Traumatic Brain Injury Lawyers

A traumatic brain injury (TBI) is any type of disruption to normal brain function, typically caused by a bump, blow, jolt, or other trauma to the head. According to the U.S. Centers for Disease Control and Prevention, about 1.7 million people sustain a TBI each year in the U.S. and of those, 52,000 die due to their injuries. Some symptoms of TBI may appear immediately after an accident while other symptoms may not appear for days or weeks.

There are two forms of TBIs – an open head injury and a closed head injury. An open head injury occurs when an object pierces the skull, entering the brain and causing damage. A closed head injury occurs from blunt force trauma to the head. Due to sudden impact, the brain is slammed against the front, back, and sides of the skull resulting in injury. Closed and open head injuries can severely damage a person’s cognitive, neurological, emotional, physical, and mental functioning.

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No two brain injuries are the same, which makes it difficult for doctors to diagnose these injuries when they occur. If you are experiencing symptoms of a brain injury after an accident, it is important to seek medical attention at a nearby Phoenix hospital or speak with your doctor as soon as possible. A health care professional can help determine the severity of your brain injury by conducting a CT scan or MRI. If you wait to get checked out, the injury could cause significant damage and become more difficult to treat.

There are three different types of TBIs based on severity. These include:

Mild TBIs

A mild TBI may result in a brief change in mental status or consciousness if you lose consciousness for less than 30 minutes. A concussion is the mildest type. Symptoms associated with a mild TBI include:

Although this type of injury is considered relatively mild, it may still have a significant impact on your well-being. Symptoms could last for a year or more. If you suffer another brain injury while recovering from the first one, there is a higher risk that the second injury will be much more severe.

Mild TBIs are often the most overlooked because an MRI or CAT scan may appear normal, even though you still have cognitive problems like difficulty thinking or remembering things or suffering mood swings.

Moderate TBIs

Moderate TBIs may cause you to black out and lose consciousness after the initial trauma. You may experience more severe symptoms that can occur for several hours such as confusion and memory loss and problems with your motor responses. Other symptoms associated with a moderate TBI include:

A moderate TBI may appear within the first few hours to days after a head injury. These injuries can affect your ability to speak or think clearly, including Impaired depth perception and difficulty processing language. Unfortunately, these effects can also be long-lasting or permanent.

Severe TBIs

A severe TBI may result in an extended period of unconsciousness or amnesia after an injury. Loss of consciousness could last anywhere from a few minutes to several hours.

Other symptoms associated with a severe TBI include:

Not all signs and symptoms of TBIs are immediately noticeable. The range of injuries and degree of recovery can also vary on an individual basis. If you or someone you love has suffered a TBI, be sure to obtain immediate medical care after an accident to let a doctor document your injuries and provide you with a personalized treatment plan. TBIs left untreated can cause permanent brain damage or disability.

Once you are taken care of medically, contact a knowledgeable Phoenix traumatic brain injury attorney for legal help. He or she will understand the effects brain injuries can have on your physical and mental health. They can evaluate your case and determine an accurate estimate of the compensation you may be entitled to recover.

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TBIs are most often associated with vehicle-related accidents and falls. However, our firm is prepared to handle a variety of brain injury cases that are caused by the following:

Our Phoenix traumatic brain injury lawyers can help you build a strong case by gathering relevant evidence to build a case.

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To take legal action, you must prove that your injury was caused by someone else’s negligence. For example, if you suffered a TBI after a car accident, you must prove the other driver was careless. Sometimes accidents are caused by driving drunk or while distracted.

In other words, you must show the other party owed you a duty of care, breached this duty of care by failing to act as a reasonable person would, and this breach directly caused your injuries, which caused you to suffer damages, including things like medical bills and lost wages.

After determining the party or parties accountable for your TBI, the personal injury lawsuit process begins with filing a claim.

Arizona’s Statute of Limitations

A statute of limitations sets a specific time limit for filing a lawsuit in court. If you are pursuing damages for a TBI caused by another’s negligence, you must file your claim within Arizona’s two-year statute of limitations. The two-year deadline to file a TBI claim begins on the date in which the injury occurred. If you do not file a lawsuit within two years, you lose the right to do so.

However, there is an exception that extends the statute of limitations known as the rule of discovery. This rule dictates that if you were unaware of your injury, the statute of limitations will begin on the date in which you discovered or should have reasonably discovered your injury. You have two years from that date to file a lawsuit.

Process After Filing a Claim

After your claim is filed, the other party has 20 days from the filing date to respond. After the other party responds, both parties must file an initial disclosure statement, allowing each party to provide evidence and theories on what led to the accident.

Both parties may use depositions, requests for materials or documents, or requests for admissions and interrogators during the discovery process. This process can help each party strengthen his or her case. Once the discovery process is completed, a motion to set the case for trial will follow.

However, in Arizona, if the case is valued under $50,000, the case must go through arbitration before trial. Arbitration involves using a private and independent third party to resolve a dispute outside of court. If the case does continue forward, a judge or jury will review the facts, determine fault, and reward damages accordingly.

Filing a TBI lawsuit can be complex and overwhelming on your own. This is why you might need a qualified Phoenix personal injury attorney on your side with legal knowledge of Arizona law and practice handling different types of claims to help secure the compensation you deserve.

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Determining the value of your TBI claim largely depends on the damages you have suffered. Damages are different in every case, but may include things like:

Our traumatic brain injury lawyers in Phoenix are committed to fighting for victims whose lives have been drastically changed by significant head injuries.

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A TBI can happen to anyone at any time. If you have been in an accident that caused your brain injury, our Phoenix traumatic brain injury lawyers can help obtain the compensation and justice needed to begin your road to recovery.

At Phillips Law Group, we offer a free, no-obligation consultation. Our firm can review your claim, explain how we can help, and discuss the legal options that are available to hold a negligent party or parties responsible for your injury.

We handle all brain injury cases on contingency, so there is no need to worry about upfront costs. You do not pay us a thing unless we recover compensation for you.

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