CALL (800) 863-5312 today for a free consultation with a head injury attorney in Tempe
Brain injuries can have incredibly grave consequences and can require intensive and expensive long-term care. If you or a loved one has suffered from a brain injury at the hands of another person’s negligence, call Zinda Law Group today at (800) 863-5312 and schedule a meeting for a free case evaluation. Our experienced brain injury lawyers are proud to include brain injury law as one of our many practice areas and are eager to help you and your family get back on track.
THE INS AND OUTS OF head injury litigation
At Zinda Law Group, we understand that filing a lawsuit after you have experienced a brain injury can feel like a very overwhelming task, but our head injury lawyers are here to walk you through every step of the process. Here we offer answers to a few questions you probably have right off the bat, but remember that our Tempe injury lawyers are just a phone call away for any other answers you may need.
What Is Persistent Post-Concussive Syndrome?
Concussions are mild traumatic brain injuries that occur after a head injury. When someone who has experienced a concussion develops various symptoms following the injury, they may be diagnosed with having post-concussive syndrome.
- Blurry vision
- Ringing in ears
- Sensitivity to noise and light
- Memory or concentration difficulties
Some experts believe that these symptoms are created by structural damage to the brain or disruption to the nerve messaging system, whereas others believe that these symptoms are psychological. Regardless, experiencing these symptoms can be incredibly frustrating and disrupting to your life.
When Do These Symptoms Occur and How Long Do They Last?
For most people, these symptoms can start to appear within a week to ten days after the head injury. So, if you have had a head injury in the past few days, you should keep an eye out for the above-mentioned list of symptoms.
Although these symptoms generally taper off after three months, some people can experience these symptoms for a year or even longer. Treatment after a concussion may not be able to get rid of these symptoms, but it can certainly help you effectively manage them.
If I Have Post-Concussion Syndrome, What Kind of Legal Claim Might I Have?
Depending on the facts of your case, you may have a negligence claim. In order for you to have a potential claim, you must have suffered your head trauma as a result of another person’s negligence, meaning they failed to act in accordance with reasonable care in those circumstances.
The defendant in your case—meaning the tortfeasor who caused you harm—can be different players. Sometimes it may be a person who directly hurt you; other times it could be a person who failed to prevent you from injuring your head or gave you inadequate medical advice after you did.
What Do I Have to Prove to Be Successful?
To be successful in a negligence claim, the attorney for the injured party needs to prove four elements:
- Duty: The attorney must prove that the tortfeasor (the person who caused you harm) had a duty of care, meaning a legal obligation, to exercise reasonable care to prevent others from being harmed. For example, your doctor owes you a duty of care to act in a way that a reasonable doctor with similar experience and skills would in the same or similar circumstances.
- Breach of Duty: The attorney must then prove that this established duty was breached; this means they must prove that the tortfeasor did not act with reasonable care. For example, if your doctor failed to prescribe you a treatment that a reasonable and equally trained doctor would, then that is probably a breach of their duty of care.
- Causation: If the injured party’s harm would have happened anyway or just wasn’t directly caused by the tortfeasor’s negligence, then the injured party does not have a successful claim. Thus, the attorney for the injured party must establish that the tortfeasor’s actions are what directly caused the injury.
- Damages: In order to be awarded damages (compensation), you need to be able to show damages; this means you need to be able to show how you were financially and emotionally harmed.
Establishing these four elements can be extremely difficult, which is why it is so important for you to call an experienced brain injury attorney in Arizona near you today. An experienced attorney can explain these elements to you and help you determine whether they could be proven in your case.
What Kind of Compensation Might I Receive?
If you are successful in your lawsuit, you can generally expect to recover two types of damages: economic and non-economic. Economic damages cover the expenses that are easy to quantify, such as the medical expenses you paid and the time off work that you had to take. Non-economic damages refer to compensation for things that are more difficult to quantify, such as pain and suffering.
What is a Concussion?
A concussion is the mildest form of a traumatic brain injury. There are two ways that a concussion can take place: (1) from a bump, blow, or jolt to a head; or (2) from a hit to the body that causes the head and brain to move back and forth, which creates chemical changes in the brain. Although they are known to be the mildest brain injury, that is only because they are generally not life-threatening, but they should nonetheless always be taken very seriously.
What Are the Common Causes and Risk Factors of Concussions?
There is an infinite number of ways that a person can become concussed, but some common causes are:
- Contact sports
- Motor vehicle accidents
- Bicycle accidents
- Slip and falls
- High-risk activities without proper safety equipment or supervision
If a person engages in the activities listed above, they are likely to be more at risk of getting a concussion. Some other risk factors are:
- Having had a previous concussion
- Being a victim of physical abuse
- Being younger than 24 or older than 75
- Historically experiencing migraines
- Propensity to engage in risky behavior
What Should I Do If I Think I Have a Concussion?
Although generally not fatal, concussions can be life-disrupting and uncomfortable. If you have recently experienced a head injury you should take the following steps to take care of your health and preserve any legal claim you might have:
1. Seek immediate medical treatment. If you hurt your head while playing a sport or participating in some other activity, do not continue until you are evaluated by a doctor. It is important to seek medical treatment to make sure that it is a concussion and not a more serious traumatic brain injury, for, if a more serious brain injury is left untreated, it can have dangerous consequences.
2. Refrain from driving, operating machinery, or being alone for 24 hours. During this time period following an injury, you may experience slowed reaction times which can make driving or other hazardous activities dangerous. You are also at risk of losing consciousness, which is why it is so important to keep company nearby.
3. Document your symptoms and, if necessary, keep in touch with your medical provider. Concussion symptoms vary greatly, and sometimes you may overlook a symptom or forget about it once it passes. If later on you are eligible for a lawsuit, it may be difficult for you to recollect all of the struggles you had. This is why it is so important to keep track of the symptoms you experience and to report those that are more serious to your doctor.
4. Avoid certain activities and environments. You should stay away from looking at screens and participating in activities that require intense focus; you should also avoid subjecting yourself to bright lights and loud noises. Studies show that these hazards can slow down your recovery immensely. If avoiding these activities requires you to take time off of work, be sure to document that.
5. Call an experienced brain injury lawyer in Arizona. Although when we normally hit our heads, we may not immediately think to call a lawyer, it may be in your best interest to change that line of thought. An experienced Tempe injury lawyer can help you assess whether you have a legal claim and can ensure that you take the steps necessary to best prepare yourself for success in a lawsuit. In Arizona, a plaintiff only has two years from the date of the injury to file a suit; thus it is important to pick up the phone sooner rather than later.
Don’t WAIT; CALL ZINDA LAW GROUP TODAY
There is no better time than now to face the hardships that have been thrown your way and take back control of your life; that is what our head injury lawyers are here to help you do. We understand how traumatizing head injuries can be and the long-lasting consequences they can have. At Zinda Law Group, it is our goal to help you recover the compensation you deserve, and our experienced Tempe injury lawyers know how to make that happen.
We also understand that you have already struggled enough financially, which is why we offer free consultations and promise to not charge you a dime unless we win your case. That is our “No Win, No Fee Guarantee.” Call (800) 863-5312 today to speak with an experienced head injury lawyer and take advantage of your 100% free consultation.
Meetings with attorneys are available by appointment only.