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Brain injuries are very difficult to overcome, and when a person suffers a traumatic brain injury (TBI), it can affect every aspect of their life. If you or someone close to you has suffered a TBI in Glendale due to another party’s negligence, it’s important to know that you have legal options available to you. Working with a seasoned personal injury attorney in Glendale who has a proven track record of handling TBI cases is critical to obtaining the assistance and support you require. For legal assistance, contact us today to schedule a free consultation.
TBI is a dangerous condition that occurs when a rapid hit or jolt to the head affects the normal functioning of the brain. These injuries range in severity and can have a variety of acute and long-term consequences. While mild TBI, also known as a concussion, may cause temporary symptoms such as headache, dizziness, or confusion, severe cases can bring about permanent disabilities or even death.
TBIs can happen in a number of ways, the most common being falls, car accidents, and sports-related injuries. No matter how it occurs, the consequences are far-reaching and can dramatically affect a person’s physical, emotional, and cognitive functioning.
The severity of these symptoms usually depends on the location and extent of the brain injury.
Liability refers to the legal responsibility of the party who caused the injury. In a TBI case, the liable party may be an individual, a company, or a government entity. The purpose of determining liability is to determine who is responsible for compensating the victim for their losses, including medical expenses, lost wages, and other damages.
To hold someone liable, you must prove that they were negligent and caused your injuries. Negligence occurs when a person fails to take reasonable care to prevent harm to others and as a result, causes an injury. In a TBI case, negligence can occur in a variety of ways, such as a driver failing to follow traffic laws, a property owner failing to maintain a safe premises, or a manufacturer producing a defective product that causes a head injury.
The four elements of negligence are the key components that must be proven to establish liability in a TBI case. These elements include:
Duty of care: A duty of care is the responsibility of an individual or entity to take reasonable steps to protect others from harm. For example, drivers must abide by traffic laws and drive safely to prevent injury to other people on the road.
Breach of duty: Breach of duty occurs when the defendant fails to uphold the responsibility they have to prevent harm. This can be seen in a driver running a red light and causing a collision, a property owner not maintaining their premises safely, or a manufacturer making and distributing a faulty product that causes head trauma.
Causation: Causation is the connection between a breach of duty and a TBI. For instance, if a driver violates their responsibility to follow traffic laws by running a red light and crashing into someone, there is an established causal link between the breach of duty and the accident and following injuries.
Damages: Damages are the losses suffered by a traumatic brain injury victim as a result of their injury. When seeking compensation, the plaintiff must demonstrate that they actually experienced harm and financial loss due to the injury.
The statute of limitations for personal injury cases in Arizona is two years, which means that the victim has two years from the date of the injury to file a lawsuit.
It is essential to remember that the two-year statute of limitations for personal injury cases can have exceptions. If the defendant is a government entity, for instance, there may be a shorter time period.
Another exception to the two-year statute of limitations occurs when the victim was a minor at the time of the accident. The deadline will not start running until the victim turns 18, at which point they will have two years from that date to file.
It’s essential to seek the help of a Glendale TBI attorney as soon as possible after a brain injury to determine the statute of limitations for your case; if you miss the deadline, you will no longer be able to seek compensation from the responsible party.
If you’ve been involved in an accident and are considering hiring a Glendale traumatic brain injury lawyer, there are many options available to you. However, not all law firms are created equal. Here are just a few of the reasons why Hastings & Hastings should be at the top of your list:
At our firm, we prioritize putting more money in our clients’ pockets. We have an impressive record of success, having recovered millions for our clients in the past. We understand that accidents can cause serious financial hardship, and we strive to help you recover the maximum amount of compensation possible.
With over four decades of service in the Arizona community and a collective 90 years of experience handling various types of personal injury claims, our team is equipped with the expertise and knowledge to effectively handle your case.
The majority of our cases are the result of referrals and repeat clients, a testament to the exceptional level of satisfaction our clients experience with the services we offer. At our firm, you can have confidence in the fact that we will treat you like family and put in tireless effort to secure the best possible outcome for your case.
Contact Hastings & Hastings today to schedule a free consultation and learn more about how we can help you.