If you or a loved one was recently diagnosed with a brain injury, consult with a Chandler brain injury lawyer at Stone Rose Law for legal advice. We can help you seek justice if one or more parties caused your brain injury through an act of carelessness or recklessness. Our traumatic brain injury (TBI) attorneys are passionate about going up against wrongdoers on behalf of injured victims – especially those with a lot on the line and life-changing injuries. Please contact us today to schedule your free consultation with an experienced attorney in Chandler, AZ.
Brain injury cases are difficult and expensive to litigate. They often require medical experts with expertise in treating brain injuries to explain the medical implications of an injury. If you hire a brain injury lawyer in Chandler to represent you, you can rest and relax while your lawyer takes care of accident investigation and evidence collection on your behalf. Your Chandler personal injury attorney can build a strong and compelling case against a defendant with the following actions:
An attorney can prepare your case as if it will go to trial, with careful attention to detail. Although most personal injury cases end in settlements, preparing your case for trial can make you ready for anything. It can force an insurance company to take you more seriously and result in higher settlement offers. If your case does not settle, your lawyer will be prepared to file a lawsuit and take your case to court in pursuit of justice and maximum compensation.
A brain injury can describe damage to any part of the brain. Damaged or destroyed brain cells may never function the same again. Common symptoms associated with brain injuries are headaches, nausea, vomiting, dizziness, balance problems, confusion, memory loss, and seizures. Brain injuries in Chandler are often caused by negligence, or the failure to use reasonable care. Some of the most common causes of brain injuries are:
If someone had the power to prevent the incident that gave you or a loved one a brain injury, your family may be able to hold that person or party financially responsible, or liable, for the injury. If you have grounds for a case, our brain injury lawyers in Chandler can help you file a personal injury lawsuit against the correct defendant(s) to fight for justice.
Filing a brain injury lawsuit in Chandler can bring you closure and justice by holding the at-fault party accountable. It can help you and your family move forward after a devastating accident. You may have grounds to file a lawsuit in Arizona if one or more parties reasonably should have prevented your brain injury, such as a driver who should have paid more attention to the road or an employer who should have given you better protection from an on-the-job injury.
Most brain injury cases are based on the legal theory of negligence. If someone is negligent, it means that he or she did not act with a normal or reasonable amount of care, resulting in harm to someone else. There are four elements involved in proving negligence: duty, breach of duty, causation and damages. In essence, the defendant must have had a legal responsibility to protect the plaintiff or prevent the injury, failed to fulfill this responsibility, and caused the brain injury in question.
It may also be possible to base a brain injury lawsuit on a legal doctrine other than negligence. Depending on the circumstances of the injury, a plaintiff may be able to file a claim on the grounds of negligence per se, strict liability or breach of warranty. A personal injury lawyer can help you determine whether you have a case and the most appropriate grounds for your case. Each type of lawsuit comes with different required elements of proof. All, however, need evidence that supports the claim being made.
As the filing party in a brain injury lawsuit, the burden of proof rests with you. It is your responsibility to prove that what you are claiming is more likely to be true than not true. This burden of proof is known as a preponderance of the evidence, and it is universal in personal injury law. You or your personal injury attorneys will need to provide evidence that supports your claim and convinces a judge or jury that the defendant caused or significantly contributed to your injuries with at least a 50 percent certainty. In a brain injury case, supporting evidence may include:
Brain injury lawsuits can be more difficult to prove than other types of injuries, as there may not be x-rays or CT scan evidence showing head trauma if it is not severe. Instead, the victim may have to rely on demonstrative exhibits to prove a brain injury case, such as brain mapping or a video showing a day in the life of the victim. Working with a personal injury attorney is critical in a brain injury lawsuit, as an attorney will know how to build the strongest case possible.
As the filing party in a personal injury claim, it is important to realize that you have a filing deadline. This deadline, known as a statute of limitations, changes from state to state. In Arizona, it is two years from the date that your injury took place or the date that you discovered the injury. There are exceptions, however, in certain circumstances. For example, if the victim is under the age of 18, he or she will have two years from the victim’s 18th birthday, even if this is longer than two years after the accident. If you lose a loved one, you have two years from the date of their passing to file a wrongful death lawsuit in Chandler.
Just as there are exceptions that can extend the statute of limitations, there are also situations where you will have less than two years to file. Bringing a claim against a government entity in Arizona, for instance, comes with a deadline of just 180 days from the date of the accident. Act quickly to speak to a local Chandler brain injury attorney, as missing your deadline can mean losing the right file.
At Stone Rose Law, we know that most of our clients do not come to us only in search of monetary recovery. For an injury as severe as one to the brain, no amount of money is enough to deliver justice. Brain injury lawsuits are about more than just the financial compensation available. They are about bringing a wrongdoer to justice for inflicting life-changing, serious injuries on a victim.
With that being said, our lawyers also recognize how important financial compensation can be for a victim’s recovery and future financial stability. A head or brain injury could make you eligible for financial compensation for several past and future losses during an injury claim in Arizona, including:
Most of these are compensatory damages – a category of financial compensation meant to make an accident victim whole again during a personal injury lawsuit. Punitive damages, on the other hand, are awarded in some cases to punish the defendant. In Arizona, punitive damages may add to a victim’s financial recovery if the defendant is guilty of gross negligence, recklessness, fraud or intent to harm. Our Chandler TBI attorneys at Stone Rose Law can help you determine the value of your brain injury case before you accept an insurance settlement.
While an insurance company will do what it can to minimize your financial recovery as a brain injury victim, an attorney will share your goal of obtaining maximum financial compensation for your present and future losses. During a case evaluation, our lawyers at Stone Rose Law will give you an accurate estimate of what your case is worth. Our evaluation will enable us to fight for the amount that you deserve for a brain injury during insurance settlement negotiations. If negotiations don’t achieve fair compensation, we are prepared to go to trial.
All traumatic brain injuries are unique. There is no such thing as an average brain injury case settlement. Some personal injury claims may be worth up to several thousand dollars, while catastrophic brain injuries could be worth $1 million or more. Some factors that can impact the value of your case are the severity of your injury, your prognosis as a patient, how much the injury has impacted your life, your age and overall health, the value of your income-related losses, and the insurance coverage available.
You have already been through enough as a brain injury survivor. Do not take on a legal claim alone. The Chandler brain injury attorneys at Stone Rose Law can help you get through this difficult time. We can answer your legal questions and explore your options in detail during a free case evaluation at our local law office. Contact our legal team online or call (480) 498-8998 today to request your free consultation.