A traumatic brain injury is a serious event that could require significant medical care and may cause permanent damage. Individuals who experience traumatic brain injuries may have difficulty maintaining their work routines and domestic responsibilities, and they are likely to face serious physical and emotional pain and accumulate medical bills for both immediate and long-term care.
With the help of a Phoenix traumatic brain injury lawyer, there is no need to suffer continuous financial distress in the aftermath of your incident. Once retained, a knowledgeable personal injury attorney could help you file a claim to pursue comprehensive financial compensation.
There is no single source of traumatic brain injuries, as these injuries can be caused in several different ways. In all cases, though, traumatic brain injuries involve an impact to the head and the interruption of normal cognitive processes.
A major source of serious brain injuries is traffic accidents. When individuals suffer high-speed collisions, and particularly head-on wrecks, the risk of head trauma is high. Likewise, pedestrians involved in traffic accidents have an extremely high risk of head trauma.
Falls can also cause traumatic brain injuries, especially when the impact is made on hard surfaces. Other common sources of traumatic brain injuries include sports-related impacts, criminal assaults, and workplace injuries.
In cases where a brain injury is caused by another person, claimants may be able to recover damages for both economic and noneconomic damages. Economic damages are those with a measurable dollar value and typically center around medical bills. Another applicable economic loss would be lost wages, which may apply if a claimant is unable to return to work or keep a job because of the trauma they suffered.
Non-economic damages may also apply to traumatic brain injury cases, especially loss of services and loss of consortium. When the personal life of an individual is altered, the person responsible for these emotional damages can be held accountable.
Punitive damages, also called exemplary damages, aim to punish the defendant for gross negligence. In most Arizona traumatic brain cases, the plaintiff would need to prove that the defendant acted intentionally when causing the injury, so these damages are usually very difficult to recover. A seasoned Phoenix traumatic brain injury attorney could help identify appropriate damages and fight for them in and out of court.
It is rare to see a case where the court determines the defendant is 100 percent responsible for all damages. Usually, the plaintiff may also be to blame for some aspects of the incident. Therefore, it is important for claimants to recognize that even in a successful civil suit, their monetary award may be reduced by their level of fault in the matter.
Per Arizona Revised Statutes §12-2505, claimants may still file suit when they were partially—or even primarily—at fault for the damages they experienced. Although the court is responsible for the final comparative negligence decision, a qualified traumatic brain injury lawyer in Phoenix could perform a comprehensive review of case documents to estimate a plaintiff’s applicable level of fault.
Traumatic brain injuries can have far-reaching impacts, and victims often require significant subsequent medical care, including expensive specialist appointments as well as MRI and CT scans. In addition to these medical expenses, you might be struggling with physical and emotional pain.
If your injuries were caused by another person, they could be held responsible for your damages. Contact a Phoenix traumatic brain injury lawyer today to learn more about your legal options.