How a Phoenix Brain Injury Lawyer Can Help

Posted on March 15, 2022 in Personal Injury

brain injury

A traumatic brain injury (TBI) can be a permanently disabling and life-altering injury. Not only may you never recover from the effects of a TBI, but you may need lifelong specialized care, which can cause great hardship for your family. You and your family may have a legal claim if your TBI was caused by the negligence of others.

The Phoenix brain injury lawyers at Gallagher & Kennedy, P.A. are dedicated to helping you get the compensation that you deserve in this situation. Contact us at 602-530-8400 to discuss your case.

TBI in America

TBIs are a significant source of disability and death in the United States. The Centers for Disease Control and Prevention (CDC) reports that from 2018-2019, there were more than 610 hospitalizations from TBIs per day and 166 TBI-related deaths per day. Furthermore, the most common causes of a TBI are falls, motor vehicle crashes, and assaults, with accidental falls representing almost half of all TBIs and motor vehicle crashes representing about one-quarter of all TBIs.

Liability for Brain Injuries

The CDC data makes it clear that negligence can often be the cause of TBI. For example, negligent drivers may cause motor vehicle accidents, leading to a TBI and other injuries. Business owners who fail to maintain their premises properly may cause customers to fall and suffer TBIs and other injuries. Companies that fail to monitor and secure parking lots may create situations where people are assaulted and sustain TBIs.

Other common scenarios that might lead to legal liability for brain injuries include the following:

In these situations, TBI victims may have legal claims for compensation against the parties responsible for their injuries stemming from motor vehicle accidents or premises liability. Personal injury attorneys can assist TBI victims in determining whether they have a valid claim for compensation and pursuing the liable parties.

Proving Negligence in Brain Injury Cases

Most brain injury cases are based on a legal theory of negligence or establishing that a person or company was careless in a way that jeopardized the safety of others. If a reasonable and prudent person would have acted differently under the same or similar circumstances, then the party’s action or inaction probably was negligent in some way.

Typically, an injury victim must prove four separate elements of negligence:

  • The party owed a legal duty of care to the injury victim.
  • The party breached or violated the legal duty of care.
  • The breach of the duty of care caused harm to the injury victim.
  • The injury victim suffered damages.

For instance, all drivers have a legal duty to obey traffic laws and drive safely to benefit others. Therefore, when drivers break traffic laws, such as by speeding or running red lights, and cause accidents that lead to injuries, they likely are negligent and liable for the costs of any resulting injuries. A Phoenix personal injury attorney can help you prove that the other party was negligent in causing the incident that led to your TBI and related injuries.

Consult with a Phoenix Brain Injury Attorney and See How We Can Help

The Phoenix brain injury attorneys at Gallagher & Kennedy, P.A. pride themselves on offering legal services for individuals and their families after suffering a brain injury in an accident. We focus all our efforts on getting you compensation for the losses you have suffered due to the negligence of others. Call us today at 602-530-8400 or visit us online for more information about the legal services we offer. We are ready to fight for your rights.