Have you suffered a traumatic brain injury in an accident in Phoenix, Arizona? Call Rack Law Accident Lawyers at (602) 661-6300 for a free consultation. Our experienced Phoenix brain injury lawyers can help you pursue a claim to recover the compensation you need to move forward with your life.
Rack Law Accident Lawyers fights for the best interests of injury victims and families in Phoenix in the wake of life-changing accidents. Backed by over four decades of combined legal experience, we stand up to powerful corporations and demand justice for our clients. The result: more than $200 million in settlements and jury awards.
We offer a free consultation, so contact our Phoenix law office to learn about how we can help you make the most of your brain injury case, too.
Why Choose Rack Law Accident Lawyers for Help After a TBI in Phoenix, AZ
When you’ve suffered a catastrophic injury, the consequences can be swift and devastating. The insurance company will add to the stress you’re under as it tries to stand between you and the compensation you deserve. Brain injury victims in Phoenix, AZ, turn to Rack Law Accident Lawyers for help during these trying times.
Our Phoenix personal injury lawyers bring experience, relationships with important experts and specialists, and a winning reputation to the negotiating table. We don’t just set the stage for success; we help our clients recover compensation that makes them whole and changes the course of their lives.
Focused on providing exceptional client service and delivering top-tier case results, we’re committed to having a positive impact on the lives of each and every person we represent.
Your brain injury is personal. You deserve to work with an attorney who’s going to take your fight for compensation personally, too. Contact our Phoenix personal injury attorneys today to discuss the details of your brain injury case during a free consultation. We’re here to help around the clock.
How Do I Recover Compensation for a Brain Injury After an Accident in Phoenix?
Brain injuries can happen whenever a person suffers a sudden and violent blow to the head. When the head is struck, it can cause the brain to move around rapidly, make contact with the hard bone of the skull, or twist, tear, or bleed. The result: changes in normal cognitive function that may or may not be permanent.
When you’ve suffered a brain injury in an accident in Phoenix because someone else was negligent, you may have the right to hold them financially responsible for your costs, losses, and suffering. You can recover compensation by filing a personal injury claim or lawsuit. As the plaintiff in a brain injury case, you generally have the burden of proving that another party – the defendant – was negligent.
Negligence involves showing:
- The defendant owed you a duty of care
- The defendant breached this duty of care by acting unreasonably under the circumstances
- If the defendant hadn’t acted the way they did, you likely would have avoided suffering a brain injury, and
- You’ve suffered damages.
The standard of proof in most brain injury cases is by a preponderance of the evidence. You need to show that your claim, as supported by evidence and facts, is more likely to be true than not. Evidence that can help you win your brain injury case might include medical records, the accident report, witness statements, expert testimony, forensic reports, property damage, and video footage.
Common Causes of Brain Injuries
Brain injuries – including concussions, hematomas, hemorrhages, encephalitis, skull fractures, diffuse axonal injuries, and coup-contrecoup brain injuries – are one of the most common injuries seen in accident victims in Phoenix and across the United States.
Often, brain injury victims come to Rack Law Accident Lawyers for help with cases involving:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accident
- E-scooter accidents
- Rideshare accidents
- Aviation accidents
- Bus accidents
- Train accidents
- Slip and fall accidents
- Construction accidents
- Workplace accidents
- Product liability
- Dog bites
- Assault
- Matters of premises liability
Experience can make all the difference when you’re facing a powerful insurance company. At Rack Law Accident Lawyers, we’re prepared to fight for the compensation you deserve after a preventable brain injury.
What Is My Brain Injury Case Worth?
Since everyone who suffers an injury to the brain has a different experience, no two claims are the same. Everyone faces unique challenges, costs, and complications during their respective recoveries. Claims are valued based on the unique situation and needs of the plaintiff.
Factors that might affect your case include:
- What type of brain injury have you suffered?
- Is your brain injury permanent?
- Has the brain injury adversely affected your ability to move, your senses, or other bodily functions?
- How long will you need medical treatment before you achieve maximum medical improvement?
- Will you need long-term care or assistance?
- Are you being blamed for the accident that caused your brain injury?
- Can you continue to work while you recover?
- How have your income and earning capacity been affected?
- How old are you?
- What insurance benefits are available?
The more severe a brain injury, the more a related claim for damages is likely to be worth. It’s important to be patient and wait to evaluate the full scope of your injury and the way it’ll impact your life for weeks, months, and years to come.
The minute you agree to settle, you give up the right to pursue additional compensation in the future. That’s what the insurance company wants, so the adjuster will push for a quick settlement so that you leave well-deserved (and much-needed) money on the negotiating table.
What Compensation Can Be Awarded to Phoenix Brain Injury Victims?
Through a brain injury lawsuit, you can request compensatory damages for your monetary losses and harder-to-value trauma and suffering.
Known as economic damages and non-economic damages, respectively, this can help you get money for:
- Current and future medical bills
- Lost wages and job benefits
- Disability
- Diminished earning capacity
- Out-of-pocket expenses
- Nursing assistance
- Property damage
- Pain and suffering
- Loss of consortium
- Reduced quality of life
- Emotional distress
- Post-traumatic stress disorder
- Chronic pain
Punitive damages can be awarded in limited situations, too. Under Arizona law, punitive damages may be awarded in a brain injury lawsuit when the plaintiff proves by clear and convincing evidence that the defendant acted with an “evil mind,” such as by intending to cause harm or consciously and deliberately disregarding a substantial risk of tremendous harm to others.
Can Shared Fault Affect My Arizona Brain Injury Settlement?
It can. Arizona’s pure comparative negligence rule provides that a plaintiff’s damages can be reduced if they share responsibility for an injury that they’ve suffered. Damages could be reduced proportionately to shared fault up to 99 percent.
If you suffer a brain injury in a Phoenix car accident and are assigned 15 percent of the blame for the crash, your financial recovery could be reduced by 15 percent. Expect the at-fault party’s insurance carrier to try to blame you – at least in part – for your recent brain injury.
Shifting liability can limit how much compensation they’ll have to pay when your case is resolved. Our brain injury attorneys in Phoenix can anticipate these tactics, gather evidence to protect you, and fight to recover the full value of your claim.
What Does It Cost To Pursue a Brain Injury Lawsuit?
Our Arizona brain injury lawyers in Phoenix help clients on a contingency fee basis. If you’ve suffered a brain injury, you don’t have to pay anything up front or out of pocket to hire our law firm. We’ll only recover a fee once we’ve won compensation for you.
Our fees are a pre-established percentage of your financial recovery. The fee varies, depending on how your case is resolved and whether it’s necessary to go to trial. We’re also reimbursed for the costs incurred to pursue your claim – like filing fees, expert witness fees, and other case-related costs.
If we don’t win compensation for your brain injury case, you pay no attorney fees.
How Long Do I Have To File a Brain Injury Lawsuit in Arizona?
Arizona’s two-year statute of limitations applies to most brain injury lawsuits. This gives you two years from the date you suffered a brain injury to file a personal injury claim for damages.
However, there are exceptions. Cases involving a government entity generally require you to serve a Notice of Claim within 180 days after the cause of action accrues. Certain claims involving dog bites may also be subject to a shorter one-year deadline.
Don’t wait too long to ask for help after an accident in Phoenix. If you miss the filing deadline that applies to your brain injury case, you could lose the right to demand compensation from a negligent party.
Schedule a Free Consultation With an Experienced Phoenix Brain Injury Lawyer
Don’t struggle with the costs and consequences of a brain injury in Phoenix, Arizona, alone. Someone else is responsible, and Rack Law Accident Lawyers can help you hold them accountable for your medical treatment, lost income, and suffering.
Working with our Phoenix brain injury attorneys sends a clear message to the insurance company: you won’t be pushed around or forced into an unfair result, and you’re willing to go the distance to get every cent you deserve.
We’ve helped clients in Arizona win over $200 million in personal injury settlements and jury awards. We can help you make the most of your brain injury lawsuit, too. Call our law office to get started with a free case review today.
