About Brain Injury Lawsuits

Claim Brain and Head Injury Compensation With Our Specialists at Top’s Injury Law Group

Unfortunately, head injury accidents are on the rise in Arizona. Factors such as car accidents, slips and falls, and sports injuries have contributed to this increase. Despite the serious long-term effects of a head injury, many victims are reluctant to file a brain injury lawsuit because the blow was too minor, or they are unsure of their rights.

However, the importance of seeking brain injury settlements after an accident is paramount. The head injury symptoms can be immediate or take a long time to manifest, requiring large financial outlays to recover. Unfortunately, the high cost of brain injury treatment often has a negative impact on the finances of many families.

This is why it is so important to consult with a head injury lawyer at Top’s Injury Law Group. Our Phoenix, Arizona brain injury attorneys know Arizona law inside and out and can help you get the compensation you deserve for the damages you have suffered. With more than 100 years of combined personal injury legal experience, we can help you get justice. Call (480) 470-2299 today to schedule a free consultation or submit your inquiry on our website.

Due to the complex nature of a head injury, a brain injury claim is also often complex. It can take months before you reach brain injury compensation payouts. And it can take even longer if your case goes to trial. Meanwhile, you’ll need to focus on your recovery while navigating the ins and outs of the legal process.

Here’s what you need to know about brain injury lawsuit settlements.

The Lawsuit’s Goal is to Make Your Life Whole Again

A traumatic brain injury (TBI) can affect every aspect of your life. With a mild injury, you may only miss a few weeks of work. But in more severe cases, you may have to relearn basic skills and never return to life as you once knew it.

The goal of a head injury claim is to recover financial damages to compensate for these “lost” parts of your life.

The Type of Brain Injury Compensation You Receive Depends on How You Sustained Your Injury

There are many ways to suffer brain damage. As a result, there are a number of different ways another party can be held liable for your brain injury. The circumstances surrounding your head injury will determine the cause of action you file in your head injury lawsuit.

Common Negligence

Common negligence can occur in countless scenarios. It simply requires that a person acted in a careless manner, and this carelessness resulted in your injury. For example, a distracted driver who hits a pedestrian would be considered common negligence if the pedestrian was injured.

Premises Negligence

If you visit a store and walk down an aisle with a deteriorated section of flooring, and you trip, fall, and hit your head, this would be a case of premises negligence. The business owner isn’t doing their job to keep conditions safe for customers, so you can hold them all liable for your injury.

Medical Negligence

It’s a doctor’s job to diagnose and treat conditions correctly. If a doctor misdiagnoses a condition or performs a medical procedure incorrectly, the mistake can have serious consequences, such as brain damage or even death. In these cases, the doctor would be held responsible for the brain injury lawsuit.

Products Liability

In some cases, defective products can cause brain injuries. For example, if your new trampoline broke or your car’s steering wheel locked up, causing you to hit your head. In these cases, your brain damage lawsuit would be against the manufacturer or retailer of the faulty product. 

Determining Compensation in a Brain Injury Lawsuit

What is the average settlement for traumatic brain injury? Because you can’t put a value on quality of life, many people struggle with how to determine a monetary amount in the case of a head injury. Although there is no brain injury settlement calculator, our experienced lawyers can help you determine the head injury settlements you deserve based on the following factors:

Specific Damages

Special damages include expenses that have a definite economic value, such as medical bills and lost income. These damages include expenses you’ve already incurred, as well as future expenses you expect to incur as you recover. Specific damages may also include related expenses, such as the need for child care or a different source of transportation.

General Damages

General damages are intangible expenses that don’t have a specific monetary value. The most common example of general damages is pain and suffering. Pain and suffering damages go beyond medical bills and compensate you for loss of quality of life as well as any emotional distress you may experience as a result of your injury.

Punitive Damages

If your injury was caused by someone who was extremely negligent or reckless, you may also be entitled to punitive damages. While less common than specific and general damages, they’re awarded in extreme cases like drunk driving accidents.

Expert Opinions Will Strengthen Your Case

Insurance companies will do everything they can to deny your claim or settle for far less than you deserve. An expert opinion from a medical professional can back up your claim and help solidify your case, particularly if you go to trial.

Using an MRI or CT scan, the doctor can speak to the extent of your injuries, providing professional insight into how the injury impacts your life. They’ll also be able to articulate what your recovery process might look like, and how long it will take you to get back to normal.