Phoenix Brain Injury Lawyer
You May Be Entitled to Compensation
The lawyers at Kamper & Estrada, PLLC understand the seriousness of these injuries and how they can change a person’s life forever. The effects of traumatic brain injury often include physical complications that can require constant attention. The victim could lose their ability to perform basic tasks that most people take for granted. Living on their own or working in the same career field might become impossible. Sadly, a large number of TBIs happen because of another person’s negligence or reckless behavior. In this situation, the victim or their family has the right to pursue compensation through a legal claim or lawsuit.
If your brain injury was caused by someone else’s negligence, you may want to talk to a lawyer. You may be entitled to compensation. At Kamper & Estrada, PLLC, we have helped bring many brain injury cases to court and are prepared to assist you.
Contact the professionals at Kamper & Estrada, PLLC today to schedule a consultation with a Phoenix brain injury lawyer.
Understanding Brain Injuries
A brain injury occurs when the brain sustains damage due to a traumatic event. This can include concussions, contusions, or more severe injuries resulting in cognitive impairments, emotional changes, and physical disabilities.
Detecting Brain Injuries
As soon as the victim, or someone around them, believes a brain injury has taken place, they should seek medical care immediately. It is prudent that traumatic brain injuries are detected as early as possible, so the consequences are reduced.
According to the Center for Disease Control and Prevention, approximately 1.7 million people suffer from a TBI every year. Seventy-five percent of these people had only been diagnosed with a mild concussion. The CDC has also reported that nearly one third of all accidental deaths are the result of a traumatic brain injury.
Common symptoms of a TBI include:
- Loss of consciousness
- Loss of balance
- Tingling on one or both sides of the body
- Vision problems
- Hearing problems
- Persistent headache
- Inability to sleep
If any of the aforementioned symptoms are felt, medical attention should be sought. After which, you should consult a lawyer from our firm for further advice.
Sources of Traumatic Brain Injuries
Determining the cause of the injury will have an important role in the case. This is because it is common for the defense to undermine efforts that essentially implicate their own client as being the liable party. When you have the legal help of a brain injury lawyer, you can feel confident in knowing your rights and interests will be protected. Our brain injury attorneys will ensure your case is thoroughly investigated to a point that no stone is left unturned. We have the necessary resources to call upon, including private investigators, doctors, accident reconstructionists, and expert witnesses. It is our goal to get you every cent you deserve, and nothing less.
We have helped clients recover damages as the result of:
- Car and truck accidents
- Bike accidents
- Motorcycle accidents
- Off road vehicle/boat accidents
- Construction accidents
- Drunk driving accidents
- Sports accidents
- Near drownings
- Slip and falls
- Premise liability accidents
Effects of a Brain Injury
When the brain suffers an injury, it may no longer be able to function the same way. Our experienced lawyers have represented clients whose brain injuries impacted them mentally and physically.
Some of the effects a brain injury can have on a person include:
- Coordination and balance problems: Some people may become less coordinated and have less balance after a brain injury, making many activities more difficult.
- Behavioral problems: If the frontal lobe of the brain gets damaged, it can lead to emotional and behavioral problems. People with this injury may not be able to control their emotions well. These emotional outbursts may negatively affect their relationships with loved ones, make it difficult to find employment, or make it difficult to perform daily activities.
- Cognitive problems: Common post-injury cognitive problems may include memory loss, difficulty paying attention, or difficulty speaking.
Value of a Brain Injury Claim
If you are considering filing a brain injury lawsuit, you might be wondering how much your claim is worth. The truth is that it can vary greatly from case to case. There are a number of factors that can influence the value of your claim, including liability, the cost of your medical bills and lost wages, lost earning capacity, and emotional distress.
During your initial consultation, your lawyer can review the individual factors in your case and determine the approximate dollar value of your claim.
Liability for Brain Injuries
When a brain injury occurs due to the negligence or intentional actions of another party, that party may be held liable for the victim's injuries. Liability in brain injury cases can fall on various parties, including:
Negligent Individuals: Those whose reckless actions directly led to the injury, such as drivers in car accidents or medical professionals in cases of medical malpractice.
Companies or Organizations: If a brain injury occurs due to negligence within a company's operations or premises, they may be held accountable.
Product Manufacturers: Defective products or faulty safety equipment that cause brain injuries may make the manufacturer liable for damages.
Statute of Limitations for Brain Injury Cases in Arizona
In Arizona, there is a statute of limitations for filing brain injury claims. It is crucial to act promptly, as the time limit is typically two years from the date of the injury. The specific time limit can also vary depending on the circumstances of your case. Consulting with an experienced attorney is essential to ensure you file your claim within the applicable deadline. Waiting too long may result in the loss of your right to seek compensation.
Insurance Companies' Strategies to Avoid Liability
Insurance companies often employ tactics to minimize or deny compensation, such as:
Denying Liability: Insurers may dispute the cause of the injury or argue that the victim's actions contributed to their own harm.
Lowball Settlements: Offering inadequate compensation to vulnerable victims.
Claim Denials: Denying valid claims based on legal technicalities.
Downplaying Severity: They may attempt to undervalue the long-term consequences of a brain injury to minimize compensation.
Delaying Settlements: Insurance companies may prolong the claims process to pressure victims into accepting lower settlement offers.
Why Choose Kamper & Estrada, PLLC?
At Kamper & Estrada, PLLC, injury victims count on us for fair and honest legal advice. Guided by our decades of experience and passion for justice, we have built a strong reputation that is recognized throughout the Phoenix community.
Some reasons to consider a lawyer from Kamper & Estrada, PLLC include:
- We listen to your concern and needs.
- We give you honest advice that takes your unique circumstances into account.
- We take the time to understand your goals and legal options.
- We remain in contact with you throughout the case and provide updates as appropriate.
- We make every effort to gain the maximum compensation you deserve.
- If negotiations are unsuccessful, we can take your claim to trial.
As a multi-generational law firm, we are dedicated to helping the people of Arizona. Boasting an AV Preeminent®, 5 out of 5 Peer Review Rating by Martindale-Hubbell®, you can count on us.
We Fight Hard for Our Clients
When you need a lawyer, contact Kamper & Estrada, PLLC for legal advice. We take brain injuries seriously and understand extraordinary efforts may be required to get the most effective results. We treat our clients with compassionate care and not as a number or case file. As soon as insurance adjustors discover we are working on your case, it is not uncommon for them to rethink their strategies. This is because they know we have a tenacious will to get justice and are not scared of the courtroom. We fight hard and as aggressively as necessary on behalf of every client.
If you or a family member has endured a traumatic brain injury because of another person’s wrongdoing, a skilled lawyer can help you get compensation to cover the losses involved. Some of these include:
- Medical care and hospitalization
- At-home caregivers
- Psychiatric care, therapy, and counseling
- Loss of income
- Expenses not covered by insurance
- Travel expenses for necessary transport
- Funeral services
A qualified lawyer can discuss your legal options and get you the compensation you deserve. If you are considering filing for damages, it’s advisable to keep all of your receipts associated with your brain injury treatments. Any other documentation may be useful, so feel free to take pictures or videos of the scene, injuries, or any other relevant factors. It can also be a good idea to ensure your doctor understands any and all pain you are experiencing. Even if it is not severe, a doctor should be informed so they include it in your medical history. More than likely, these records can be evaluated by insurance companies, the court, and our law firm. Due to the statute of limitations associated with brain injuries, the sooner you call a lawyer, the better.
For victims and their family members, any type of brain injury can change their lives. When physical or mental abilities are lost, the victim may need to change their plans for the future, give up some or all of their independence, and lose out on activities they once enjoyed. Apart from brain injuries being physically catastrophic, they are often extremely expensive. Ongoing medical treatment, surgeries, therapy, at-home nursing care, home and car modifications, and rehabilitation are only some things that could be required. When a victim and their family face this financial burden because of another person’s negligence, it may be a smart choice to call upon a skilled lawyer from Kamper & Estrada, PLLC, for help.
To improve your chances of getting a fair settlement for your brain injury, it’s important to set up a consultation with a lawyer. During that meeting, your lawyer will want to find out all the details surrounding your case, such as how you received the brain injury and who might be at fault. Be prepared to answer several different questions about your case and bring any evidence you have that supports your claim, such as medical records and witness statements. Be completely honest with your lawyer and don’t leave any details out.
Also, don’t be afraid to ask a lawyer questions during the consultation. For example, you may want to find out how many brain injury cases they have handled in the past or how long they expect the lawsuit process to take.
At our firm, we offer free, no-obligation consultations to new clients. We also operate on a contingency fee basis, making it easier for our clients to focus on recovering while we focus on obtaining their settlement money.