The human brain is an incomprehensibly complex organ that is extremely sensitive to the traumatic forces you might experience during a serious accident. Even a mild traumatic brain injury (TBI) can be expensive to treat and significantly interfere with your personal and professional life, and more severe damage may, unfortunately, cause permanent and debilitating harm.
Your number-one priority after sustaining any kind of injury to the head or neck in an accident should be seeking diagnosis and treatment from a qualified medical professional, and your second should be contacting a seasoned catastrophic injury attorney. You deserve financial restitution for any losses you suffer due to another person’s irresponsible behavior, and a dedicated Tolleson traumatic brain injury lawyer can play a vital role in ensuring the people responsible for injuring you are held liable for the consequences of their actions. The team at Phillips Law Group may be able to help.
Determining the Severity of Traumatic Brain Damage
One of the many ways in which the brain is unique compared to every other part of the body is how common it is for serious trauma to the brain to produce few — or no — obvious symptoms in the hours and even days after that trauma occurs. This trait is part of what makes TBIs uniquely dangerous since waiting until symptoms appear to seek medical treatment may mean that permanent and irreversible damage has already been done.
When it comes to seeking civil compensation for a traumatic brain injury caused by another person’s negligence, though, the important thing is not so much how “severe” the injury is in subjective terms but rather what specific physical, financial, and personal losses experienced by the injured person can be traced directly back to their TBI. In a typical claim, this means assigning fair financial values to and proactively demanding compensation for things like:
- Physical pain and discomfort
- Psychological and emotional suffering
- Lost ability to work or lost work income
- Lost overall quality of life, including lost consortium
- Bills for emergency medical treatment, as well as expected costs of future care like physical therapy and other rehabilitative treatments
- Out-of-pocket expenses for assistive equipment and other disability-related needs, plus personal property damage stemming from the accident that caused the TBI
A knowledgeable Tolleson TBI attorney can go into specific detail with you about potentially compensable losses during a private consultation.
Recovering for a TBI While Avoiding Comparative Fault
In legal and procedural terms, filing a suit over a TBI works the same as filing suit over any other type of injury in Arizona. Liability for the injury — and accordingly, for injury-related losses — will almost always center around the “negligence” of the person being sued, which means it will fall to the injured “plaintiff” to establish that a specific reckless or careless act by the “defendant” directly led to their injury.
However, it is also often important to be ready to contest allegations of “comparative fault” made against an injured person, meaning accusations by the defendant and their legal counsel or insurance company that the injured party played a role in causing their harm through their own negligence. As a traumatic brain injury lawyer in Tolleson could affirm, any finding of “comparative fault” along these lines could ultimately result in a significant reduction in value from whatever damage award the injured party ultimately receives.
Contact a Tolleson Traumatic Brain Injury Attorney Today
No one deserves to sustain any kind of brain trauma because of someone else’s misconduct, and certainly not a traumatic brain injury with irreversible and life-altering effects. When you or a family member have been forced into a situation like this, you have important legal rights that our experienced team could help you effectively enforce.
A Tolleson traumatic brain injury lawyer with decades of experience representing families in this community could be the ally you need to obtain the restitution you deserve. Call Phillips Law Group today for a free, confidential meeting to learn more today.
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