Arizona Brain Injury Lawyer

Head and brain injuries are serious conditions that can lead to life-altering results, ranging from temporary or permanent brain damage. Either of these outcomes can affect your:

• Cognitive function
• Motor skills
• Quality of life

While some brain injury victims recover with treatment and rehabilitation, others will face lasting issues that will require them to receive ongoing care. Maintenance may be challenging to undergo as it can take a toll on you both physically and mentally. Financial burdens may also be presented due to the costs of medical care you are receiving to treat your symptoms.

If your brain injury was caused by another individual or entity, you may be given the right to file a claim to secure compensation. At West Coast Trial Lawyers, our Arizona personal injury lawyers will help you through each stage of the legal process to make sure you get the justice you deserve.

We run on a contingency-fee basis, meaning that we only collect fees if we successfully settle your case. To schedule a FREE consultation, you can get in touch with us by calling (213) 927-3700 or completing our easy online contact form.

Most Common Causes of a Traumatic Brain Injury

 

A traumatic brain injury happens when external forces trigger brain damage. The outcome may result in minor to severe cases depending on the intensity of the impact. Some common causes of a TBI are listed in the sections below.

Motor Vehicle Collisions

A car accident often involves sudden impact, and this can, in certain cases, directly target the head. The outcome may result in:

• Concussions
• Skull fractures
• Diffuse Axonal Injury (DAI)
• Brain contusions

Severity will vary depending on what factors were involved in the crash, like whether any of the vehicles involved were speeding or if the occupants were wearing a seatbelt prior to the incident.

Fall Accidents

According to the Centers of Disease Control and Prevention (CDC), falls are the leading cause of TBIs. It has contributed to nearly half of TBI-related hospitalizations. Elderly individuals that are 65 and older are the most common age group to endure brain injuries as a result of a fall accident.

Sports Injuries

About 7 out of 10 emergency department visits for sports-related injuries involve TBIs and concussions. In this case, the most common brain injury patients are children 17 and under. Boys are more likely to be admitted than girls. But, girls have a higher chance at enduring a concussion in sports that incorporate similar rules, like soccer and basketball.

Violent Crimes

Individuals who commit violent crimes may be responsible for head injuries. For instance, a bump, blow, or jolt to the head by a gun or knife can result in severe traumatic brain injury, or even death.

Common TBI Symptoms

Common symptoms in a TBI will differ based on the intensity of the impact, and may range from mild, moderate, or severe. Let’s take a look at some potential symptoms that may arise in the sections below. 

Mild

Symptoms of a mild TBI will have unique challenges for each individual. The following are some typical reports of issues associated with such a condition:

• Headaches
• Vision issues
• Difficulty thinking
• Irregular sleeping schedule

Moderate or Severe

Moderate or severe damage will require extensive medical care to help with recovery. This is needed to maintain problems that may impact their quality of life, like:

• Memory loss
• Mood swings
• Problems concentrating
• Weakness in arms and legs
• Anxiety or depression
• Personality changes

What to Do After a Brain Injury

Experiencing a brain injury can be stressful, and knowing what to do after will be crucial for your recovery and overall well-being. Let’s take a look at what specific steps you should consider doing in the sections below.

Seek Medical Attention

Even if your symptoms appear mild, it is best to get yourself evaluated by medical experts as soon as possible to ensure your health and safety. One or more exams will be administered, and if any notable issues are found, they will diagnose your condition and provide a treatment plan to help with the healing process.

Reach Out to Local Authorities

If you have sustained a head injury soon after an accident, you should contact local authorities immediately. Police will arrive at the scene and conduct a written report. Paramedics will also be present to provide medical treatment to affected parties.

Document the Incident

If possible, try to gather the following evidence:

• Photos or video footage of your injury, damages, and where the incident occurred
• CCTV footage
• Witness statements
• A copy of the police report and your medical records

Contact an Arizona Brain Injury Lawyer

You should present your case to an experienced brain injury lawyer to help with the legal process. At West Coast Trial Lawyers, our Arizona team will:

• Take a look at the information provided
• Identify the at fault parties
• Negotiate with insurance companies
• Represent you in court, if needed
• Recover compensation to cover the losses you incurred

We will work diligently on your behalf to make sure you are satisfied with the results we deliver.

Who Is Liable in a Brain Injury Claim?

Liability in traumatic brain injury claims will be determined on an individual basis. Affected brain injury victims will need to demonstrate the elements of negligence to have a successful case:

• The defendant had a duty of care toward you
• The defendant failed to uphold their duties
• The defendant’s reckless behavior was the direct cause of your injury
• You suffered losses, like medical bills or emotional distress, due to the incident

Under Arizona’s pure comparative negligence law, all parties will be assessed to figure out the percentage of fault. Even if you were partially liable for the accident, you are still entitled to recover compensation. But, it will be reduced according to your level of negligence.

For instance, if total damages accumulated to $100,000 and you were 10 percent responsible, you will be given an estimate of $90,000.

Potential liable parties in brain injury cases will vary, and may include the following:

• Negligent drivers (car accidents)
• Property owners (premises liability)
• Manufacturers (product defects)
• Violent offenders
• Government entities

Available Compensation in Brain Injury Cases

Available compensation in brain injury cases will depend on what specific factors are involved in your case. The following will be considered when calculating and distributing pay:

• The severity of your brain injury
• Percentage of fault
• Current and future medical expenses
• Lost wages and earning capacity

To learn what you could be entitled to, you can use our personal injury settlement calculator by inputting the damages you suffered as a result of the accident.

Usually, economic damages and non-economic damages are awarded in personal injury claims.

Economic damages refer to financial losses, including medical bills and lost income. Non-economic damages are subjective, non-monetary losses that are difficult to measure in monetary terms, including:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Schedule a FREE Brain Injury Consultation with West Coast Trial Lawyers Today

Brain injury victims are entitled to pursue legal action to seek compensation. At West Coast Trial Lawyers, our Phoenix brain injury attorneys are readily available to offer the guidance and support you need to get you through your lawsuit. We will protect your rights and advocate on your behalf to get you the best outcome possible.

To schedule a FREE consultation with an expert phoenix brain injury lawyer, you can reach out to us by calling (213) 927-3700 or filling out our easy online contact form.

Traumatic Brain Injury FAQ

How Long Does it Take to Recover From a TBI?

The recovery time for a traumatic brain injury will depend on multiple factors, including:

• The extent of the injury
• Your overall health
• Success rate of medical care and rehabilitation

Mild cases, with proper care, will allow most individuals to get back to a state of normal within a few days or weeks after the incident. Moderate to severe circumstances may require specialized medical care after the injury. Noticeable improvements may take a few months to years, and long-term rehabilitation may be needed to maintain symptoms. A person’s life expectancy will also shorten by 9 years.

Can I File a Wrongful Death Claim for a Fatal Brain Injury?

If a loved one sustained a fatal brain injury due to someone else’s negligence, legal action can be taken against them to recover damages (ARS 12-611). Eligible family members that can file a wrongful death claim include (ARS 12-612):

• Surviving husband or wife
• Children
• Parent or guardian
• Personal representative of the deceased

What Is the Statute of Limitations on a TBI Lawsuit?

In Arizona, the statute of limitations to file a TBI lawsuit is two years from the date of when the incident occurred. Be sure to gather as much evidence as you can and seek the right Phoenix brain injury lawyer to represent you. 

You should have this done within a reasonable amount of time to prevent any delays. If you happen to exceed the limit, you will no longer be qualified to submit a brain injury claim against the responsible party.

However, some exceptions may affect the statute of limitations. For instance, if bodily harm was not immediately apparent, it will start on the date of when it was discovered or should have been discovered through reasonable diligence. Other factors that can affect the filing process include the following:

• The injured person was a minor or
• The victim is mentally incapacitated (ARS 12-502)