Can I File a Claim for a Brain Injury After a Crash?

Experiencing a brain injury after a car accident can be life-altering, affecting your health, livelihood, and overall well-being. Understanding your rights and the steps to take is crucial in such situations.

Understanding Brain Injuries from Car Accidents

Brain injuries, often referred to as traumatic brain injuries (TBIs), can range from mild concussions to severe brain damage. They may result from direct impact to the head or from the brain being jolted within the skull due to sudden deceleration, common in car accidents. Symptoms can include headaches, confusion, dizziness, memory issues, and in severe cases, long-term cognitive impairments.

Legal Rights in Arizona

In Arizona, if your brain injury was caused by another party’s negligence—such as a reckless driver—you have the right to seek compensation. Arizona follows a pure comparative negligence rule, meaning you can recover damages even if you were partially at fault, though your compensation will be reduced by your percentage of fault.

Recent Case Example

Consider the case of a Phoenix resident who suffered a severe TBI after being rear-ended at a stoplight. The victim faced extensive medical treatments and was unable to return to work. With legal assistance, they filed a claim against the at-fault driver, resulting in a substantial settlement that covered medical expenses, lost wages, and pain and suffering.

Steps to Take After a Brain Injury

1. **Seek Immediate Medical Attention**: Even if symptoms seem minor, it’s essential to get evaluated by a healthcare professional.

2. **Document Everything**: Keep records of medical visits, treatments, and any symptoms experienced. Also, document how the injury impacts your daily life.

3. **Consult a Personal Injury Attorney**: An experienced attorney can guide you through the legal process, ensuring your rights are protected and helping you pursue the compensation you deserve.

Why Choose Hirsch Talcott?

At Hirsch Talcott, we specialize in personal injury cases, including those involving brain injuries from car accidents. Our team understands the complexities of Arizona law and is committed to advocating for our clients’ best interests. We offer a free consultation to discuss your case and work on a contingency fee basis—meaning you don’t pay unless we win your case.

If you or a loved one has suffered a brain injury due to a car accident, don’t navigate this challenging time alone. Contact Hirsch Talcott at 602-903-6000 for a free consultation and let us help you on the path to recovery.