(435) 767-7777Phoenix Brain Injury Lawyer
Have you or a loved one suffered a severe or traumatic brain injury as a result of circumstances that unfolded in or around Phoenix? If so, know that you do not have to navigate the aftermath of your situation alone. Qualified legal assistance is just a phone call away.
Traumatic brain injuries occur much more frequently than you might think. According to the Centers for Disease Control (CDC), more than 64,000 Americans died due to traumatic brain injuries (TBI) nationwide over the course of one recent year. Additional CDC research indicates that nearly 224,000 Americans were hospitalized for TBIs during another recent year.
Becauhttps://www.cdc.gov/index.htmlse the brain is responsible for communicating with the human body’s many systems, damage to the head is severe enough to warrant hospitalization and can have a significant, lasting, and potentially life-altering impact on a TBI victim’s life and livelihood.
The Phoenix brain injury lawyers at Swenson & Shelley can help if you’ve suffered a traumatic brain injury. Our brain injury attorneys have decades of experience helping TBI victims seek fair compensation for injuries caused by the actions or inactions of others. No matter how you were injured, a brain injury attorney at our firm can review your options with you and clarify your rights under the law.
We don’t charge our clients any attorney fees unless we recover compensation for their injuries. You have nothing to lose by scheduling a risk-free consultation with our team except an hour or two of your time. Contact us today to learn more about our services.
Common Causes of Brain Injuries in Phoenix
A brain injury can occur anytime someone sustains a hard blow to the head. Some of the more common causes of brain injuries involve a head injury from:
- Truck accidents — Any motor vehicle accident can cause a brain injury, but truck crashes are among the most likely to cause brain injuries. Trucks are much heavier than cars and ride higher, which means that they hit harder than cars. The force generated by a large commercial truck wreck can be catastrophic.
- Car accidents — Car accidents cause roughly 25 percent of all TBI-related hospitalizations nationwide, according to information from the CDC. Car accidents can cause brain injuries even when impacts occur at low speeds. Victims can hit their head on a window, the side of the vehicle, the steering wheel, the dashboard, or a headrest. Car accidents can also cause brain injuries when a foreign object penetrates a victim’s skull.
- Motorcycle accidents — Motorcycle riders are more exposed than people traveling in cars or trucks, so they bear comparatively more force when a crash occurs. Therefore, they are more likely to sustain a brain injury than most accident victims. Many motorcycle accident victims suffer brain injuries after being ejected from their bikes and landing hard on the ground.
- Bus accidents — Many buses lack seat belts, airbags, and other safety features that protect occupants in passenger vehicle crashes. When a bus collision occurs, anyone inside the bus is at an increased risk of a traumatic brain injury because of these factors.
- Rideshare accidents — As rideshare apps like Uber and Lyft have become more popular in Arizona, the number of accidents involving rideshare vehicles has also spiked. If your TBI was sustained while you were driving a rideshare vehicle or riding in one, you could be owed compensation.
- Bicycle accidents — Cyclists often sustain traumatic brain injuries when a vehicle strikes them. Unfortunately, many drivers don’t watch for cyclists when approaching a crosswalk or intersection because they’re tired, distracted, or impaired. This puts cyclists at risk of sustaining severe injuries, especially when they’re traveling at night.
- Pedestrian accidents — Pedestrians often suffer brain injuries when they’re struck while crossing the street. Pedestrian accidents are more common at night, and there’s an increased chance of a crash if a driver is impaired, fatigued, or distracted.
- Slip-and-falls — Falls account for a little less than half of all TBI-related hospitalizations across the U.S., according to CDC data. Even seemingly minor falls can cause internal bleeding or put pressure on the brain.
What Are the Symptoms of a Traumatic Brain Injury?
Some of the most common symptoms of a traumatic brain injury include:
- Mild brain injuries
- Dizziness
- Loss of balance or coordination
- Headaches
- Nausea or vomiting
- Difficulty speaking
- Sensitivity to sound or light
- Changes to your senses (blurry vision, ringing in your ears, loss of sense of smell, bad taste in your mouth, etc.)
- Insomnia
- Difficulty focusing
- Loss of consciousness for a few seconds or minutes
- Moderate to severe brain injuries
- Persistent or worsening headaches
- Ongoing nausea or repeated vomiting
- Convulsions or seizures
- Drainage of clear fluid from the nose or ears
- Dilated pupils in one or both eyes
- Weakness or numbness in toes or fingers
- Confusion or disorientation
- Slurred speech
- Changes in mood or behavior, possibly manifested as restlessness or aggression.
- Inability to awaken from sleep
- Coma
Common Brain Injury Cases That Our Firm Handles
Some of the common types of brain injuries we see at Swenson & Shelley include:
- Concussions — Bruises formed when the brain crashes into the inside of the skull
- Hemorrhages — Internal bleeding in the brain due to a hard blow to the head
- Hematomas — Internal bleeding in the brain due to a burst blood vessel
- Edema — Pressure on the brain due to a skull fracture
- Skull fractures — Fragments of the skull can splinter and penetrate the brain, leading to blood loss and other damage
- Penetration injuries — When an external object pierces the skull
- Shear injuries — When the brain is shaken or experiences a severe, sharp rotation
- Coup-contrecoup injuries — When the brain moves inside the skull and sustains multiple blows in a short period
What Treatment Is Available for Traumatic Brain Injuries?
Some potential treatment options for traumatic brain injuries include:
- Surgery to remove objects embedded in the brain or relieve pressure on the skull
- Anti-seizure medications to prevent additional injuries
- A ventilator or feeding tube to assist with breathing and obtaining necessary nutrients
- Medications for managing pain, preventing infections, keeping blood pressure low, and other conditions
- Physical or occupational therapy to help patients with mobility challenges and other physical limitations caused by their injuries
How a Brain Injury Can Forever Change an Accident Victim’s Life
Due to the severity of many brain injuries, treatment cannot fully repair the damage done by the original trauma. Brain injury victims are often left grappling with long-term challenges related to their underlying injuries. Depending on the severity of the brain injury patients have, these challenges may include loss of mobility or other bodily functions, memory problems, and changes to the victim’s personality.
Brain injury victims also frequently require medical care for the rest of their lives, which is one reason why it’s so important to seek compensation after sustaining a brain injury. The costs associated with future medical bills along with recovering from a TBI can otherwise break a family’s budget.
Can You File a Personal Injury Lawsuit After a Brain Injury?
To file a successful case for a lawsuit after sustaining a brain injury, your injury must have been caused by someone else’s negligence, recklessness, or intentionally harmful conduct. In legal terms, a brain injury claim for negligence occurs when a person, business, or other entity had a legal responsibility to avoid injury risk by taking reasonable precautions, but they failed in these obligations.
If you can prove that your brain injury was due to someone else’s negligent, reckless, or intentionally harmful conduct, you can demand compensation for your injuries.
How a Phoenix Brain Injury Attorney Can Help
Our firm strongly recommends that you seek help from an injury attorney if you’ve sustained a severe brain injury. Navigating a significant brain injury legal battle is a massive undertaking. Our firm can take on much of the work for you so that you can focus on healing.
Here are a few ways the Phoenix brain injury attorneys at Swenson & Shelley can help with your case:
- Investigating the accident to determine if you have a viable claim
- Finding evidence to support your case and documenting all the losses you’ve suffered
- Helping you find the right doctors and other specialists to help you recover as fully and as quickly as possible
- Filing your claim and managing all necessary paperwork
- Dealing with insurance companies
- Negotiating for a fair settlement
- Bringing your case to trial and representing you in court, if necessary
Pursuing Full Compensation for a Brain Injury
Traumatic brain injury victims often suffer intense pain, the loss of crucial bodily functions, and costly medical bills. By filing a personal injury lawsuit against the party that caused your injury, you could potentially claim compensation for:
- Medical bills
- Pain and suffering
- Emotional distress
- Lost wages
- Reduced future earning potential
Arizona Statute of Limitations for Brain Injury Lawsuits
TBI victims typically have up to two years from the date that a brain injury occurs to file a personal injury lawsuit. If you miss this deadline, chances are you won’t be able to recover any compensation for your injuries. As a result, it is important to connect with our firm as soon as possible so that our legal team can clarify your rights, explain your options, and begin building the strongest possible case on your behalf.
What Can Family Members Do to Help Brain Injury Survivors?
It’s hard to know what to do when someone in your family has suffered a severe injury, but here are a few tips on how you can help:
- Above all, be patient. It can take a long time for brain injury survivors to adapt to the effects of an injury.
- Take care of tasks the survivor can’t do themselves, like paying bills, taking care of the survivor’s children, and so on.
- Do what you can to make the survivor as comfortable as possible, both in the hospital and after returning home.
- Provide some structure to the survivor’s life as best you can and help to facilitate daily experiences that are as normal as possible.
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Talk to a Phoenix Brain Injury Attorney Now
The Phoenix brain injury attorneys at Swenson & Shelley provide knowledgeable legal counsel and extensive resources to people who’ve suffered traumatic brain injuries in our community. We provide dedicated representation to victims and their families, so they may be “made whole again” after an accident that was not their fault.
For a free consultation with a compassionate and experienced legal team member, call us or reach out to us online. Accident victims deserve the relentless pursuit of justice that Swenson & Shelley can provide. It would be our honor to speak with you about your circumstances and to advise you of your legal rights and options. We look forward to speaking with you.
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Frequently Asked Questions for Our Phoenix Brain Injury Lawyers
Can I still recover compensation if I was partially at fault for the accident that caused my brain injury?
Arizona follows a pure comparative fault system, which means you may still be entitled to compensation even if you share some of the blame for the accident. Your total recovery would be reduced by your percentage of fault, but it would not be eliminated entirely. The team at Swenson & Shelley can help assess how fault may be allocated in your specific situation and work to minimize any impact on your claim.
What are my options if the person responsible for my brain injury has no insurance or limited coverage?
When the at-fault party is uninsured or underinsured, your own auto insurance policy may provide coverage depending on what protections you carry. There may also be additional liable parties, such as an employer, property owner, or vehicle manufacturer, who can be pursued for compensation. Swenson & Shelley can conduct a thorough investigation to identify every available source of recovery in your case.
Can I file a brain injury claim if my injury occurred on someone else's business or private property in Phoenix?
Yes. Property owners in Arizona have a legal duty to maintain reasonably safe conditions for visitors, and a failure to do so can give rise to a premises liability claim. This applies to a wide range of locations, including retail stores, parking lots, restaurants, and private residences. If unsafe property conditions contributed to your brain injury, Swenson & Shelley can help evaluate whether a premises liability claim is appropriate in your situation.
What is the difference between filing a workers' compensation claim and a personal injury claim after a work-related brain injury?
Workers’ compensation generally provides benefits for medical expenses and lost wages regardless of who was at fault, while a personal injury claim requires proving someone else’s negligence but may allow for a broader range of damages. In some work-related brain injury cases, both types of claims may be available simultaneously. Understanding which path or combination of paths applies to your situation is something the attorneys at Swenson & Shelley can help clarify during a consultation.
How does a pre-existing condition affect my brain injury claim in Arizona?
Having a pre-existing condition does not automatically disqualify you from pursuing a brain injury claim. Under Arizona law, a negligent party can be held responsible for aggravating or worsening a pre-existing condition, not just for causing a new injury. Insurance companies often use prior medical history to reduce or deny claims, so having legal representation to counter those arguments can make a significant difference in your outcome.
Can a defective product, such as a faulty helmet or vehicle safety feature, be the basis of a brain injury claim?
Yes. If a defective product contributed to your brain injury, a product liability claim may be available against the manufacturer, distributor, or retailer depending on where the defect originated. These cases can arise from faulty helmets, malfunctioning airbags, defective safety equipment, and similar products. The Phoenix brain injury attorneys at Swenson & Shelley can help determine whether a product defect played a role in your injury.
Can a child who suffers a brain injury in Phoenix file a legal claim?
Yes. When a minor sustains a brain injury due to someone else’s negligence, a parent or legal guardian can pursue a claim on the child’s behalf. These cases often involve unique considerations, including the long-term impact on the child’s development, education, and future opportunities. The Arizona personal injury attorneys at Swenson & Shelley can help families navigate the legal process and pursue the full compensation a child may be entitled to.
What if my brain injury was caused by a dangerous road condition maintained by a city or government agency in Phoenix?
Claims against government entities, such as the City of Phoenix or the Arizona Department of Transportation, are possible but involve specific procedural requirements and shorter notice deadlines than standard personal injury claims. Missing these deadlines can permanently bar your right to recover compensation. If a poorly maintained road, defective traffic signal, or other government-controlled hazard contributed to your brain injury, it is important to contact an attorney as soon as possible.
Can I file a brain injury claim in Arizona if I live in another state but was injured while visiting Phoenix?
Yes. You do not need to be an Arizona resident to file a personal injury claim in the state. If your brain injury occurred in Phoenix, Arizona law will generally govern your case. Swenson & Shelley regularly works with clients from outside the state and can manage the entire legal process on your behalf regardless of where you reside.
Is it possible to pursue a brain injury claim while I am still undergoing medical treatment?
Yes, and in many cases it is advisable to consult with an attorney even before your treatment is complete. Getting legal representation early helps preserve evidence, meet filing deadlines, and protect your rights throughout the recovery process. Swenson & Shelley can begin building your case while you focus on healing, and will work to ensure your claim reflects the full extent of your injuries once your medical situation becomes clearer.
