Phoenix Brain Injury Attorneys Discuss How to Win an Injury Case with Brain Damage
Traumatic brain injuries (TBIs) are some of the most common — and most devastating — personal injuries. Each day in Arizona, people suffer head traumas involving brain damage.
According to data from the Centers for Disease Control and Prevention (CDC), more than 150 people in the United States suffer fatal TBI-related injuries annually. Those who survive their traumatic brain injuries often face long-term symptoms and health complications.
If you have suffered brain damage because of someone else’s negligence, consult with a traumatic brain injury attorney in Phoenix, AZ. Under Arizona state law, victims have the right to seek financial recovery for the losses from their injuries.
The Phoenix brain injury attorneys at Goodnow McKay understand how devastating TBIs can be. You should not bear the financial and emotional burdens from your TBI on your own. Reach out to a Phoenix brain injury attorney to pursue the resources and compensation that you are owed.
Below, we will discuss the requirements for winning an injury case involving brain damage. When you or someone you love has sustained head trauma through no fault of your own, you deserve representation from the best brain injury lawyers in Phoenix — the legal team at Goodnow McKay.
Traumatic Brain Injuries (TBIs)
Traumatic brain injuries typically happen as the result of head trauma. However, in some cases, victims can suffer from a TBI even if they do not sustain a blow to the head. Research from the CDC suggests that over 1.5 million Americans sustain brain injuries every year.
The two primary types of TBI are closed head injuries and open head injuries. Closed head injuries happen when the victim sustains a blunt force trauma, but the skull is not breached. Open head injuries occur when the skull bone around the brain is pierced or fractured.
TBIs are also classified according to their severity. They are classified into three categories:
Mild TBIs
Mild TBIs are brain injuries also referred to as “concussions.” Victims of a mild TBI do not lose consciousness for more than a few minutes. Oftentimes, someone who has suffered from a mild TBI will not lose consciousness at all.
This type of TBI requires a diagnosis from a healthcare professional. These injuries are often undetectable on medical scans. Common symptoms of mild TBI include:
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- Nausea
- Drowsiness and fatigue
- Sensitivity to sound and light
- Inability to sleep
- Dizziness
- Mood swings
- Depression and anxiety
- Blurred vision
Even though they are the least severe type of brain damage, mild TBIs can have long-lasting effects. Speak with brain injury lawyers in Phoenix if you believe you have sustained a concussion in an accident.
Moderate TBIs
This category of brain injury often results in the victim losing consciousness following their accident. Victims of moderate TBIs can suffer symptoms for many hours after the incident. The injured person may experience memory loss, confusion, or motor response deficiencies. Other common symptoms from moderate brain injuries include:
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- Continuous headaches
- Convulsions and seizures
- Slurred speech
- Significant mood swings
- Prolonged nausea
Moderate TBI can result in long-term health complications and difficulties for the victim. The Phoenix traumatic brain injury attorneys at Goodnow McKay have plenty of experience in securing compensation for the victims of moderate TBIs.
Severe TBIs
This type of traumatic brain injury is marked by extended periods of unconsciousness in the hours after the accident. Amnesia is also a common symptom of severe TBI. This type of brain injury results in many other severe symptoms, such as:
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- Pupil dilation
- Inability to walk or speak
- Loss of sight
- Severe tinnitus (ringing in the ears)
- Recurring seizures
- Loss of feeling in extremities
Severe TBI is incredibly difficult for victims and their families. Many of the common symptoms can be chronic. Sadly, severe traumatic brain injuries are often fatal. If someone you love has died as the result of a severe TBI, an accomplished Phoenix brain injury attorney can help.
How to Win Brain Injury Cases in Arizona
Proper documentation starting at the beginning of the case is imperative to winning.
An accomplished Phoenix brain injury attorney can build a powerful case for you. The plaintiff’s attorney must prove the following elements of negligence:
- Duty of Care. In Arizona, the plaintiff must show that the defendant had a duty of care. “Care” involves behaving in a reasonably safe and lawful manner. For instance, drivers have a duty of care to operate their vehicles safely and legally.
- Breach of Duty. A claimant needs to prove that the liable party failed to fulfill their duty of care. For instance, a driver might breach their duty by speeding or maneuvering in dangerous ways.
- Causation. The plaintiff needs to establish that the defendant’s negligent behavior was the direct and proximate cause of the accident or injuries. For example, another person’s careless driving may have been the reason for your car accident.
- Damages and Harm. Finally, the injured person must prove that the accident resulted in harm and damages. The courts will then determine the appropriate compensation for the specific damages suffered by the plaintiff.
Brain injuries are much tougher to prove and document than other types of injuries. Each person’s brain is different, and how long the damage will last varies dramatically. Additionally, many types of brain injuries do not show up on scans, and instead, must be proven with medical records and evaluations demonstrating the injury. Proper documentation starting at the beginning of the case is imperative to winning.
To secure financial recovery for the costs of your accident, speak with brain injury attorneys in Phoenix. Each brain injury case involves a unique set of facts and circumstances that will need to be taken into account.
Finding a Skilled Personal Injury Lawyer
It is important to find a personal injury lawyer who can collect relevant evidence and develop persuasive legal arguments for your case. The skilled legal professionals at Goodnow McKay have plenty of experience winning cases for brain injury victims. Get started today with a 100% free consultation.
