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Did you know that losing consciousness, even briefly, constitutes a traumatic brain injury? While this type of concussion and brain injury is considered mild, it’s still important for you to always get a full physical checkup if you experience a loss of consciousness and blackout.
The symptoms of a brain injury might not surface right away. The sometimes-delayed nature of this type of injury can result in severe, lasting consequences without the right type of treatment.
If you’ve recently experienced an accident and you suspect you could have a TBI, then you need to get in touch with a Phoenix brain injury lawyer immediately. Don’t let the fear of not having enough money keep you from getting the legal representation you need. Here at Kermani LLP, we won’t charge you until after you win your claim and get your settlement check.
Learn more about traumatic brain injuries, the symptoms you may experience, and how to handle the medical costs associated with your treatment below.
Brain Injury Laws in Arizona: Key Legal Insights
In Arizona, when one party’s negligence causes an accident that leads to your brain injury, you have the legal right to pursue a claim against that party for compensation to cover your losses. In general, another party will be considered negligent if:
- The other party had a legal duty to provide for your care.
- They failed to uphold that duty.
- The breach of duty caused the accident.
- The accident caused your brain injury and led to specific losses.
Another important law in Arizona is the statute of limitations, which limits the time period in which you can file a claim. In Arizona, you can only pursue a lawsuit for negligence in brain injury cases for up to two years after the date of the accident that caused the injury. Legal liability might be extended in very rare cases where the discovery rule would apply. This happens when the injury wasn’t reasonably discovered until a future date after the accident. In that type of scenario, the statute of limitations date would start on the day the injury was reasonably discovered.
If you need further TBI legal advice, then it’s a good idea to consult with an attorney who can analyze the specific facts of your case.
Symptoms of Traumatic Brain Injuries
Brain injury symptoms have a vast range. Mild cases can result in symptoms like headaches, sensitivity to loud noises and lights, anxiety, confusion, dizziness, balance problems, blurred vision, and fatigue. More severe cases result in dilated pupils, a loss of coordination, numbness in the extremities, changes in perception, memory problems, and more. The worst brain injuries can result in the individual going into a coma.
The long-term symptoms of a traumatic brain injury can include things like permanent changes in personality, problems with balance and coordination, difficulty thinking and understanding, learning problems, and feeling more emotional overall.
The Recovery Process: What to Expect After a Brain Injury
The brain damage recovery process is gradual and takes a significant amount of time. Depending on the severity of your injuries, you may require hospitalization, speech therapy, or physical therapy. You might need to devote a huge amount of time to re-learning life skills. In some cases, your recovery period could last for years as you work towards recovering from cognitive problems like memory loss, an inability to concentrate, or other difficulties.
How Do I Pay for Brain Injury Treatment and Recovery?
You will need immediate medical treatment for TBI injuries, and in the beginning, you may need to rely on your insurance policies or funds to cover the costs of your bills. While you may have the right to seek out a claim, settlements for brain injury lawsuits won’t be available right away.
If you truly do not have the means to cover your medical expenses, then it’s possible to locate a healthcare provider that will provide treatment on a medical lien. A medical lien allows you to get the medical treatment you need as you pursue your legal options. Your healthcare provider won’t get paid until you win your case. Not every doctor is willing to provide treatment on a lien basis. If you’re not sure where to turn, consider speaking with brain injury lawyers in your area who can connect you with the resources you need to get the medical help you deserve. A personal injury lawyer will not only help you find a treatment provider, but they can also help you determine if you have the basis for a claim. You will likely be able to pursue a claim for compensation if you sustained motor vehicle accident injuries or other injuries that arose due to someone else’s negligence.
How Much Can I Expect From a Brain Injury Lawsuit in Phoenix?
When you pursue traumatic brain injury compensation after an accident, your overall settlement award should be an accurate reflection of the actual losses you experienced after your crash. This compensation award should encompass all your economic and non-economic losses. The damages you pursue should cover things like your current and future medical bills, any lost wages you incur due to not being able to work, pain and suffering, mental distress, and potentially more. In general, the greater the impact of the TBI on quality of life, the higher your settlement award will be.
It can be very difficult to calculate the full extent of your losses, but experienced Phoenix brain injury lawyers can help you identify the losses you’ve incurred. Consulting with a Phoenix traumatic brain injury attorney is critical if you want to pursue non-economic damages since these losses are harder to prove and value.
Why Early Legal Intervention in Critical in Brain Injury Cases
Most of us think that a traumatic brain injury would be so severe that the consequences would be immediate, apparent, and severe. That’s not always the case, though. In many cases, cognitive, physical, and mental decline is delayed. The individual is most likely to attempt to continue operating as normal until the symptoms surface and cause a major problem.
Early intervention is key for brain injury cases for several reasons. For one, timely treatment prevents a secondary injury, which is very common when the individual keeps trying to live their lives as if nothing happened. For another reason, the brain is more likely to recover the damaged area when treatment and rehabilitation begin promptly.
Serving Phoenix and Surrounding Areas: We Are Here to Help
Our highly qualified team here at Kermani LLP has successfully handled over 2,500 claims. Over 100 of those personal injury lawsuits were taken to trial, so we’re confident in our ability to stand tough in court if the other party isn’t willing to negotiate fairly. You can check out our team’s past case results to see for yourself how we’ve helped other injured clients recover the funds they needed to move forward with their lives. Our most impressive win came in the form of a $51.3 million settlement award for a construction worker who suffered severe injuries at work.
We’re ready to bring that same level of commitment and passion to your claim. If you’re in Phoenix or a nearby area and you’ve suffered a brain injury, then it’s time to reach out to our brain injury attorneys in Phoenix.
Reach Out to a Trusted Brain Injury Lawyer in Phoenix
Experiencing a brain injury is life-altering, even if the symptoms are medically considered mild. Unfortunately, accidents that cause a TBI leave you more vulnerable to experiencing future brain injuries, personality changes, mood disturbances, and other health effects.
To ensure your legal rights are respected and you get any compensation you’re entitled to after your accident, it may be in your best interest to consult with an Arizona brain injury attorney about your options. Our reliable and trusted team here at Kermani LLP can help you.
Schedule a free case review now to get started on your potential case.
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Frequently Asked Questions
How do you prove negligence in a brain injury case?
To prove negligence in a brain injury case, you’ll need to collect evidence that demonstrates the other party had a legal duty to provide for the injured person’s care and failed to do so.
What is the long-term impact of brain injuries on my life?
A significant brain injury can have a massive long-term impact on a person’s life including changing the person’s personality and ability to manage their emotions. It can alter a person’s cognitive abilities and even their physical limitations. As an overview, the injury can impact the person’s ability to live independently, build and maintain relationships, and work.
How is a brain injury case different from other personal injury cases?
A traumatic brain injury case is much more complex than other personal injury cases, usually because the extent of the losses is more severe and the impact on the person’s overall quality of life is more significant in the long-term. A brain injury can cause permanent changes to a person’s personality and behavior.
What are the medical costs associated with treating a brain injury?
Brain injuries often require a long-term recovery, including medical costs that consist of initial emergency care, inpatient hospitalization, rehabilitation services, and potentially long-term care, too. The average cost of treating a brain injury usually exceeds $20,000 and can cost up to millions of dollars.
Can I receive compensation for the cognitive and emotional effects from a brain injury?
Yes, it’s a good idea to file compensation for both your economic and non-economic losses, like the cognitive and emotional effects that you experience as a result of your brain injury. This compensation could be considered economic if your losses prevent you from returning to work, and it can also be non-economic if you’re experiencing mental distress.
How can a brain injury lawyer help with my recovery and compensation?
The right brain injury lawyer will be your best legal advocate throughout the process and will help you by identifying your legal options, strengthening your claim, securing evidence, filing the right paperwork, and negotiating with the other party.
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