Phoenix Brain Injury Lawyer
From slip and fall accidents to catastrophic head-on collisions, almost any type of violent incident can result in a traumatic brain injury (TBI). The brain is a delicate organ and incredibly susceptible to serious wounds in an accident. When a sudden physical impact affects this area, injuries can range from mild concussions to severe brain damage, coma, and even death.
Brain Injury Symptoms
Brain injuries aren’t always immediately obvious. Mild TBIs, for instance, may not show symptoms for weeks after an accident. There are two types of TBIs: closed and penetrating brain injuries. Closed brain injuries are the most common, which occur when the brain sustains an injury within the skull.
Closed brain TBIs can happen when something jostles, shakes, or moves the brain rapidly back and forth inside the skull. Closed brain injuries can result from car accidents, slips and falls, child injuries (as in cases of child abuse), rollercoasters, and sports. Penetrating brain injuries, or open-head injuries, occur when something breaks the skull and affects the brain, such as a bullet or knife.
The symptoms of a brain injury depend on the severity of the TBI. Every incident is unique and will affect victims differently. Common symptoms include:
- Cognitive difficulties
- Speech and language deficits
- Partial or total loss of vision or hearing
- Sleep disorders
- Behavioral disorders
Symptoms can range from personality changes to convulsions. For people under the age of 75, the most common cause of TBI is car accidents. For those older than 75, the most common cause is slips and falls. After sustaining a TBI, victims often face a long road to recovery or have little to no chance of ever fully recovering. Victims will need rehabilitation to improve mental and motor functions as well as therapy to address the emotional devastation of a debilitating injury. For more information on Brain Injuries, visit our Brain Injury FAQ page.
Negligence and Brain Injuries
The two most common causes of TBIs are both preventable. More often than not, a negligent driver causes car accidents from inattention, distraction, failure to obey the rules of the road, or reckless driving. Slips and falls can result from dangerous premises with unreasonable hazards, such as unsafe workplaces or commercial properties. Victims often suffer brain injuries as a direct result of someone else’s negligence.
If you or someone you love suffered a TBI, seek medical attention and then call a local attorney to help you file a claim. An attorney will investigate your case and create a plan to prove the three main elements of negligence:
- The defendant owed you a level of duty to act with reasonable care.
- The defendant breached this duty in some way.
- You suffered a brain injury because of this breach.
Proving negligence in a brain injury case requires an investigation into the accident, including gathering relevant medical records and recreating the event if necessary. Remember: an apparent lack of TBI symptoms doesn’t mean you don’t have one. Always seek medical attention after any type of accident, and keep copies of your medical records and bills.
You might also base your brain injury case on the laws of product liability. If a defective or dangerous product (such as a faulty piece of machinery) caused your brain injury, you may be able to sue the manufacturing company. In this case, your lawsuit would look different than in a typical negligence case. In either situation, arm yourself with an aggressive, knowledgeable attorney to obtain the best possible settlement.
At Cullan & Cullan our Phoenix injury attorneys excel in and out of the courtroom. With medical and legal backgrounds, we know how to prove the extent of your injuries and gather solid evidence against a negligent defendant. Contact us today for a free consultation with one of our lead attorneys.