Scottsdale Brain Injury Lawyer
Brain Injury Lawyer Scottsdale AZ
A Scottsdale, AZ brain injury lawyer from Yearin Law Office knows that suffering a brain injury is difficult enough on its own. You have a lot on your plate after an accident and when that accident leads to a TBI, you will most likely be preoccupied with medical treatment. When it is at the fault of someone else’s negligence or intentional act, however, you may deserve compensation.
To make it more difficult, if you hear that your brain injury is irreversible, you may feel like there isn’t any hope. After all, it may feel like there is little that doctors can do for you. The truth is that there are probably treatments that can help you with your TBI. No matter whether or not your TBI is reversible, there are legal measures that you can take. Speak with our trusted brain injury lawyer Scottsdale, AZ residents rely on.
After you suffer a TBI, there is always hope. Even when there is irreversible damage you can still file a lawsuit and seek compensation. What matters when it comes to your brain injury is that you can prove that the injury occurred at the fault or negligence of another person or organization. To find out if you have a case, then you should consult with a brain injury lawyer in Scottsdale, AZ recommended by Yearin Law Office as soon as possible.
Table Of Contents
- 3 Common Causes of Traumatic Brain Injury
- How do you calculate damages for a brain injury?
- Scottsdale Brain Injury Law Infographic
- Reasons Why You Should Hire A Scottsdale Brain Injury Lawyer
- Scottsdale Brain Injury Law FAQs
- Scottsdale Brain Injury Law Statistics – 2023 update
- Yearin Law Office Scottsdale Brain Injury Lawyer
- Scottsdale Brain Injury Lawyer Google Review
- Contact Our Scottsdale Brain Injury Lawyer
3 Common Causes of Traumatic Brain Injury
There are two types of injuries to the brain. While both can cause serious damage, they have different causes. Acquired brain injury is nontraumatic in nature. It occurs due to factors such as tumors, stroke, or oxygen deprivation. Traumatic brain injuries occur due to sudden force. Acquired brain injuries could potentially result from the careless actions of others, while traumatic brain injuries may be inflicted on purpose. Despite this potential overlap, when most people talk about brain injuries from accidents, they are usually talking about traumatic brain injuries.
1. Shaking
Violent back-and-forth movement is not good for the brain at any age. However, it can be particularly dangerous in children under the age of 2 because they already have difficulty supporting their heads as their neck muscles are still developing. As a result of abusive shaking by a parent or caregiver, the brain can start bleeding, swelling, or become bruised. Possible long-term effects of shaken baby syndrome, as it is called, include cerebral palsy, seizures, and developmental delays.
2. Blunt Force
Blunt force is when the head makes forceful contact with an object that does not penetrate the skull. An injury involving blunt force can cause different types of damage. A contusion is bleeding or bruising of the brain. If the blood collects in the skull, it can stick together and form a hematoma, which is a mass of blood that can put pressure on the brain and typically has to be removed surgically. A concussion can impair the function of the brain. While this is usually temporary, a concussion may have long-term effects that can be serious.
While damage from a blunt force injury can be serious, it can also be difficult to identify. There is typically no bleeding open wound, and symptoms may take a while to develop. Blunt force injuries may result from the following:
- Motor vehicle accident
- Falls from height
- Contact with an object that falls
- Intentional blows to the head with a weapon or a person’s fists
3. Penetrating Injury
A penetrating injury is an open head wound caused by an object that penetrates the skull. It is in contrast to the closed head injuries that may result from blunt force. A foreign object that penetrates the skull may be something like a knife or a bullet from a gun. Potentially, any object that is sharp enough and has enough force behind it could cause a penetrating injury.
How do you calculate damages for a brain injury?
You may be wondering exactly how damages are determined when it comes to a brain injury claim and how your lawyer is going to calculate your damages. There are some methods for this that are easier than others since some of the monetary damages will be straightforward. When looking at the damages that you should fight for with your brain injury claim, your lawyer will look at both economic and non-economic damages.
Economic Damages
When it comes to economic damages, these are the types of damages that your lawyer will be able to calculate based on pretty specific numbers. It is paramount that when you plan to seek economic damages you keep all receipts and any bills that you get. For example, these damages may comprise of:
- Your medical expenses. You may have a wide range of medical expenses, including surgery after the accident, an extended hospital stay, medication, physical or speech therapy, an ambulance ride, or even expenses related to assisted living.
- Lost wages. When you are dealing with a brain injury, there is a chance you will no longer be able to return to work in the same capacity or even return to work at all. When this is the case you may be able to recover damages related to your lost wages and what you would have brought home to take care of yourself and your family.
- Property damage. If there was any property damage done during the accident that caused your brain injury, this is also something you could ask for in your claim. For example, if you were injured in a car accident and your vehicle was damaged or totaled, you could write this in.
Non-Economic Damages
Non-economic damages are typically harder to prove but that does not mean you will be left with nothing. Your lawyer can work to successfully argue for you to receive damages for:
- Mental anguish
- Pain and suffering
- Loss of enjoyment of life
- Loss of your ability to guide and care for your loved ones
- Loss of consortium
If your loved one passed away from a severe brain injury, a lawyer can also help to get damages for a wrongful death claim.
Arguing for these damages may be straightforward in some cases and might be more complicated in others. However, it is worth speaking with your lawyer candidly about the ways in which you are struggling after a brain injury so that they can understand which approach to take and know what kinds of damages you should be seeking with your claim. When someone else has injured you so severely that you feel as if you are no longer functioning in the same way that you used to, it may feel like a big piece of your life has been taken away. You should not have to struggle with this on your own and you should not feel like you need to submit a legal claim without the help of a respected lawyer you can rely on throughout the whole process.
Scottsdale Brain Injury Law Infographic
Reasons Why You Should Hire A Scottsdale Brain Injury Lawyer
If you have suffered a brain injury, you have already gone through so much. Don’t try to handle your legal claim against the negligent party on your own. These types of lawsuits are incredibly complex and require someone with knowledge and experience to navigate them. Here are several reasons why you should hire a brain injury lawyer in Scottsdale, AZ.
You Have A Lot at Stake
Suffering a brain injury can severely change your life. Even if the injury was moderate, you can expect to receive thousands upon thousands of dollars in medical bills. From surgery to rehabilitation, treating a brain injury costs a lot of money and you may be paying the medical bills for years.
If you’re unable to return to work because of the injury, you may have extreme difficulty paying these bills. That’s one of the most important reasons why you should have an experienced brain injury lawyer in Scottsdale, AZ on your side. He or she has handled cases like yours in the past and knows what it takes to have a successful claim. With a lawyer by your side, you have a better chance of getting your medical bills paid.
You Will Have Less Stress
Recovering from a brain injury can be very difficult. When you have the added stress of dealing with a lawsuit, your situation becomes even more overwhelming. If you hire a brain injury lawyer in Scottsdale, AZ, he or she will handle all the legwork for you. Instead of focusing on the lawsuit, you can concentrate on relaxing and taking care of your health. The sooner you recover, the sooner you can go back to living your normal life.
Proving Liability and Damages Isn’t Easy
Whether your brain injury was due to a fall or car accident, proving liability can be difficult. It can also be challenging to prove damages because the costs incurred by brain injury victims are so high. The insurance company may do whatever it can to avoid paying you what you deserve. A skilled brain injury lawyer in Scottsdale, AZ has experience negotiating with insurance companies and obtaining strong evidence, so it’s important to have one on your side.
You’ll Have Representation in Court
Lawyers try to settle brain injury cases out of court if it’s possible. However, if the insurance company isn’t willing to provide you with a fair settlement, it’s in your best interest to take your case to trial. That’s when it becomes extra important to have an experienced brain injury lawyer in Scottsdale, AZ on your side. Going into a courtroom can be very intimidating and it helps to have someone knowledgeable and experienced standing next to you. Your lawyer will try his or her hardest to prove the damages in court and help you obtain the compensation you deserve.
Scottsdale Brain Injury Law FAQs
What Are the Long-Term Effects of Brain Injury?
When it comes to brain injuries, the symptoms do not always disappear. Some injuries can be treated, but that isn’t the case for every TBI. Sometimes, TBIs can become worse over time. Not all brain injuries get better or can be treated extensively. You could suffer from the following:
- Permanent memory loss
- Loss of coordination
- Impaired speaking and language skills
- Paralysis and partial paralysis
- Loss of cognitive function
- Mood swings and behavioral changes
It can be difficult to hear that your brain injury may never heal entirely. Fortunately, there are rehabilitative treatments and medications that can help make your life easier. The truth is that your life can change entirely after a brain injury. You could lose your job, could lose physical function, and more.
What Is Compensation For?
A Scottsdale, AZ brain injury lawyer knows that compensation is not necessary for a cure for your injury. It is for the treatment of your injury. If your brain injury is irreversible, you can still seek compensation for the medical costs, pain and suffering, and more. If you lost wages or lost your position due to your brain injury, you can seek compensation for lost wages and for any training for a new job. You can even file for compensation that covers predicted future costs for your injury.
What is a traumatic brain injury (TBI)?
A traumatic brain injury (TBI) is an injury to the brain caused by an external force, such as a blow or jolt to the head, resulting in temporary or permanent impairment of cognitive, physical, and psychosocial functions.
What are the common causes of TBIs in Scottsdale, AZ?
Some common causes of TBIs include car accidents, motorcycle accidents, slip and fall accidents, workplace accidents, sports injuries, and acts of violence.
How do I know if I have a brain injury claim?
If you or a loved one has suffered a TBI due to someone else’s negligence or wrongdoing, you may have a claim for compensation. Consult with a qualified personal injury attorney who specializes in brain injury cases to discuss your situation and determine the viability of your claim.
What types of compensation can I seek in a brain injury claim?
Victims of TBIs may be entitled to various types of compensation, including medical expenses, lost wages, pain and suffering, emotional distress, loss of consortium, and other damages.
How long do I have to file a brain injury lawsuit in Arizona?
In Arizona, the statute of limitations for personal injury cases, including brain injury claims, is generally two years from the date of the injury. However, there may be exceptions depending on the specifics of your case. Consult with an attorney to understand the deadlines that apply to your claim.
What is the process for filing a brain injury lawsuit?
The process typically involves an initial consultation with an attorney, followed by an investigation to gather evidence supporting your claim. Your attorney will then file a complaint on your behalf, and the defendant will have an opportunity to respond. The case may proceed through pre-trial discovery, settlement negotiations, and possibly a trial if a settlement cannot be reached.
Can I still receive compensation if I was partially at fault for the accident that caused my brain injury?
Arizona follows a comparative negligence rule, which means that even if you are partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 30% at fault, you would only be able to recover 70% of the total damages awarded.
Scottsdale Brain Injury Law Statistics – 2023 update
According to the U.S. Centers for Disease Control and Prevention (CDC):
- TBIs contribute to about 30% of all injury-related deaths in the United States.
- Every day, 153 people in the United States die from injuries that include a TBI.
- Falls are the leading cause of TBIs, followed by motor vehicle accidents and being struck by or against an object.
- The highest rates of TBI-related emergency department visits, hospitalizations, and deaths occur among older adults aged 75 and older.
It is important to note that these statistics are not specific to Arizona, but they can give you an idea of the prevalence and seriousness of TBIs across the country.
Scottsdale Brain Injury Glossary
At Yearin Law Office, we understand the life-altering impact of traumatic brain injuries (TBI) on individuals and their families. Our Scottsdale, AZ brain injury attorneys are committed to helping clients navigate these challenging situations and pursue fair compensation. Below, we’ve provided detailed explanations of key legal terms that are often encountered in brain injury cases. These definitions aim to clarify the legal process and help you better understand your rights and options.
Traumatic Brain Injury (TBI)
A traumatic brain injury results from a sudden impact or jolt to the head that disrupts the brain’s normal function. TBIs can range from mild (like concussions) to severe (causing long-term or permanent disability). For instance, a car accident victim may experience a TBI that leads to memory loss or cognitive impairment. These injuries often form the foundation of legal claims, particularly when caused by someone else’s actions, such as reckless driving or workplace negligence.
TBIs are particularly complex because symptoms may not appear immediately. For example, a victim might seem fine immediately after an accident but develop headaches, confusion, or mood changes days later. These delayed effects can make it crucial to seek medical attention and legal advice promptly after an incident.
Concussion
A concussion is the most common type of TBI and occurs when the brain is jarred against the skull due to a sudden force. This may happen in slip-and-fall accidents, contact sports, or motor vehicle collisions. While many concussions resolve with proper care, some can lead to long-term problems such as chronic headaches or difficulty concentrating.
In legal cases, documenting a concussion and its effects is essential. For example, a person suffering from post-concussion syndrome, which involves ongoing symptoms such as dizziness or fatigue, might claim compensation for extended medical treatment and the inability to return to work.
Contusion
A brain contusion is bruising on the brain tissue caused by blunt force trauma. Unlike concussions, contusions often involve localized bleeding, which can lead to more serious complications like swelling or pressure within the skull. These injuries frequently occur in accidents such as vehicle crashes or falls from a significant height.
In legal claims, contusions are particularly significant when they require surgical intervention. For example, a person injured in a motorcycle accident might require a craniotomy to relieve pressure caused by a contusion, adding substantial medical costs and long-term implications to their claim.
Hematoma
A hematoma involves the pooling of blood outside blood vessels, often caused by severe head trauma. Subdural hematomas, which form between the brain and its outer protective layer, and epidural hematomas, which form between the skull and the outer brain membrane, can be life-threatening. These injuries may result from falls, assaults, or high-impact accidents.
For instance, a construction worker who falls from scaffolding may develop a subdural hematoma requiring immediate surgical treatment. Legal claims in such cases often address the cost of emergency care, long-term rehabilitation, and loss of income due to extended recovery periods.
Loss Of Consortium
Loss of consortium refers to the emotional, relational, and physical losses experienced by family members of an injured individual. When a TBI causes significant changes in a person’s ability to maintain relationships, their spouse, children, or parents may claim loss of consortium. For example, a spouse might seek compensation for the emotional toll of losing their partner’s companionship and support due to a severe TBI.
This type of claim acknowledges the ripple effects of brain injuries on families. For instance, a father who can no longer provide guidance to his children due to a TBI might prompt a consortium claim on behalf of his family, addressing the far-reaching impact of the injury.
If you or a loved one has experienced a traumatic brain injury, you don’t have to face this journey alone. At Yearin Law Office, we are here to provide the legal support and representation you need to seek justice and fair compensation. Contact us today to learn more about how we can assist you in moving forward after such a life-changing event.
Yearin Law Office Scottsdale Brain Injury Lawyer
8961 E. Bell Road, Suite 201 A, Scottsdale, AZ 85260
Scottsdale Brain Injury Lawyer Google Review
“Don Yearin was amazing. He was quick to respond to questions and honestly worked for my benefit. He was very efficient and explained everything to me so I always knew what was going on. I would highly recommend Don I never felt like he was rushing through my case. He gave great advice and made me feel like everything would turn out for the best.” – Edwina C.
Contact Our Scottsdale Brain Injury Lawyer
Life may never be the same for you after a traumatic brain injury, but it may be possible to hold the person responsible to account. Contact our office for assistance with a personal injury involving a TBI.
