Who can sue for a TBI?

Brain injury lawyer Phoenix, AZA traumatic brain injury (TBI). A brain injury is unlike any other injury. A broken arm can usually heal and get back to work again soon, but brain injuries do not heal in the same manner. Sometimes, a brain injury isn’t even immediately recognizable. So how do you know if you’ve suffered a TBI, and who can sue for a TBI? How do you find a brain injury lawyer Phoenix, AZ trusts?

Common Causes of TBI

There are quite a few possible causes of a traumatic brain injury, some of the most common are:

  • Auto Accidents
  • Sports Injuries
  • Falls
  • Blows to the head
  • Bullet wounds

Common TBI Symptoms

Common symptoms of a traumatic brain injury include:

  • Physical: headaches, chronic pain, fatigue, dizziness, sensitivity to light, loss of motor skills, speech impairment, disturbed sleep patterns
  • Emotional: changes in behavior, changes in personality, changes in emotional expression, frustration, irritability
  • Psychological: depression, anxiety, PTSD, social avoidance, uncontrollable behavior
  • Cognitive: memory loss, confusion, mental fatigue, difficulty with concentration, easily confused, impaired language communication

Who Can Sue for a TBI?

Any brain injury lawyer Phoenix, AZ counts on will tell you that if you or a loved one have suffered one of the above causes or symptoms due to someone else’s negligence, you might be eligible to sue for a traumatic brain injury. The concept of negligence is the legal theory most TBI cases are brought on. To prove negligence, the following must be true:

  1. The other person owed you a duty of, at a minimum, reasonable care.
  2. The other person failed to exercise that reasonable care.
  3. The other person’s action (or inaction) caused you harm.
  4. You suffered injuries or losses that are measurable under the law.

An experienced brain injury lawyer Phoenix, AZ provides might also use another common example, that of the car accident. For example, you are stopped at an intersection and the light turns green. You begin to move through the intersection when a car fails to stop at the red light and hits your car square on the driver’s side door. As a result, you are hospitalized for 2 weeks and ultimately suffer a traumatic brain injury. The driver that blew through the red light owed you a duty of reasonable care, then breached that duty by failing to exercise reasonable care.  The other driver’s actions directly caused you harm, and you suffered injuries and losses measurable under the law, including a brain injury. You are eligible to sue for TBI.

As a brain injury lawyer Phoenix, AZ relies on might attest, another common example of someone eligible to sue for a TBI using the concept of negligence is that of a player who suffers a concussion in an organized sport. Sports organizations have a duty to ensure their players are properly trained and outfitted with protective gear, regardless of whether they are the NFL or your local pewee football league. They also have a duty to ensure that players stay relatively safe. If a coach fails to pull an athlete who has potentially suffered a concussion from the game, that coach can become liable if the player then suffers from a traumatic brain injury.

TBI in Phoenix, AZ

The most important thing is to seek out a brain injury lawyer Phoenix, AZ trusts as well as one that has experience in handling TBI cases. How you brain injury claim is evaluated has a lot to do with how much evidence of brain injury you can produce. If you think you may have suffered a brain injury due to an auto accident, contact the law offices of Kamper Estrada, LLP. Our experienced personal injury attorneys can help you understand what sort of damages you may be entitled to and will fight to make sure you receive fair compensation for your injuries.