After a brain injury, you need clear answers about your rights and options. A Scottsdale brain injury lawyer provides the clarity you seek. They work to protect your interests and build a case that reflects the full scope of your new reality. The right legal guidance gives you a direct plan for your future.
At Law Bear, we provide a free case evaluation to help you find your footing. We listen to your story and connect you with an experienced local brain injury attorney from our network.
Let us help you find qualified legal representation. Call us 24/7 at (309) 365-6510 to discuss your case at no charge.
How a Scottsdale Brain Injury Lawyer Helps Your Recovery
A Scottsdale brain injury lawyer serves a specific function for victims and their families. Their primary objective is to build a comprehensive claim that addresses every aspect of the injury.
Conducting a Thorough Investigation
Your attorney launches an immediate investigation into your accident. They work to preserve crucial evidence before it can be lost or destroyed. They obtain the official police report and secure any available video footage from traffic or surveillance cameras.
Your legal team identifies and interviews witnesses who saw what happened. In cases involving complex accidents, like a commercial truck collision on the Pima Freeway, they may hire accident reconstruction professionals.
These experts use scientific principles to demonstrate exactly how the event unfolded and who was at fault.
Shielding You From Insurance Company Pressure
Your lawyer becomes your official representative and primary point of contact. They manage all phone calls, emails, and written correspondence from insurance companies and other parties. You no longer have the burden of dealing with adjusters directly.
You simply direct all inquiries to your attorney's office. This action stops insurance adjusters from contacting you to request a recorded statement. It protects you from their tactics designed to get you to settle for a low amount.
Documenting the Full Extent of Your Injuries
Your attorney works closely with your medical team to build a complete record of your injuries. They gather all related documents, including initial emergency room records, imaging scans, and reports from therapists. This creates a clear timeline of your medical journey.
Your legal team may also consult with specialized professionals to show the true impact of a traumatic brain injury (TBI). A neuropsychologist can perform tests to document cognitive changes.
A life care planner can create a detailed report outlining the medical treatments and assistance you need for the rest of your life.
Calculating Your Claim
An attorney uses a methodical approach to calculate the full and fair value of your case. They don't rely on guesswork or insurance company formulas. They start by compiling all current and past economic losses.
This includes every medical bill, your lost wages, and any out-of-pocket expenses. The lawyer then projects your future financial needs based on professional analysis. They also work to place a value on non-economic damages, such as pain and your loss of enjoyment of life.
Managing All Legal Deadlines and Procedures
The legal process involves many strict deadlines and complex procedures. Your attorney handles every aspect of this for you. They prepare and file all necessary legal documents with the court.
They manage the entire timeline of your case, from the initial claim filing to the final resolution. Your lawyer complies with Arizona's court rules. This allows your case to move forward correctly while you focus on your well-being.
Documenting the Full Impact of a Traumatic Brain Injury
A TBI affects every part of your life. A legal claim must capture all of these impacts with detailed proof. Your legal team works to document both the financial and personal losses you experience to recover compensation for your losses (damages).
Common damages include:
- Complete Medical Expenses: We gather proof of all past and future medical care, from the initial emergency room visits to any required long-term rehabilitation, therapy, or in-home assistance.
- Lost Income and Earning Capacity: Your claim accounts for all wages lost while you were unable to work and includes compensation for any reduction in your future earning ability if the injury affects your career.
- Physical Pain and Suffering: We work to demonstrate the significant physical pain, discomfort, and ongoing suffering caused by the injury, using medical records and testimony to make these impacts clear.
- Cognitive and Emotional Changes: Your case documents the life-altering effects of the injury, such as memory problems, personality changes, and the emotional distress that follows.
- Loss of Quality of Life: We seek to show how the injury has affected your ability to enjoy activities, hobbies, and relationships, including the loss of consortium for your spouse.
The Importance of Medical Records
Your medical records are the central piece of evidence in a brain injury claim. They provide a timeline of your condition and a professional diagnosis of your injuries. These records connect the accident directly to the harm you suffered.
Your records help prove the severity and long-term nature of the TBI to an insurance company or a jury. Your attorney compiles a complete history, including imaging scans, doctors' notes, and therapy reports.
Common Causes of Brain Injuries in Scottsdale
Accidents that cause traumatic brain injuries happen across Scottsdale every day. Many of these incidents result from another person's negligence. Identifying the cause is a foundational step in any personal injury claim.
Auto Accidents
Traffic collisions are a frequent source of these injuries. A crash on the busy Loop 202 or at a major intersection like Scottsdale Road and Shea Boulevard can cause significant head trauma.
Drivers who are distracted, impaired, or speeding create dangerous conditions for everyone on the road. These cases require a thorough investigation of the accident scene.
Slip-and-Falls
Premises liability incidents also may lead to brain injuries. A slip and fall on a poorly maintained floor at a resort in McCormick Ranch or a bustling shopping center like Scottsdale Fashion Square may cause a person to strike their head.
Construction Accidents
Construction accidents in Scottsdale's growing neighborhoods or incidents at recreational spots. A fall from a height on a job site or a sports-related injury at a park like the McDowell Sonoran Preserve can have lasting effects.
Identifying Liable Parties in a Brain Injury Claim
To secure compensation, your attorney must first identify the person or entity whose actions caused your injury. In some cases, liability is straightforward. In others, multiple parties may share fault for the incident.
Potential liable parties include:
- Drivers: A negligent driver is often the liable party in a car accident claim. A person who ran a red light, texted while driving, or was under the influence of alcohol is responsible for the harm they caused.
- Property Owners: Businesses must maintain their properties to prevent foreseeable harm to patrons. Failure to clean up a spill or fix a broken railing makes them accountable for any resulting injuries. The same rules apply to private homeowners and municipal entities.
- Manufacturers: Sometimes, a defective product causes an injury. A faulty airbag, a defective helmet, or a flawed piece of machinery may be the source of the trauma. In these situations, the liable party could be the product designer, manufacturer, or distributor.
Arizona's Statute of Limitations for Brain Injury Claims
You have a limited time to file a personal injury lawsuit in Arizona, known as the statute of limitations. In Arizona, the general statute of limitations for personal injury claims is two years from the date of the injury.
The two-year clock starts on the day the accident occurred. A failure to file your claim within this period typically results in the court dismissing your case permanently.
The Discovery Rule
Brain injury cases sometimes benefit from the discovery rule. This rule applies when the symptoms of an injury aren't immediately apparent.
The two-year clock may begin not on the date of the accident, but on the date that you discovered, or reasonably should have discovered, your injury and its cause. A lawyer helps determine how this rule applies to your specific facts.
Types of Compensation in a Brain Injury Case
A successful brain injury claim may provide payment for a wide range of losses. Your lawyer calculates the total value of your claim based on these different categories of damages. The goal is to secure a settlement or award that covers your past, present, and future needs.
- Medical Expenses: This category covers emergency services, hospital stays, surgeries, doctor appointments, prescription drugs, and medical devices. It also accounts for future needs like physical therapy, cognitive rehabilitation, and in-home care.
- Lost Income and Earning Capacity: You may seek payment for the wages you lost while unable to work. If the brain injury prevents you from returning to your previous job or working at all, you may pursue payment for your diminished earning capacity.
- Pain and Suffering: This compensates you for the physical pain and emotional distress caused by the injury and its effects. It acknowledges the significant impact the injury has on your daily life.
- Loss of Enjoyment of Life: A TBI may prevent you from participating in hobbies, activities, and relationships that once brought you joy. This compensation addresses that specific loss.
- Property Damage: Your claim may include the cost to repair or replace your vehicle and any other damaged personal property.
The Unique Challenges of TBIs
Many brain injuries don't show outward physical signs. Victims may appear fine to others while struggling with serious cognitive, emotional, and behavioral changes. These "invisible" injuries present unique challenges in a personal injury claim because they're harder to prove.
A skilled Scottsdale brain injury lawyer demonstrates the reality of these life-altering conditions by:
- Using Expert Testimony: Your attorney may work with neurologists, neuropsychologists, and vocational experts. These professionals conduct tests and provide testimony that explains how the injury affects your brain function, behavior, and ability to work.
- Gathering Witness Accounts: Testimony from family, friends, and coworkers can be very powerful. These individuals can describe the changes they have observed in your personality, memory, and abilities since the accident. This helps a jury see the person you were before the injury.
- Presenting Diagnostic Imaging: While some brain injuries don't show up on standard MRIs or CT scans, advanced imaging techniques may reveal evidence of brain damage. Your lawyer consults with medical imaging professionals to use this technology effectively.
- Highlighting Daily Life Struggles: Your legal team will use journals, videos, and your own testimony to create a detailed picture of your daily challenges. This demonstrates the real-world impact of the "invisible" injury on your quality of life.
FAQ for Scottsdale Brain Injury Lawyer
What Is the First Step I Should Take To Protect My Legal Rights?
Contact Law Bear at (309) 365-6510 for a free case evaluation and connect with a Scottsdale TBI lawyer. The Bear's Got Your Back. Avoid speaking with the at-fault party's insurance company or signing any documents they send you. Instead, focus on following your doctor's treatment plan.
How Is a TBI Claim Different From Other Personal Injury Claims?
Traumatic brain injury claims are more complex because the injuries are often permanent and affect cognitive function. The long-term costs of care can be enormous.
These cases require a higher level of medical evidence and often involve testimony from a wide range of medical and life-care planning professionals to prove the full scope of the damages.
What Kinds of Evidence Does My Scottsdale TBI Lawyer Need?
Your lawyer needs complete medical records, results from diagnostic imaging like CT scans and MRIs, and neuropsychological evaluations. They'll use police reports, witness statements, photos and videos from the accident scene, and testimony from economic and medical professionals.
Why Do I Need a Scottsdale Brain Injury Lawyer if the Insurance Company Already Made an Offer?
Most initial offers rarely cover the total costs of a TBI. An adjuster's job is to settle the claim for as little as possible. A Scottsdale brain injury lawyer calculates the true lifetime costs of your injury to ensure you pursue a settlement that provides for your long-term needs, not just your immediate bills.
What Happens if the At-Fault Driver Who Hit Me Doesn't Have Insurance?
If the at-fault party is uninsured or underinsured, you might still have options. Your own auto insurance policy may include Uninsured/Underinsured Motorist (UM/UIM) coverage.
This coverage steps in to pay for your damages up to your policy limits. An attorney can review your policy to identify all available sources of recovery.
Restore Your Path Forward
A serious brain injury disrupts your life's blueprint, but it doesn't have to define your future. Taking decisive action gives you a measure of control. The right legal advocate provides the precise tools needed to rebuild.
Let Law Bear make the first step simple. We'll evaluate your case for free and connect you with a qualified, independent Scottsdale brain injury lawyer. Get the help you need to move forward. Call (309) 365-6510 today for your free and confidential case evaluation.