § 4.16.080. Filing after the period expires generally bars the claim absent a tolling exception.
Do Washington's damages caps reduce head & brain settlements?
Washington does not impose a state-specific cap on the standard heads of damage in head & brain cases. The band is constrained by jury verdict ranges and policy limits.
Does Washington require no-fault first-party recovery for auto-related head & brain claims?
No. Washington is a traditional tort jurisdiction; the at-fault driver's insurer is the primary source of recovery for auto-related head & brain claims.
Should I hire a Washington head & brain attorney?
For all but the most modest claims, yes. Washington's fault rule and caps materially affect the calculus, and adjusters value represented claims significantly higher. Most Washington personal injury attorneys work on contingency (33–40% typical), with no fee unless you recover.
Figures on this page are starting points: the US band adjusted for Washington's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Washington. See /methodology, /sources, and /disclaimer.