Brain Injury Attorney
Pursuing Justice For Brain Injury Victims In Southern Arizona
Traumatic brain injury, or TBI, most often occurs when the victim’s brain strikes the front or back of their skull following a forceful impact or abrupt reversal of momentum. Unlike many other physical injuries, traumatic brain injuries cannot always be immediately identified, making it necessary for accident victims to seek medical attention, even when obvious injuries do not immediately present themselves.
What Are the Symptoms of Brain Injuries?
Brain injuries can have very serious effects on the victim. Symptoms and conditions relating to brain injuries include:
- Memory loss
- Vertigo or dizziness
- Impaired cognitive function
- Paralysis or loss of motor function
- Blurred vision
This list of all the symptoms a traumatic brain injury can generate is not exhaustive. The human brain is highly complex, and even if two people suffer almost identical brain injuries, they could have dramatically different experiences. Some brain injury symptoms subside within a few weeks or months, but some brain injury victims experience symptoms for years or even for the rest of their lives. Many brain injuries qualify as catastrophic injuries that entail long-term or permanent disabilities.
It’s also possible for brain injury victims to develop permanent disabilities from these incidents. For example, memory loss may only last temporarily, or the victim may struggle with short-term memory loss for the rest of their life. It’s also possible to develop permanent sensory processing disorders, personality changes, and cognitive impairment from a traumatic brain injury.
It is very difficult to predict the long-term implications of a brain injury. Some people who suffer seemingly severe traumatic brain injuries appear to make full recoveries within a few months, whereas some people who seem to suffer only slight injuries experience lasting symptoms that interfere with their daily lives for years to come.
Are Symptoms Different in Children?
Children are much more vulnerable to traumatic brain injuries than adults, but children are also incredibly resilient and tend to heal faster from injury and illness faster than adults. Unfortunately, if a child sustains a severe brain injury, their symptoms could negatively impact their intellectual and social development. Additionally, brain injuries early in life can lead to permanent disability such as blindness, deafness, impaired language, memory problems, or sensory processing difficulties.
If your child has suffered a traumatic brain injury due to the negligence of any other party, they may experience the adverse effects of this injury for the rest of their lives. Their traumatic brain injury can hamper their intellectual and social development, diminish their quality of life, and create a significant responsibility for your family, who will need to provide daily care for them for the rest of their life. It is crucial for parents in this position to understand the value of reliable legal representation when they must fight for their child’s recovery and the compensation they need to secure the most comfortable and fulfilling future possible for them.
Do You Ever Fully Recover from a Traumatic Brain Injury?
The long-term prognosis for a traumatic brain injury typically hinges on two factors: the location of the injury and its severity. The location of the injury typically informs which neurological processes are most likely to change as a result of the damage, and the severity of the injury informs the degree of change the victim can expect.
Mild TBIs like concussions can heal within a few weeks or months; however, any brain damage leaves the victim more susceptible to future brain damage. For example, an individual who suffers a concussion, even a mild one, is more likely to suffer a concussion injury in the future.
If you or a loved one has sustained a traumatic brain injury due to another party’s actions or negligence, it is essential to secure copies of all documentation you receive from your medical care team. This includes the initial medical report immediately following the injury, the primary doctor’s prognosis, and reports from specialists who treat the victim. These medical documents will help the victim and their family ensure the most substantial recovery possible.
Does a Traumatic Brain Injury (TBI) Qualify as a Disability?
A traumatic brain injury does not itself qualify as a disability, but it is possible for a traumatic brain injury to directly cause a disability. For example, suppose the victim of a traumatic brain injury develops paralysis, significant intellectual impairment, or develops another permanent medical condition that interferes with their ability to work and live independently in the future. In that case, their condition may qualify them for disability benefits.
The main determining factor in whether a traumatic brain injury will qualify as a disability is if the victim experiences long-term physical complications due to the injury. Suppose the victim of a traumatic brain injury intends to seek disability benefits at the state and/or federal level. In that case, they must provide extensive documentation from their medical care team that proves the severity of their injury and the likelihood of the injury causing permanent damage.
How Long Does it Take for a Severe Brain Injury to Heal?
It is difficult to predict how long any traumatic brain injury will require to heal, especially a severe one. Typically, the victim of a traumatic brain injury will see the most medical improvement during the first six months of recovery. In some cases, this recovery period may be quite promising. In others, the victim may see little to no improvement or relief from their symptoms. Ultimately, victims of traumatic brain injuries should heed the recovery instructions provided by their care team as closely as possible.
Some traumatic brain injury victims experience medical difficulties due to their injury for years or the rest of their lives. In these situations, it’s possible for them to secure disability benefits and more expansive recovery from a brain injury lawsuit with a Phoenix brain injury lawyer’s help.
What Is the Average Payout for a Head Injury?
Brain injuries are some of the most severe injuries a person can suffer. Personal injury law allows an injured plaintiff to claim compensation for all damages resulting from a defendant’s negligence. If your loved one has suffered a traumatic brain injury due to another party’s negligence, it’s possible to claim compensation for all medical expenses resulting from the injury. This includes immediate expenses such as the cost of emergency department care and ambulance or airlift fees and long-term medical expenses for extended medical care the victim requires.
Due to the complex nature of most brain injuries, this may entail physical therapy, occupational therapy, speech and language therapy, cognitive behavioral therapy, and other long-term treatments. When the victim and their family consider the length of time these treatments will be necessary, it should be easy to see how substantial a brain injury’s economic impact is likely to be for the foreseeable future.
Brain injuries that prevent victims from returning to work will also increase the payout from a successful brain injury claim. For example, if a brain injury prevents the victim from working for six months, they have the right to claim lost income for the six months they could have spent working. If a brain injury causes a permanent disability that prevents the victim from ever working again, they can claim their lost earning potential in their brain injury claim. Additionally, if the victim will require constant in-home medical care and daily assistance with basic everyday tasks, they can claim these costs as well.
Pain and suffering compensation is another vital consideration in any brain injury case. Not only can a traumatic brain injury cause tremendous physical pain, but also intense psychological suffering, mainly when the victim develops a permanent disability or cognitive impairment from their injury. It is difficult to predict how much pain and suffering compensation a traumatic brain injury lawsuit is likely to yield.
Your Phoenix brain injury attorney will review your medical documentation from your injury and help you determine an appropriate amount to claim. Most attorneys will multiply their client’s claimed medical expenses by a factor of two to five depending on the severity of the injury or seek “per diem” pain and suffering compensation that provides a set amount per day until the victim reaches maximum medical improvement.
Ultimately, a brain injury case can result in substantial recovery for the victim and their family when they have reliable legal representation. If you or a loved one suffered a traumatic brain injury due to the negligent actions of another party in Phoenix, it is essential to secure legal counsel as soon as possible.
Why Do I Need a Phoenix Brain Injury Lawyer?
The victim of a brain injury may be unable to pursue a legal claim on their behalf, leaving the pursuit of recovery in the hands of their loved ones. The average person with no legal experience will likely encounter significant difficulty navigating the civil court system of Phoenix. Even an honest mistake in filing a personal injury case could lead to a judge throwing it out before it ever really starts. Even if you suffered a traumatic brain injury and feel capable enough of handling your case, it is unlikely you will meet the procedural and administrative demands of your case while recovering from your injury.
Your Phoenix brain injury attorney will handle your personal injury claim on your behalf so you and your family can focus on recovery. Brain injuries often entail devastating effects for victims and their loved ones, and you can have peace of mind during this difficult time knowing your case is in capable and trustworthy hands.
Another reason to hire a Phoenix brain injury lawyer to represent your case is the fact that your attorney will be able to accurately identify every available channel of compensation open in your case. The average person without legal representation risks settling for much less than they could secure with the help of a reliable legal team.
Brain Injuries and Wrongful Death
It is also possible for a brain injury to be fatal, either immediately or after an intensive attempt at recovery. When the victim of a traumatic brain injury succumbs to their injury, their loved ones can file a wrongful death claim against the party responsible for causing the damage. A wrongful death claim mirrors a personal injury claim in many ways, effectively replacing the personal injury claim they could have filed on the victim’s behalf had they survived.
Arizona state law allows the surviving spouse, child, parent, or another relative of the deceased to file a wrongful death claim on their behalf. If no such kin exists, a personal representative of the deceased’s estate may pursue a wrongful death claim, and if the deceased did not name a personal representative, any individual with a legal claim on the deceased’s estate might file a wrongful death claim instead.
Many of the same damages available in personal injury claims are available in wrongful death claims, including the victim’s medical expenses and the income they lost between their injury and the time of their death. However, Arizona law allows a wrongful death claim to compensate the deceased’s family for the lost future financial support the deceased would have provided had they survived, pain and suffering compensation for their loss of their loved one, and funeral and burial expenses.
Find Your Legal Team Today
A traumatic brain injury claim can help you and your family secure the financial recovery you deserve after another party has caused a traumatic brain injury through negligence or an intentional act of recklessness or violence. Luis P. Guerra, LLC can provide the legal counsel you need for an emotionally challenging case like a traumatic brain injury lawsuit.
Our Arizona personal injury attorneys leverage many years of experience to pursue compensation for brain injury victims who have been injured in a wide range of accidents, including:
With a mix of aggressive legal representation and compassionate client service, we work to obtain the compensation you deserve for your medical bills, lost wages, pain and suffering, and continued care stemming from your brain injury.
To help you obtain compensation for your losses, we will conduct a detailed investigation of your accident and the events leading to your injuries. Evidence and information demonstrating the negligence of a third party will then be used to pursue compensation during trial.
If you or a loved one has been injured in a dog bite incident in the Phoenix area, contact us online or call 602-737-3124 to schedule a free consultation to discuss your specific brain injury concerns with one of our experienced attorneys.