A traumatic brain injury from an accident can be life-changing, causing a permanent disability and significant hardship for the victim and his or her loved ones. If you have suffered a traumatic brain injury caused by another’s negligence, you may be entitled to compensation.
Phillips Law Group’s Phoenix, AZ traumatic brain injury lawyers understand the difficulties brain injury victims suffer. We have helped obtain adequate compensation for many personal injury victims, including more than $7 million in damages for a client who suffered a brain injury after a motorcycle accident. We will not hesitate to pursue maximum compensation for your case.
No matter what type of injury you sustained in an accident or what circumstances that accident occurred under, seeking civil compensation afterwards for losses stemming from your injury will virtually always require you to prove “negligence” on someone else’s part. As a Phoenix, AZ traumatic brain injury (TBI) attorney can further explain, this specifically entails showing through a “preponderance of the evidence” that all the following conditions are met:
The nature of a duty of care can change a lot depending on the situation. For instance, the duty motor vehicle drivers have to obey traffic laws and pay attention behind the wheel is very different from the duty private property owners have to keep their land in reasonably safe condition for lawful visitors. Likewise, what constitutes a “breach of duty” serious enough to justify a lawsuit is not a purely objective matter, and what might be unreasonable under certain circumstances could be entirely rational under others.
On top of all that, establishing a causal relationship between a specific irresponsible act and a specific injury can be much more challenging in practice than many people expect. Put simply, support from a knowledgeable legal professional can be vital with every aspect of building a traumatic brain injury lawsuit under the legal theory of negligence.
The legal standard of “based on a preponderance of the evidence” applicable to personal injury claims in Arizona is less strict than the “beyond a reasonable doubt” standard applied to criminal cases. While this does mean it is somewhat easier for plaintiffs to achieve favorable results from civil lawsuits compared to prosecutors seeking criminal convictions, it does not mean that winning a personal injury claim is a simple process, nor does it mean traumatic brain injury cases in particular are not evidence-intensive, medically complex endeavors.
More so than in many other types of personal injury claims, successfully suing over a TBI will require extensive documentation and testimony from medical experts about the nature of your injury, its likely cause, and its expected short-term and long-term effects. You will also need copies of things like medical bills, pay stubs, and other quantitative documents to prove that you have sustained specific financial losses from a serious brain injury, as well as qualitative evidence like personal testimony and statements from family members or friends to support a claim for non-economic losses like physical pain and emotional distress.
Finally, you may need to structure your claim and the evidence you gather for it not only around proving someone else at fault for your TBI, but also to establish that you yourself were not to blame for causing your own injury through your own misconduct. Otherwise, Arizona state law would allow a court to assign you a percentage of “comparative fault” for your damages and reduce the value of your final damage award by that same percentage—an outcome which a skilled TBI lawyer in Phoenix, AZ can provide irreplaceable assistance with preventing in your situation.
The dedicated attorneys at our firm are prepared to help with brain injury cases caused by auto accidents, motorcycle collisions, bus or train accidents, truck accidents, construction accidents, medical malpractice, and more. Our Phoenix, Arizona traumatic brain injury attorneys can help obtain the compensation you need and the justice you deserve.
Currently in the United States, every 20 seconds someone is suffering from a traumatic brain injury, of which many of these people are involved in an automobile accident. There are two primary types of traumatic brain injuries:
These injuries are caused by a foreign object entering the brain and causing damage to specific area. As different areas are damaged, each person may experience different symptoms.
These injuries are caused by a blow to the head and are most common in automobile accidents. These injuries can cause two types of brain damage:
If you have been involved in an accident resulting in a traumatic brain injury, you may be entitled to compensation. At Philips Law Group we have years of knowledge and experience to put to use for you today. By completing and submitting the form on this page, you will be made eligible for a free case evaluation from our prestigious lawyers.
If you or someone you love is suffering from a traumatic brain injury, you may notice certain symptoms. Typically the physical symptoms associated with a traumatic brain injury include ringing of the ears, headaches, loss of hearing, seizures, nausea, dizziness, vomiting, low sense of taste or smell, blurred vision, and reduced strength and coordination. Unfortunately traumatic brain injuries can also cause many cognitive and communication problems as well. These problems may vary depending on the severity and location of the brain damage. Many TBI survivors have trouble expressing their ideas, so it may take a lot of effort for them to understand what is being spoken to them. It is also common for these people to have difficulty with communicating socially. Some common communication problems may include:
Individuals could seem like they are overreacting or emotionless during a conversation, which can be very frustrating to family and friends who know this person prior to the accident. At Philips Law Group we understand how frustrating this may be and offer our legal assistance in any way possible to help you in your time of need.
Severity of traumatic brain injuries is determined by a neuropsychological assessment. A neuropsychological assessment is a task oriented assessment that evaluates human brain behavior. This assessment evaluates both higher cognitive functions along with the basic sensory motor process. A neuropsychologist will review everything from case history to hospital records then interview the accident victim along with their family regarding what the individual was like before the injury. Testing for TBI typically includes evaluation of the following:
Once doctors have gathered the results from these tests they will determine the proper treatment plan for individual including therapy and support from family and friends. Family and friends should also be aware that these peoples abilities may remain unchanged depending on the severity of the brain injury.
Your choice of Phoenix, AZ attorney can greatly impact the outcome of your traumatic brain injury case. Traumatic brain injuries are devastating, and treatment, therapy, and nursing care often cost families millions over a lifetime. The attorneys of Phillips Law Group can seek compensation on your behalf for medical expenses, lost wages, and pain and suffering associated with your brain injury.
If we cannot handle your case for some reason, such as if you live outside of our jurisdiction or your issue relates to Social Security Disability, we can refer you to other excellent law firms in some instances. Your initial consultation is free, so do not hesitate to schedule your appointment with our caring lawyers as soon as possible. Our phone lines are open 24 hours a day to take your call.
People have likely asked this question since the beginning of the legal system: Do I need a lawyer? The answer depends on the complexity of the case, and some other crucial factors discussed below. If you decide to hire a lawyer, our team of attorneys can help you maximize your compensation. Your first consultation at Phillips Law Group is provided at no cost, so feel free to schedule your visit at your earliest convenience.
Taking legal actions in court without professional representation is called “pro se,” a Latin term meaning “for oneself.” People proceed pro se for various reasons, but let’s consider three of the most common.
Some unprincipled law firms charge unreasonably high fees. Even if the attorney fees are fair based on the time and labor spent, you might feel they are beyond your means. Additionally, you might find yourself at a financial low if your brain injury prevents you from earning a living. Yet, the type of fees your lawyer imposes can make all the difference. In general, there are 3 types of arrangements for payment:
Each law firm has its policies, so you will need to read the fine print of your contract to determine how it defines its fee structure. You will also need to know when you need to pay upfront, at the end of the job, or in periodic installments. Phillips & Associates work under a contingency, so our clients only owe legal fees if we recover compensation on their behalf. Otherwise, they pay nothing.
Many who represent themselves in court make similar statements: “Law is common sense. I can do my research. I trust no one as much as I trust myself.” Yet, some pro se litigants are surprised by the many steps of a court case. Court cases involve:
To represent yourself, you must know the federal and local laws that apply to your brain injury cases. In addition, almost every step of the judicial process has structure and regulations. If you make a mistake in court procedures, you might not have a chance to correct yourself. You could lose your case, forfeiting compensation you and your loved ones deserve.
Some people reason they can try to represent themselves; if things get complicated later, they can hire a lawyer. However, notice this quote from the United States District Court webpage: “In a civil case, you do not have a constitutional right to appointed counsel. Therefore, if you file a civil case pro se, you should be prepared to pursue it to completion on your own because the Court appoints counsel only under certain limited circumstances that may not be met by your case.” In other words, representing yourself is a commitment. If you realize the process is too complex for your level of expertise, it might be too late to save your case. At Phillips Law Group, we encourage potential clients to take advantage of our free consultations. You can acquire free legal advice that might be invaluable to your claim during your initial visit. For instance, you could learn:
Call or fill out our Free Case Review form to schedule your risk-free case evaluation with a Phoenix, AZ TBI lawyer.
Competent lawyers have a working knowledge of state laws and the rules that govern court processes. Their expertise can save you time, money, and frustration.
For brain injury victims or their legal representatives, filling out forms can seem like a never-ending project. You must read everything you get from the court clerk’s office and the opposing counsel. Legal documents are not written in everyday speech, so you need to learn what terms mean to understand what is expected of you. You could delay compensation for your medical bills and other expenses if you make a mistake. What’s worse, you could make an error that gives the wrong impression to an insurer or a judge. Either way, you could jeopardize your eligibility for collecting compensation.
Meeting deadlines is essential for brain injury lawsuits. For instance, if the statute of limitations set by your state runs out, you could lose your right to recover any compensation for your losses. Since lawyers work with a team of talented legal professionals familiar with the tasks, they can often work faster than someone learning as they go. They also know how to formally request extensions in writing if more time is necessary to build a case. Last but not least, attorneys understand the deadlines that apply to insurance companies. An aggressive lawyer can pressure insurers to ensure you get your money on time.
Is pursuing a lawsuit the only legal remedy open to you? You might have more options than you realize. If your brain injury happened due to someone else’s negligence, lawyers could help you pursue a lawsuit. Yet, in most cases, lawsuits are a last resort. Attorneys skilled in negotiation can often mediate a settlement for you without a court trial. Settlements come faster frequently and are generally less costly than court cases.
Unfortunately for those who suffer from traumatic brain injuries, most of these situations involve long-term medical care and rehabilitation. In short, there is no cure for brain damage, which means that people who suffer from these injuries will usually need to relearn the basic life skills that have been lost due to an injury that’s inflicted to that portion of the brain. While surgery is a possibility in some instances, many times a traumatic brain injury involves a portion of the brain that cannot be reached by surgeons.
Therefore, there are several forms of damages that could be sought and ultimately obtained by those who find themselves in this position. These damages could include:
A Phoenix, Arizona traumatic brain injury attorney can help you understand what damages you could be eligible to pursue.
Traumatic brain injuries can result in dozens of medical bills and typically require a lot of recovery time. If you or a loved one is suffering from a traumatic brain injury from an automobile accident, you could be entitled to compensation for medical expenses, lost wages, pain and suffering. Contact a Phoenix, AZ traumatic brain injury lawyer today to begin exploring your legal options. The team at Phillip Law Group have years of knowledge and experience to handle every type of automobile accident claims. To schedule your free case analysis, fill out the form on this page or give us a call at 602-222-2222 and get started today.
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