Phoenix Brain Injury Lawyers

Traumatic brain injuries (TBIs) from motor vehicle collisions and other types of accidents may have devastating, long-lasting effects on injured parties. TBIs may often leave individuals not only in physical pain but also unable to work or enjoy time with their loved ones. While a traumatic brain injury may occur in an instant, its impact may last for a lifetime, causing challenges that are often more severe than what most may anticipate. The ripple effect of such injuries may often extend into all aspects of life, affecting employment, relationships, and the overall quality of life.

It is important to work with a Phoenix brain injury attorney that has extensive experience representing clients in complex accident-related TBI cases.

What Defines a Traumatic Brain Injury and How Does it Affect a Person?

A traumatic brain injury may occur from penetration of brain tissue (also referred to as a penetrating or open TBI), a severe jolt of the body or head, or blunt force trauma to the head. TBIs range in severity and are classified as mild, moderate, and severe based on the Glasgow Coma Scale. A brain injury may result in various lasting consequences based on the type and severity of the TBI, initial treatment contact following the incident, and how the injured party responds to medical care.

What is Considered a Mild TBI?

Brain injuries may lead to a myriad of symptoms based on the severity of the injury. It is important to understand that TBI-related symptoms may not immediately present themselves following an accident. In most cases, symptoms may not manifest until hours or even days following the incident. Furthermore, the memory problems and confusion related to a TBI may make it challenging for an injured party to realize that something is even wrong.

Symptoms of a mild traumatic brain injury may include:

• Blurred vision
• Lightheadedness
• Light or sound sensitivity
• Tinnitus, or ringing in the ears
• Changes in behavior or mood
• Bad taste in the mouth that is often described as metallic
• Difficulty with attention, concentration, thinking, or memory

What are the Symptoms of a Moderate or Severe Brain Injury?

Aside from experiencing the symptoms of a mild TBI, an individual with a moderate or severe traumatic brain injury may experience the following:

• Seizures or convulsions
• Vision loss in one or both of the eyes
• Ongoing nausea or repeated vomiting
• Increased agitation, restlessness, or confusion
• Tingling or numbness in the upper or lower extremities
• Loss of consciousness that may last several minutes to hours

Why is Treatment Important in a Head Trauma Accident Case?

Prompt treatment and evaluation is essential in a personal injury case. Medical records serve as evidence to establish the severity of accident-related injuries, causation, and the damages incurred. The purpose of immediate medical care is to prove a direct link between the injuries and the accident in question. Without medical records, it may be challenging to hold the other side accountable for the incident and the resulting losses.

Consequences of Delayed Medical Care in a Brain Injury Case

When there is a gap in treatment from the date of the incident, the insurance company and defense counsel may argue that reported injuries are unrelated to the incident or were pre-existing. Medical records can counter such arguments by establishing patient medical history before and after the crash. Comprehensive and well-documented medical records may also help build credibility as a claimant, which can go far in building a strong case for the best possible outcome.

National Statistics on Traumatic Brain Injuries

Brain injuries are common in the United States. According to a report by the Centers for Disease Control and Prevention (CDC):

• Over 69,000 deaths resulted from traumatic brain injuries in the United States in 2021, representing approximately 190 deaths per day
• Around 5.3 million individuals in the United States live with a TBI-related disability, accounting for one in every 60 Americans
• Nearly 80 percent or 1.37 million patients receive treatment and are released from emergency departments because of a TBI

What Damages Can Be Recovered in a Personal Injury Case for a TBI?

An individual who sustains a TBI in an accident in Phoenix or elsewhere in Arizona may file a bodily injury claim against the party who caused the incident. The claimant may seek compensation for damages, including:

• Past, current, and future costs of medical treatment for injuries related to the accident
• Lost wages and future lost earnings for the temporary or permanent inability to work because of injuries sustained in the crash
• Pain and suffering, loss of consortium, loss of enjoyment of life, and other non-economic damages associated with accident-related injuries

If it turns out that the opposing party has limited to no liability coverage, uninsured and underinsured motorist coverage may kick in. For more details, contact an experienced Phoenix brain injury attorney from our law firm. We offer free consultations anytime.

What is the Statute of Limitations for an Injury Case in AZ?

In the state of Arizona, there is a two-year statute of limitations. This means that a settlement must be reached in the claim within two years of the incident date, or a lawsuit must be filed against the negligent party to protect the statute. Depending on the circumstances of the case, specific exceptions may apply. For more information and to discuss your potential TBI case in further detail, contact an experienced personal injury attorney serving Phoenix.

Why are Traumatic Brain Injuries from Accidents Difficult to Prove?

In personal injury cases involving TBIs, common issues often surround the nature, extent, and duration of the plaintiff’s head trauma. The question of damages in an accident case involving a traumatic brain injury is often subject to dispute and litigation. Given that TBIs can be challenging to diagnose, it can be a challenging task to argue such cases, particularly when difficult insurance companies are involved.

At Southwest Injury Law, we have extensive experience in these cases and a track record of success. We work with experts such as life care planners, economists, and medical professionals with backgrounds in neuropsychology, neuropsychiatry, and neurology who can provide a comprehensive breakdown on the long-term costs of a TBI based on their specialized knowledge and training. Expert witness testimony is often necessary to build a strong brain injury case.

Things to Consider When Choosing a Brain Injury Attorney in Phoenix

A personal injury lawyer must be well-versed in the many types of brain injuries, symptoms, treatment options, and the client’s needs for long-term care. This knowledge of complex accident cases involving head trauma is only learned by working with clients and loved ones of clients as the effects of TBIs are unique and vary from case to case. Our Phoenix brain injury lawyers have gained important legal and medical knowledge from having handled many accident cases involving TBIs.

How an Accident Attorney Can Support an Individual with a TBI

When you work with our legal team at Southwest Injury Law, you can depend on us to handle the following in your personal injury case:

• Protect your rights and interests at every stage of the legal process
• Conduct an in-depth investigation into the incident to establish liability and causation
• Negotiate with the insurer for a mutual settlement agreement that adequately compensates you
• Work with experts who can provide testimony on accident causation and the fair and reasonable value of damages
• If a settlement is not reached with the insurance carrier, we will file the case in civil court to protect the statute of limitations

Speak with an experienced attorney from Southwest Injury Law today. We offer free case reviews at our Phoenix office.

Book a Free Consultation with a Phoenix Brain Injury Lawyer

A TBI from an accident may often mean a long road to recovery. At Southwest Injury Law, we understand the emotional, physical, and financial consequences of a brain injury. When you work with our law firm, we will work diligently to ensure that you receive maximum compensation for your losses. After a serious accident, you need an experienced Phoenix brain injury attorney to protect your rights. Book a free consultation at (602) 777-3300.