If you or a loved one experienced any kind of brain injury or brain damage due to another’s negligent actions, the Phoenix brain injury lawyers at Begam Marks & Traulsen, P.A. can help. Although the majority of brain injuries result in mild concussion, more severe injury can cause coma, amnesia, or even death. Serious brain injuries can impair and affect:
- Cognitive functioning, such as attention span and memory
- Motor function, including extremity weakness and impaired coordination and balance
- Sensations, including hearing, vision, perception, and touch
- Emotions, including depression, anxiety, aggression, impulse control and personality changes
- What Should I do After Sustaining a Brain Injury?
- Why Choose Begam Marks & Traulsen, P.A as Your Brain Injury Lawyers?
- Why do I Need a Phoenix Brain Injury Lawyer?
- What are the Common Causes of Brain Injuries?
- What are the Different Types of Brain Injuries?
- What are Symptoms of Brain Injuries?
- Recovery From a TBI
- Who Can Be Held Liable for a Brain Injury?
- What Should I Know Before Filing a TBI Lawsuit?
- How do I Seek Full Compensation for a Brain Injury Case?
- What Damages Are Available for a Brain Injury?
- We Take Brain Injury Cases to Trial
- Call Us to Find Out How We Can Help You and Your Family
What Should I do After Sustaining a Brain Injury?
If you were injured in an accident that caused head trauma, seek immediate medical attention. Symptoms of serious brain injury, such as headaches and memory loss, may not be noticeable for weeks or even months after an accident. Taking precautions can help minimize your chances of suffering from long-term side effects.
Keep copies of your medical records and start to build a file documenting your case. Whether you suffered your head injury in an auto accident or a slip and fall, collect information about the incident, such as photographs of the scene of the accident, police reports, accident reports, eyewitness statements, medical documents and letters from the insurance company. Gather as much information about the accident and brain injury as you can.
Next, contact a Phoenix personal injury lawyer. You may have grounds to file a traumatic brain injury lawsuit. A lawsuit could be the best way to receive fair financial recovery for your substantial losses. Bring your accident file to an attorney for a free review. The attorney should be able to tell you whether you have the elements of a claim, and if so, how much your damages could be worth. Speaking to a brain injury lawyer right away can help you meet important deadlines and take the first steps toward financial recovery in Arizona.
Why Choose Begam Marks & Traulsen, P.A as Your Brain Injury Lawyers?
- We know how to maximize your case results. We have collected hundreds of millions of dollars on behalf of clients in successful settlements, arbitration awards and jury verdicts. Our brain injury lawyers can go to trial if we know it is necessary for full compensation.
- We provide passionate client advocacy. Our lawyers have seen first-hand how catastrophically a brain injury can impact a client and his or her family. We are passionate about representing victims and fighting for justice.
- We take brain injury cases on a contingency fee basis. Our brain injury attorneys in Phoenix do not charge a penny for their services unless and until they win the case. You will only pay at the end of your claim, and only out of a compensatory award won. If your head injury lawyer does not win, you pay nothing.
Why do I Need a Phoenix Brain Injury Lawyer?
A brain injury can be physically, financially and emotionally devastating. If someone else’s negligence or intent to harm caused you or a loved one’s brain injury, we believe you should not have to pay. The at-fault party should be liable for your damages. Hiring an attorney makes it easier for you to identify the correct defendant and file your claim before Arizona’s deadline. It also gives you more power when going up against insurance companies and other defendants.
An insurance company will not want to maximize your payout. It will want to minimize it to save money. You may have to contend with an insurance claims adjuster offering you far less than the true value of your claim or denying your claim altogether. The best way to combat insurance bad faith practices is to hire an attorney. A brain injury lawyer in Phoenix will know how to negotiate with claims adjusters for a reasonable settlement.
If insurance settlement negotiations fail to achieve the desired results, a lawyer can help you bring your case to court. A trial may take longer to resolve than a settlement, but it could result in significantly more money for your damages. Having a lawyer represent you in court can strengthen your case and improve the odds of achieving a successful jury verdict. Your lawyer will take care of all the aspects of your brain injury claim while you focus on healing from your TBI.
What are the Common Causes of Brain Injuries?
At Begam Marks & Traulsen, P.A, we have helped victims after a wide range of accident types in Arizona. We know how to investigate, negotiate and litigate many practice areas within personal injury law, from auto accidents to premises liability. No matter what type of accident led to you or a loved one’s brain injury in Phoenix, we can help you with tasks such as identifying the defendant and filing your claim within the state’s deadline. Many circumstances could lead to a traumatic or acquired brain injury for a victim.
- Anesthesia error
- Assault or blow to the head (violence)
- Birth injury
- Gunshot wound or stabbing
- Medical malpractice
- Motor vehicle accident
- Slip, trip and fall accident
- Struck-by object
- Structural collapse
- Sports incident
- Unintentional drowning
The leading causes of brain injuries in the U.S. are falls, struck-by objects, car accidents and assaults. Most brain injuries are avoidable. They arise when one or more parties fail to meet the expected standards of care for the circumstances, leading to disasters such as falls or falling objects. Our lawyers can help you determine the exact cause of your brain injury through an investigation of your accident. Then, we can help you bring a claim against all possible defendants.
What are the Different Types of Brain Injuries?
The two main brain injury classifications are traumatic and acquired. Exterior trauma causes traumatic brain injuries (TBIs), while interior trauma causes acquired brain injuries (ABIs). Both types are serious and can be potentially fatal. TBIs often stem from blows to the head, such as during a car accident or a physical assault. ABIs may arise from lack of blood or oxygen to the brain, such as while drowning or suffocating. Within these two brain injury classifications are many different types of brain injuries.
- Anoxic/hypoxic brain injury. These injuries happen when the brain does not receive enough oxygen to keep its cells alive. Lack of oxygen can lead to brain cell damage or irreversible cell death.
- Concussion. A concussion describes a brain injury from a blow to the head. It is the most common type. Most concussions only cause temporary symptoms, but severe cases could lead to long-term effects.
- Contusion. A contusion refers to bleeding in the brain, or a bruise. Contusions are serious brain injuries that may require surgical intervention for treatment.
- Coup-contrecoup injury. A double brain injury in which one side suffers damage from the initial blow and the opposite side sustains an injury from the brain bouncing back and striking the other side of the skull.
- Diffuse axonal injury. This is a sheer injury, or an injury that damages brain cells without causing bleeding in the brain. An example is Shaken Baby Syndrome. It is a dangerous type of brain injury that can lead to permanent loss of function or death.
- Edema. Edema refers to swelling in the brain, which can prove fatal. Edemas often require surgeries to open the skull, so the brain has room to expand without pressing against the sides of the skull.
- Penetration injury. A brain injury that involves penetration could push fragments of skull bone into the brain, resulting in further or more serious injuries. Examples include gunshot wounds, stabbings or sharp objects piercing the skull.
Brain injuries can be either closed or open. A closed brain injury means the skull did not sustain a fracture, yet the brain still suffered damage. The skull may have rattled around in the skull and torn its stem, for example, or struck the inside of the skull hard enough to cause bleeding or swelling. An open brain injury involves a fractured or punctured skull. It can have additional complications such as the potential for infection. Mild traumatic brain injuries, such as minor concussions, are generally closed brain injuries, while a severe single event, such as a gunshot wound, is an open brain injury.
What are Symptoms of Brain Injuries?
The brain is an extremely complex organ. When it sustains an injury, the victim can experience a wide range of possible signs and symptoms. Symptoms can vary depending on a multitude of factors, including the patient’s age, the severity of the injury, the part of the brain injured and whether the patient has had a previous brain injury. If you notice any potential signs of a brain injury, go to a doctor right away. Prompt medical care can make an important difference to your prognosis.
- Confusion, memory loss or disorientation
- Nausea or vomiting
- Severe or persistent headaches
- Dizziness, blurred vision or vertigo
- Sensory changes, such as sense of smell or sensitivity to light
- Slurred speech or trouble swallowing
- Weakness, numbness or tingling in parts of the body
- Changes in mood or behavior
- Trouble falling asleep or excessive fatigue
- Clear fluids leaking from the nose or ears
- Loss of consciousness
- Seizures or convulsions
A brain injury can cause one, two or many of these symptoms. The most serious brain injuries can result in loss of consciousness for a long period or coma, as well as death. As someone with a potential brain injury, be alert for not just physical but emotional changes as well. Go to a doctor as soon as you suspect a brain injury. While some brain injuries will heal on their own, more serious cases require medical treatments. It is also important to get an official diagnosis if you plan on filing for compensation for your brain injury through an insurance company or the civil courts.
Recovery From a TBI
Some brain injuries heal on their own with a few months of rest, hydration and a healthy diet. In more serious TBI cases, however, it can take six months to two years for the patient to heal. Most patients see the greatest amount of improvement in the first six months, but steady healing can continue up to around two years. After this, the patient may see improvements more slowly, but can still see changes even years after the initial injury. The rate of recovery differs from patient to patient.
Severe TBIs may cause irreversible damages in some cases. The long-term effects of a serious TBI can include physical, cognitive and emotional challenges. The brain injury may impact the patient’s ability to function independently, requiring live-in care. It could affect memory, critical thinking skills, comprehension, communication, expression, motor function problems, mood and behavior, sensations, sight, balance, and many other aspects of a patient’s life. These patients may require lifelong rehabilitative therapies to try to improve their outcomes.
Who Can Be Held Liable for a Brain Injury?
Liability is someone’s legal responsibility to pay for another person’s damages. One person may be liable for another’s brain injury if that person reasonably should have prevented it but negligently failed to do so. If you believe someone else is liable for you or a loved one’s brain injury in Phoenix, speak to a lawyer about a possible lawsuit against that person. We can analyze the facts of your case to identify the appropriate defendant(s). If your brain injury would not have happened but for the actions or inactions of a person or entity, it could serve as the defendant in your case.
If you suffered your brain injury in a car accident, the at-fault driver may be liable for your damages. This might be true if the driver was guilty of drunk driving, texting and driving, distracted driving, speeding, breaking the law or another act of negligence or recklessness. Speak to a car accident lawyer in Phoenix to explore your legal options for compensation under Arizona law.
A brain injury at work may trace back to your boss. If you suffered an injury at a construction site when someone dropped a hammer on your head, for example, your employer could be responsible for failing to train employees in proper securement practices. Your employer will be vicariously liable for the actions of on-duty employees in most cases.
A Property Owner
If your brain injury arose because of a defective or dangerous property element, the owner could be responsible. If you slipped, fell and hit your head, for example, a slip and fall lawyer in Phoenix can help you hold the property owner accountable for failing to prevent or remedy the slippery floor. Ask a Phoenix premises liability attorney for assistance going up against the government if you were on public property when your injury occurred.
A Product Manufacturer
Defective and dangerous consumer products can cause brain injuries through accidental poisoning, blows to the head, explosions, electrical shocks and other hazards. If a defective product caused your brain injury, the manufacturer may owe you compensation, even if it was not negligent, through strict product liability laws.
A Health Care Provider
Medical malpractice can lead to a patient’s brain injury if a negligent surgeon, nurse, anesthesiologist or another practitioner makes a mistake that harms the patient. Either the health care provider or the facility could be liable for brain injury claims that involve malpractice.
In Arizona, multiple defendants could split fault among themselves for a single accident or injury. Arizona Revised Statute 12-2506 states that each defendant will be liable only for his or her percentage of fault, not for the entirety of the victim’s damages. If your lawyer names multiple defendants, therefore, each could owe you partial compensation for his or her contribution to your brain injury. Identifying multiple defendants can improve your odds of obtaining the full amount a judge or jury awards you.
What Should I Know Before Filing a TBI Lawsuit?
If you have sustained a serious TBI injury, there are a number of aspects to be considered. Considerations in seeking full compensation including the following:
- Understanding the full degree of the head injury. Some brain injuries that appear severe at first can completely heal. Others that may not appear to be as severe can, in fact, become worse and can have a permanent effect. Some permanent changes to a head injury victim include memory loss, personality changes, loss of mental abilities, and need for full-time medical care.
- Assessing the long-term medical treatment and care requirements needed. In severe TBI cases, medical care and treatment can be enormous, causing mounting medical bills and long-term medical expenses.
- Determining the full scope of lost wages. TBI injuries can often lead to substantial lost wages, particularly in the case of professionals who are no longer able to work in their chosen capacity.
- The full impact on the lifestyle of the injured and family members. Brain injury cases that result in significant impairment to lifestyle matters of a victim and his or her family deserve full compensation. It is our role to make the complete case of our clients. Doing so allows defendants and juries to appreciate the full impact of the head injury sustained.
How do I Seek Full Compensation for a Brain Injury Case?
We retain medical, vocational, accident, and other experts as needed to make the full case for our long-lasting TBI clients. Brain injury cases must be developed meticulously and painstakingly to demonstrate not only liability, but also the full impact on the brain injury victim and the victim’s family in order to obtain full compensation.
Defendants and their insurance companies who are often involved in TBI cases appreciate the sometimes enormous damages that are at stake. In most cases, they will fight vigorously to oppose liability and damages in seeking to minimize their exposure.
In some cases, after we have established a clear and convincing case of liability, they may be willing to make a settlement offer. It is critical to fully analyze settlement offers. Offers that may appear to be appropriate at first prove to be wholly inadequate when carefully considered in light of the care, treatment, and continued suffering, over the course of a lifetime.
What Damages Are Available for a Brain Injury?
The money you might receive from a TBI lawsuit could pay for you and your family’s related damages. In Arizona, the civil courts allow for the reimbursement of both economic and noneconomic damages during personal injury lawsuits. You or your attorney can fight for fair compensation to make up for all past and future losses associated with your brain injury. A fair compensatory award could help your family move on with more comfort and confidence.
- Medical costs. An award could reimburse you for all TBI-related medical expenses, including surgeries, rehabilitative therapies, hospital stays, tests, appointments with specialists, disability accommodations and long-term care.
- Lost wages and earning capacity. It can take weeks, months or years to recover from a brain injury. During this time, you may be unable to work in your previous capacity. You could be eligible to make up your past and future lost wages due to your TBI.
- Property damages. If the accident that caused the TBI also damaged your property, such as a totaled vehicle in a serious car crash, you could receive a monetary award to repair or replace the property.
- Psychological trauma. Damage to the brain can be significantly difficult to overcome. Symptoms such as memory loss and cognitive challenges can lead to long-term emotional, mental and psychological distress – all of which are compensable damages.
- Lost quality of life. If the brain injury caused a permanent disability, you could file a claim for lost quality or enjoyment of life. This could apply if your injury has made you miss out on things you used to enjoy, such as sports or playing with your kids.
- Loss of consortium. If your loved one suffered a permanently debilitating TBI, you could be eligible for damages for the loss of his or her support, care, companionship, society, advice and household services.
- Funeral and burial costs. In a brain injury wrongful death claim, your family may receive compensation to pay for the reasonable costs of a funeral and burial service. You may also receive compensation for lost benefits and inheritance. Speak with a wrongful death lawyer in Phoenix to learn more about filing a claim in Arizona.
In the past 15 years, the lawyers at Begam Marks & Traulsen, P.A. have recovered more than $178 million for injured accident victims in Arizona. This includes an $8.9 million award for one client’s permanent brain damage after a doctor failed to diagnose a heart condition. Although past results do not guarantee future ones, we have what it takes to get the best possible award for your brain injury claim. Contact us to discuss what your Phoenix TBI lawsuit might be worth.
We Take Brain Injury Cases to Trial
Insurance companies know we are not a law firm that seeks to settle brain injury cases prior to trial for inadequate compensation for our clients. Instead, they know that we can, and will, take our client’s case to trial if a fair settlement is not forthcoming. In our law firm’s fifty plus years of representing clients, our brain injury lawyers have achieved numerous significant settlements at trial when our opponents failed to offer a fair settlement.
Call Us to Find Out How We Can Help You and Your Family
We offer a free initial consultation, and there is no fee unless we recover compensation for you. Once we learn about your case, our personal injury lawyers can explain how we can help. Let us be the legal representation you case needs. Our Phoenix brain injury lawyers will explain all legal options that are available to you and your loved ones.