Phoenix, AZ Traumatic Brain Injury Lawyer

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.

What Makes Someone Legally Liable for a Traumatic Brain Injury?

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 “defendant” you are suing owed you, the “plaintiff” filing suit, a duty of care to act responsibly in specific ways under specific circumstances
• The defendant violated their duty through a specific irresponsible and/or illegal act
• That act was the main and direct—or, in legal terms, “proximate”—cause of an accident which likely would not have happened otherwise
• That accident was the main and direct cause of an injury—in this scenario, a TBI—which was severe enough to necessitate some form of professional medical

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.

Important Evidence for TBI Lawsuits in Phoenix, AZ

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.

Causes and Types of Brain Injuries

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:

Penetrating 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.

Closed Head Injuries

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:

• Primary Brain Damage
  • Skull fracture
  • Contusions (bruises)
  • Hematomas (blood clots)
  • Lacerations
  • Nerve damage

• Secondary Brain Damage
  • Brain edema (swelling)/li>
  • Increased pressure
  • Epilepsy
  • Intracranial infection
  • Fever
  • Hematoma (blood clots)
  • Low or high blood pressure
  • Lower sodium
  • Anemia
  • High or low carbon dioxide
  • Abnormal blood coagulation
  • Changes in heart rate
  • Changes in breathing

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.

Physical and Communication Problems After TBIs

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:

• Taking turns during conversations
• Staying on topic of conversations
• Using correct tone of voice
• Unable to determine subtleties of conversation
• Unable to recognize facial expressions or body language
• Keeping up with a fast paced conversation

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.

How Are Traumatic Brain Injuries Diagnosed?

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:

• Attention span
• Orientation
• Memory
• Concentration
• Language
• New learning
• Mathematical reasoning skills
• Special perception
• Organizational and abstract thinking skills
• Problem solving skills
• Social judgment skills
• Motor abilities
• Sensory awareness
• Emotional characteristics
• Psychological adjustments

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.

When Not Just Any Arizona Lawyer Will Do

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. 

Reasons People Consider Representing Themselves

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.

They cannot afford a lawyer

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:

• Fixed: Most fixed fee arrangements mean that the contracted law firm will charge a set price to handle your legal issues for a specific time. These fees might vary from client to client, based on how complex the project is and how long it might take to resolve.

• Flat: A flat fee usually refers to the cost of a single task. For example, an attorney might charge a certain price for preparing wills. Even if one person’s will takes 4 hours and another person’s takes 4 days, both clients will pay the same flat fee.

• Contingent: Contingency fees are based on the outcome of a legal case or settlement. Lawyers are paid a percentage of any damages they win for their clients, or they can set flat or fixed fees that are only collected after a successful verdict.

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.

They feel well-qualified

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:

• Pleadings: Filing formal complaints with the court and defendant
• Discovery: Gathering information about the case from each other or other involved parties, interviewing witnesses, researching applicable laws
• Pre-trial motions: Requesting the court to decide on specific issues before the trial starts and responding to motions made by the opposing party (e.g. motion to dismiss based on lack of evidence, motion to suppress evidence, motion for change of venue)
• Trial or arbitration: Presenting facts to a judge or jury, questioning witnesses, raising or responding to objections, getting a verdict
• Post-trial motions: In the case of an undesirable result, brain injury litigants can motion for a new trial if they meet eligibility requirements
• Appeals: Presenting evidence, such as errors, that affected the original verdict to try to overturn a decision

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.

They want to give it a try

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:

• How much your claim is worth
• Your probability of success
• Common pitfalls to avoid
• What evidence you need to prove your claim
• Deadlines that apply to your case

Call or fill out our Free Case Review form to schedule your risk-free case evaluation with a Phoenix, AZ TBI lawyer.

Advantages of Hiring Legal Counsel

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.

Help with tedious paperwork

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.

Teams to handle time-sensitive tasks

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.

Knowledge of all your alternatives

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.

Damages for TBI Claims

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:

• Medical costs – The costs of ongoing care and rehabilitation can be exorbitant over time, and for many, these costs will never stop. These costs can be recaptured in the form of damages.
• Lost income – Some who suffer from traumatic brain injuries are unable to work for extended periods of time, and some will never be able to hold gainful employment again. The loss of income can also be recaptured in the form of damages.
• Pain and suffering – Pain and suffering is a form of damages in Arizona that deals with the general lowering of the quality of life for someone who has been injured. When it comes to traumatic brain injuries, the loss of quality of life can be substantial and can be compensated for in the form of damages in an Arizona personal injury lawsuit.

A Phoenix, Arizona traumatic brain injury attorney can help you understand what damages you could be eligible to pursue.

Contact a Phoenix, Arizona TBI Attorney

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.