Headaches & Anxiety after a head injury

Yakima, WA Viewed 195 times. Posted 4 months ago in Personal Injury

In Oct '08, I was in an alleyway of a business getting cardboard boxes. I was struck in the head & shoulder by a board thrown from the roof of the business that overshot the debris dumpster.The area was yellow taped off & I was approx. 2 car lengths away.. I reported to the store manager & I was a mess. She gave me contact info of the roofing company to whom I e-mailed a report & photos to. I did not at that time see a Dr.. I knew I was going to be hurting for a couple/few days.The last few months I have been having long-lasting headaches in the area of the injury,along with anxiety attacks that I never experienced before... I never thought about the injury being a cause of these symptoms until talking with a friend who knew about what happened.. Can they still be held liable? - Is this your question? Add additional information

Answers (3)

Jeffrey Edward Burkhart

This attorney is licensed in Washington. Posted 4 months ago.

Your question is: Can they still be held liable?
The short answer is Yes. But, the more important answer is: it will probably be a very difficult case.
To establish a claim for a case like this, you will need to establish that there was a breach of the duty of reasonable care. In other words, was the worker so careless in tossing the board over the roof that it was a failure of common prudence? Crucially, the other necessary part of your claim is that you must prove that the breach caused you damages. In your case, it's gonna be tough. You didn't go to the doctor right away, so it will be hard to show that the board caused your problems. You can imagine that the defense attorney for the roofing company will say, "Sure, he's got headaches, who doesn't? And maybe he got a bump on the head when he was sleepwalking... we don't know."
In short, you could prove that the employee acted unreasonably, and you can prove that you have damages (headaches and anxiety) - but you will have a hard time proving that the employee's act *caused* your damages.

Lars A. Lundeen

This attorney is licensed in Florida and 1 other state. Posted 4 months ago.

As I am licensed in Florida and Vermont, I cannot offer you specific legal advice as to Washington state law. However, generally, the type of injury you describe may be a mild traumatic brain injury. You may wish to review some of the Legal Guides which I have published on Avvo.com, one of which addresses traumatic brain injuries.

If you have not done so already, you should consult with a personal injury attorney in your area. In order to prove up a case like this, you will need the assistance of a doctor like a neurologist who could state, within a reasonable degree of medical probability, that your injuries were, in fact, caused by the strike to your head. The fact that you have delayed seeing a doctor to this point is problematic, however, that delay can be overcome with the appropriate testimony from you and your doctor. A competent personal injury attorney could guide you on making a successful claim against the roofing company. In the interim, you should not give any statement to the adverse insurance carrier nor should you grant them access to your medical records without first consulting a personal injury attorney.

Michael J. Helfand

This attorney is licensed in Illinois. Posted 4 months ago.

First of all, make sure you get the medical attention you need. See a doctor about your headaches and anxiety. Then make an appointment to sit down with a personal injury attorney and discuss your case. Before you forget, write down everything you remember about the board hitting your head. Also make a timeline of your symptoms (when they started, how they progressed, etc.) This information will be useful to your attorney. I'm licensed in Illinois, but I can recommend a personal injury attorney near you who may be able to help. Feel free to contact me for a referral.

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