Scottsdale Brain Injury Lawyer
A Brief Summary of the Following Article
- Brain injury claims require proving negligence or wrongful actions by another party, which can encompass various situations such as car accidents or slip-and-falls.
- Arizona has a statute of limitations of two years for personal injury cases, emphasizing the need to act promptly and consult an attorney.
- Comparative negligence law in Arizona allows recovery even if the injured party shares some fault, but compensation is reduced accordingly.
- Compensation for brain injuries can include economic and non-economic damages, with the severity of the injury and medical documentation playing a significant role in establishing the claim’s value.
Brain injuries are life-altering and devastating events that can potentially impact every aspect of a person’s life, from physical abilities to cognitive function and emotional well-being. Whether it’s caused by a car accident, a slip-and-fall, or another form of negligence, the impact of a brain injury is profound for survivors and their loved ones.
At Feller & Wendt, we understand the challenges that survivors face and are dedicated to offering support, guidance, and legal expertise to help you find justice. Our attorneys have a deep understanding of brain injury cases and can help you navigate the legal complexities, secure fair compensation, and help you take the first steps toward rebuilding your life.
An Overview of Brain Injury Claims
A brain injury is a life-altering event that can profoundly impact a person’s health, well-being, and quality of life. If you or a loved one has suffered a brain injury due to someone else’s negligence, you may be entitled to compensation through a personal injury claim. However, a brain injury on its own isn’t enough to pursue compensation. The circumstances that led to the brain injury must meet the requirements of personal injury law.
Establishing Negligence in a Brain Injury Case
To recover compensation for a brain injury, you must prove that the injury was the result of someone else’s negligence or wrongful actions. Negligence involves demonstrating that the responsible party had a duty of care, breached that duty, and directly caused the injury. This can encompass a range of situations, from car accidents caused by a distracted driver to slip-and-fall incidents on poorly maintained properties. To support your claim, you’ll need to gather evidence, including accident reports, witness statements, and expert testimony, if necessary.
Strict Filing Deadlines (Statute of Limitations)
Like many states, Arizona has specific time limitations for filing a personal injury claim, known as the statute of limitations. In Arizona, the statute of limitations for personal injury cases, including brain injuries, is generally two years from the date of the injury. Failing to file your claim within this timeframe can result in losing your right to seek compensation. It’s crucial to act promptly and consult with an attorney to ensure compliance with these deadlines.
Comparative Negligence Law
Arizona follows the comparative negligence rule, which means that even if you were partially responsible for the accident that caused your brain injury, you may still recover compensation. However, your compensation will be reduced in proportion to your level of fault. Working with an attorney is essential in these cases to minimize any potential impact of shared liability on your compensation.
Types of Compensation
Recoverable compensation in a brain injury case can include both economic and non-economic damages. Economic damages cover concrete losses such as medical expenses, lost wages, and rehabilitation costs. Non-economic damages encompass less tangible losses like pain and suffering, loss of quality of life, and emotional distress. An experienced attorney can help you calculate and seek the full extent of damages to address the comprehensive impact of a brain injury.
Proving the Severity of the Brain Injury
The severity of the brain injury significantly influences the amount of compensation that can be awarded. To prove the extent of the injury, gathering medical documentation is essential. This may involve diagnostic tests, neurological assessments, and expert medical opinions to demonstrate the severity of the brain injury and the long-term consequences it may have on the victim’s life.
Insurance Companies and Settlement Negotiations
Most personal injury claims are resolved through negotiations with the responsible party’s insurance company. It’s important to be cautious during these negotiations, as insurance companies often aim to minimize payouts. An experienced attorney can advocate on your behalf, ensuring you receive a fair settlement that addresses the full scope of your losses.
What Needs to Be Proven in a Brain Injury Claim?
Brain injuries are some of the most severe and life-altering consequences of many accidents. Sometimes, there’s nothing a person can do but carry that burden alone. However, when a person suffers a brain injury as a result of someone else’s negligence, there is a way for them to receive some help to address the physical, mental, and financial burdens they are facing.
To receive compensation in a personal injury claim, you and your Scottsdale TBI lawyer must prove the four elements of negligence:
Duty of Care
The first element needed to establish liability in a brain injury case is to prove the party you are filing the claim against owed you a duty of care. Duty of care is the legal obligation to act with reasonable care to prevent causing harm to others. For instance, in a car accident, drivers owe a duty of care to operate their vehicles safely. Therefore, if someone owed you a duty of care at the time that you sustained your brain injury, they are liable for damages.
Breach of Duty
Once a duty of care is established, the next step is to prove that the responsible party breached their duty of care. Proving a breach of duty means showing that the party failed to act in a reasonable manner. This means that they failed to do everything within their power to protect you from harm, and as a result, you suffered a life-altering injury.
Causation
There must be a direct link between the breach of duty and the brain injury. Causation means demonstrating that the negligent actions of the liable party were the proximate cause of your injury. For instance, if the driver failed to adhere to traffic laws or was distracted while driving, which led to the accident that caused your injury, it’s necessary to prove that the accident was the result of their breach of duty and not factors outside of their control.
Damages
The final step in a personal injury claim is establishing damages. Brain injuries often have long-term consequences that include a lifetime of medical expenses. From rehabilitation costs, lost wages, diminished quality of life, and pain and suffering, the effects of a brain injury are intense. Recovering fair damages that adequately compensate you for these losses requires proving the existence of these damages and the extent to which they impact you.
How Can a Scottsdale Brain Injury Attorney Help You?
Suffering any kind of serious injury is an incredibly traumatic experience, but when it comes to brain injury, the potentially life-changing consequences are almost incomprehensible. Brain injuries result in immense physical, mental, and emotional challenges that amount to heavy financial burdens. Feller & Wendt has a proven track record of success in personal injury cases. We can provide the legal expertise and support you need to navigate the complexities of your brain injury case.
Expertise in Brain Injury Cases
Brain injury cases are unique, requiring specialized legal knowledge of personal injury law and the impact of brain injuries on the victim. At Feller & Wendt, our Scottsdale, AZ traumatic brain injury lawyers have extensive experience handling brain injury cases and understand the legal and personal intricacies involved. We are well-versed in the medical aspects of brain injuries, which allows us to build a compelling case and effectively demonstrate the impact of the injury to insurance companies, opposing counsel, judges, and juries.
Identifying Liability
Proving liability is crucial to any personal injury claim, including brain injury claims. The attorneys at Feller & Wendt are skilled at identifying the liable parties and proving their negligence. Whether it’s a negligent driver, a property owner, a manufacturer, or other liable parties, we will work diligently to investigate your accident and hold the liable parties accountable.
Gathering Evidence
Building a strong case against a liable party requires sufficient evidence. Feller & Wendt is adept at collecting and preserving evidence, including witness statements, accident reports, medical records, and expert opinions. We will thoroughly investigate the accident to collect all the evidence necessary to support your claim.
Negotiating With Insurance Companies
Dealing with insurance companies is challenging because their primary goal is not to protect your best interest but to minimize their payouts. At Feller & Wendt, our goal is to ensure the protection of your rights and best interests. Our Scottsdale, AZ brain injury lawyers are skilled negotiators who can properly advocate for your rights and ensure you’re not taken advantage of at any point during the negotiating and settlement process. We will work tirelessly to secure fair compensation for your medical expenses and any other damages you’ve sustained as a result of your injury.
Preparing for Litigation
While most personal injury cases get settled outside of court, some can go to court. Should your case go to trial, having a skilled attorney at your side is crucial. Our attorneys have the litigation expertise necessary to represent you in court. We will prepare a compelling case and fight vigorously to protect your interest during the trial.
Need an Experienced Brain Injury Lawyer? Call Feller & Wendt Today
Brain injuries are life-changing, demanding not only medical attention but also legal support to secure the compensation and justice you deserve. At Feller & Wendt, we understand the physical and emotional tolls these injuries can take on people. Our attorneys are dedicated to advocating for your rights and holding the person or parties accountable for your injury. Remember, you’re not alone in this journey.
The compassionate and experienced Scottsdale TBI attorneys at Feller & Wendt are here to provide the legal expertise and support you need to seek justice and secure the compensation essential for your recovery. Contact us to schedule a consultation through our contact form or by calling (408) 702-2277.
