The brain controls both your actions and contains the memories and emotions that make you who you are. When this complex organ is damaged in an accident, the impact can be catastrophic. In severe cases, a traumatic brain injury (TBI) can even result in death.
If you or a loved one suffered a serious brain injury due to another person’s negligence, talk to a Phoenix traumatic brain injury lawyer at Elmm Law Group about whether you might be entitled to compensation. An experienced catastrophic injury attorney from our firm could fight to put things right and hold the responsible parties accountable.
A TBI is an injury to the brain caused by an external force. They can result from:
The results of TBIs can range from a simple concussion to death. Furthermore, depending on the affected area of the brain, TBIs can cause physical pain, cognitive impairments, memory loss, seizures, speech issues, sensory impairments, sleep disorders, behavioral issues, and more.
Our traumatic brain injury attorney in Phoenix knows how difficult it is to deal with the repercussions of a TBI. This is why we are committed to providing quality representation so that TBI victims can worry less and focus on healing.
TBIs due to negligence occur when a party fails to exercise the proper standard of care, resulting in injury. Multiple parties may be liable for a TBI if they all failed to exercise appropriate care under the circumstances. For example, if the drunk driver of a borrowed car strikes a pedestrian and gives them a TBI, both the driver and the owner of the car could potentially be liable for negligence.
A manufacturer could potentially be liable for a consumer’s TBI if a manufacturing defect led to the consumer hurting themselves. Even the injured party could be held partially responsible for their own TBI if, for example, they were jaywalking when they were struck by a car.
Importantly, under Arizona Revised Statutes § 12-2505, claimants may recover compensation even if they were partially at fault for their injury; however, the awarded amount will be reduced by the percentage of their fault. Additionally, A.R.S. §12-542 gives TBI victims or their loved ones two years from the date of the incident to file a negligence or wrongful death lawsuit. For a negligence suit, the two-year period starts on the date of injury, while for a wrongful death suit, it starts on the date of the decedent’s death.
If you live in Phoenix and have suffered a head injury that has affected your brain, a diligent attorney could analyze your specific case to determine the liable parties for your TBI claim. They may gather medical records, photographs, witness statements, and other evidence necessary to build as strong a case as possible.
Because TBIs can have so many detrimental effects, victims or their loved ones may recover monetary damages based on various grounds, including:
Punitive damages, which are extra monetary awards given to compensate the victim and punish the defendant for particularly reckless behavior, may also be available to victims of TBIs. Though they are rarely awarded in most personal injury lawsuits, courts may be more inclined to award punitive damages in TBI cases due to their severity.
A skilled lawyer in Phoenix could evaluate your case and determine the damages you should be awarded for your traumatic brain injury. They could also advise you on whether or not to seek punitive damages based on the facts of your case.
If you or a loved one has suffered a TBI as a result of another’s negligence, Elmm Law Group is here to help. Contact us to schedule a free consultation with a Phoenix traumatic brain injury lawyer today.
Given our firm specializes in and exclusively handles personal injury cases, we’re able to provide one-on-one Client-Attorney contact to ensure our clients feel heard. Also, we don’t get paid unless you do! Our team can provide multilingual services in English, Spanish, and Serbo-Croatian.
If you’ve been injured in a car crash, motorcycle wreck, pedestrian accident, trucking collision, or from a dog bite, call our Phoenix personal injury lawyer today for a FREE consultation. We’re available 24/7!
Take your first step towards speaking with our office by contacting us for a FREE consultation today. Call us at (480) 329-5084 or complete the form below. We look forward to evaluating your case!
