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Brain injuries are often underestimated when they occur, despite being incredibly serious. Whether it’s a mild concussion or a severe blow to the head, these injuries can cause lasting changes that affect nearly every part of a person’s life.
Without proper diagnosis and treatment, even a seemingly minor traumatic brain injury (TBI) can lead to long-term impairments or permanent disability.
If this happens to you or a loved one because of the negligent actions of another, let an experienced Phoenix brain injury lawyer fight for your recovery.
At Tawney, Acosta & Chaparro P.C., our Phoenix brain injury lawyers provide a free consultation to prospective clients and help with every aspect of your case.
Learn how we can assist you today by calling (575) 222-1000 or reaching us online today.
Why Choose Phoenix Brain Injury Lawyers from Tawney, Acosta & Chaparro P.C.?
With brain injuries, it’s essential that you build a strong foundation for your claim. However, this is very difficult if you’re trying to recover at the same time, especially if the injury does significant cognitive damage.
Our brain injury lawyers in Phoenix understand what’s at stake for victims of traumatic brain injury, so we aren’t afraid to aggressively advocate for them.
Using our decades of combined experience and extensive resources, we help manage the different parts of your claim, including but not limited to:
- Collecting evidence from the scene of the incident,
- Contacting potential witnesses for their testimony,
- Calculating the total value of your damages,
- Finding quality medical care for your injuries,
- Negotiating with the defense or insurer on your behalf, and
- Preparing your case for trial if the defendant’s insurance company refuses to settle.
For us, it’s not enough to just push paperwork. Our goal is to provide passionate service while also achieving the best possible outcome for our clients. With recognition from Super Lawyers and The National Advocates, we understand the importance of professionalism, compassion, and results.
Whether your life has forever changed because of a head injury or you’re still learning how serious the effects may be, our Phoenix brain injury lawyer team is ready to step in and guide you with clarity, compassion, and determination.
U.S. Brain Injury Statistics
Traumatic brain injuries are more common than one might think.
According to the Centers for Disease Control & Prevention (CDC), there were more than 64,000 TBI-related deaths in the United States in 2020. This number equates to about 176 fatalities every day.
While suicide is the leading cause of traumatic brain injury deaths, other unintentional incidents lead to injury.
For example, another study from the CDC in 2022 found that 32,638 people died from an unintentional brain injury from 2018 to 2019.
Around a third of these deaths resulted from motor vehicle accidents, while nearly half occurred due to falls.
Are the Statistics for Arizona Any Different?
So, how do the national statistics compare to those of Arizona? Based on data from the Arizona Department of Health Services, about 2.5% of all TBI-related deaths in the country occurred in Arizona.
When broken down into age demographics, children less than one-year-old were the most at risk for a brain injury. However, individuals between the ages of 20 and 24 who suffered TBI had a 17.76% fatality rate, the highest of any age bracket.
In addition, the primary mechanism of injury was slightly different from the national statistics. In Arizona, approximately 50% of auto-pedestrian collisions had a reported TBI during 2020. In contrast, only 33% of falls involved a brain injury.
Based on this data, it’s clear that brain injuries are a common occurrence in both Arizona and the U.S. as a whole. Unfortunately, these injuries often cause lifelong disability for victims.
The seriousness and long-lasting impact suffered after these accidents is why we encourage you to seek the help of a Phoenix traumatic brain injury lawyer if you sustain a TBI due to the negligent actions of another party.
Types of Traumatic Brain Injuries
Not all traumatic brain injuries have the same symptoms. Doctors usually measure brain injuries using the Glasgow Coma Scale or GCS.
Put simply, this 15-point scale tells the doctors how conscious a person is following a TBI incident. The higher the score is, the less severe the injury.
Injuries like concussions typically have a score somewhere between 13 and14, while more severe injuries—particularly those that involve the loss of consciousness—result in a score less than 10.
Some of the most common brain injuries tested for on this scale include:
- Concussions,
- Contusions,
- Brain hemorrhages,
- Hematomas,
- Coup-contrecoup injury,
- Diffuse axonal injury (DAI), and
- Penetrating brain injury.
Treatments for these injuries vary greatly. Some brain injuries simply require some rest and a gradual reintroduction to activities.
However, other brain trauma may require more time and effort just to manage symptoms.
For example, some brain injuries might cause aphasia, a communication disorder that affects one’s ability to speak and understand language. This type of injury often improves with consistent speech therapy and other types of cognitive training.
Potential Damages in a Brain Injury Claim
Although brain injuries vary in severity, a brain injury attorney in Phoenix usually pursues two categories of damages: economic and noneconomic.
In short, economic (also known as specific) damages are financial losses of the victim, while noneconomic (also known as general) damages are emotional and physical losses.
Some examples of potential damages include:
- Current and future medical expenses,
- Lost wages during the recovery process,
- Reduced earning capacity due to job loss or transfer,
- Property damage from the injury-causing incident,
- Mental and emotional anguish from the injury,
- Loss of quality of life and enjoyment, and
- Pain and suffering.
The total value of your claim depends on several factors, such as the seriousness of your injury and its overall impact on your day-to-day life.
This is why we encourage you to speak with a traumatic brain injury lawyer in Phoenix if you have any questions about a potential settlement or judgment.
Statute of Limitations In Arizona
Under Arizona Revised Statutes § 12-542, most personal injury lawsuits, including those involving traumatic brain injuries, must be filed within two years after the cause of action accrues. In general, this means you have two years from the date of your accident or from when the injury was discovered or reasonably should have been discovered.
Arizona also recognizes what is known as the “discovery rule,” which allows the statute of limitations to begin when the injured person becomes aware (or should have become aware) of the injury and its connection to the negligent act. This rule is especially important in brain injury cases, where symptoms may not appear immediately.
For minors or individuals who are legally incapacitated at the time of injury, the clock may not begin running until they reach the age of majority or regain capacity.
If your case involves a government entity, different and much shorter deadlines apply. You must file a notice of claim within 180 days of the injury, and you generally have one year to file a lawsuit.
For anyone seeking a Phoenix brain injury attorney, time is critical. Failing to act within these statutory time limits can permanently bar you from recovering compensation, even if your injuries are severe.
How the Claim Process Works with Phoenix Brain Injury Lawyers
If you’re working with a dedicated team of Phoenix brain injury lawyers, you can expect the following roadmap, although every case is unique.
Step 1: Free Consultation and Case Evaluation
The first step is meeting with a Phoenix brain injury attorney (or team) who will review your incident, medical records, diagnosis of TBI or suspected brain injury, and the other party’s conduct. You’ll discuss your symptoms (physical, cognitive, emotional), treatments, prognosis, and any life-changes you’re experiencing (such as the inability to work or function as you did before).
Step 2: Investigation & Evidence Gathering
Your Phoenix traumatic brain injury attorney will coordinate with medical experts (e.g., neurologists, neuropsychologists, cognitive-rehab specialists) to validate the nature and extent of your injury.
They’ll collect scene evidence such as vehicle logs, security footage (if applicable), toxicology reports, helmets/wearables, witness statements, and signs of any safety violations.
Document your symptoms thoroughly. Keep a daily journal of memory lapses, headaches, mood changes, confusion, fatigue, and sensory issues. These records help your brain injury attorney in Phoenix build a narrative of needed care and life impact.
Step 3: Treatment & Future Care Planning
As brain injuries often require long-term therapy (speech, occupational, vocational), one of your Phoenix brain injury lawyers will assist in connecting you with qualified providers in the Phoenix metro area, documenting your care path thoroughly.
It’s crucial that your legal team coordinate with the medical team to forecast future treatment. This becomes part of your damages calculation and settlement discussions.
Step 4: Demand and Settlement Negotiation
Once the extent of your injuries and future prognosis is clear, your Phoenix brain injury lawyers will issue a demand to the at-fault party (or insurer) that outlines liability, the medical record, your damages (both economic and noneconomic), and the settlement range.
Many cases resolve in settlement, but due to the complexity of TBIs, the negotiation phase can be prolonged; the insurer may dispute the brain-injury diagnosis, argue you will get better, or minimize the life-impact.
Step 5: Trial Preparation (If Needed)
If the insurer refuses to offer fair compensation, your Phoenix brain injury lawyer will file a lawsuit before the statute of limitations expires and prepare for trial. This includes conducting depositions, collecting testimony from experts (in neurology, life care planning, vocational rehabilitation), participating in jury selection, and presenting the human impact story.
Because brain injury cases often involve lifelong changes, juries (and mediators) may respond more strongly to attorneys who can clearly communicate the “before and after” life of the victim.
Step 6: Compensation and Life After
Compensation may cover past medical bills, future therapy, lost wages, diminished earning capacity, pain and suffering, loss of enjoyment of life, and, in catastrophic cases, lifetime care.
A Phoenix brain injury attorney will also advise you on structuring any award or settlement to protect your future, e.g., setting up a trust, preserving Medicaid/Medicare eligibility, and protecting from future costs.
Unique Challenges in Brain Injury Cases: Why Experience Matters
Not all personal injury attorneys are equally equipped to handle brain injury claims. Here are some reasons why you should seek out top-tier Phoenix brain injury lawyers.
Hidden or Delayed Symptoms
A head injury may not show visible scars. Cognitive decline, mood issues, and memory problems may surface weeks or months later. A typical attorney may miss these subtle but significant effects, while a Phoenix traumatic brain injury attorney can anticipate them and build the record early.
Insurance companies may argue you are “fine” or “back to normal” based on physical appearance, meaning your Phoenix brain injury lawyers must marshal expert evidence and life-care planning.
Long-Term Effects & Future Costs
Brain injuries can require lifelong therapy (occupational, speech, vocational), home modification, assistive-technology devices, and diminished capacity to return to prior employment. A Phoenix brain injury lawyer needs to collaborate with economists and rehabilitation experts to forecast these future costs accurately.
Insurers may undervalue brain-injury claims because they focus on immediate bills; a brain injury lawyer in Phoenix can help you accurately account for future losses.
Complexity of Medical Proof
TBIs often involve neuropsychological testing, complex imaging, cognitive-rehabilitation records, and multidisciplinary care. A general attorney may not have the network of experts that a dedicated Phoenix brain injury attorney has.
An advocate who focuses on brain injuries knows how to translate clinical findings into jury-friendly narratives, emphasizing how the injury affects your ability to perform essential tasks and how that ties into compensation.
Insurance & Defense Strategies
Because brain-injury claims are high-value, insurers often deploy aggressive defense strategies: hiring independent neurologists, minimizing the injury severity, and attributing symptoms to aging or prior conditions. A Phoenix brain injury lawyer knows how to anticipate this, rebut defense experts, and negotiate/try the claim at a high level.
How Our Firm Helps You
At Tawney, Acosta & Chaparro P.C., our team of Phoenix brain injury lawyers brings:
- Proven experience handling TBIs and catastrophic brain-injury lawsuits;
- Close relationships with neuropsychologists, life-care planners, vocational rehabilitation experts;
- A holistic approach to supporting your medical recovery and coordinating your legal strategy; and
- Nationwide recognition and a local Phoenix presence so you’re not treated like “just another case.”
Together, these strengths allow us to build compelling cases that fully reflect the long-term physical, emotional, and financial toll of a TBI, while giving you the personal support you deserve throughout your recovery.
Frequently Asked Questions (FAQ)
Here are some of the most common questions our Phoenix brain injury lawyers hear, along with clear answers.
What Is Considered a Traumatic Brain Injury (TBI)?
Arizona law, for school-eligibility purposes, defines a traumatic brain injury as “an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both.”
While that definition is specific to children in educational settings, the same concept applies to adults: a brain injury caused by an external event (blow, impact, penetration) that affects cognition, memory, attention, judgment, or physical function.
When Should I Contact Phoenix Brain Injury Lawyers?
As soon as you suspect a brain injury occurred due to another’s negligence. Early involvement by a Phoenix brain injury attorney preserves evidence (footage, scene conditions, witness statements) and helps keep your medical and legal timelines aligned.
Can a Mild Concussion Still Give Rise to a Brain Injury Claim?
Yes. Even mild traumatic brain injuries can cause persistent deficits (memory problems, mood changes, headaches, sensory issues). A Phoenix brain injury lawyer can evaluate whether your concussion has permanent implications (reduced earning capacity, long-term therapy) and help you avoid being rushed into a settlement that undervalues your future.
What Kinds of Compensation Can I Recover Working with a Phoenix Brain Injury Attorney?
Both economic and noneconomic damages, such as past and future medical bills, therapy, lost wages, diminished earning potential, pain and suffering, loss of quality of life, and emotional distress. Because TBIs often impact your life structure, a Phoenix traumatic brain injury attorney will seek full compensation for your changed life.
What Makes a Phoenix Brain Injury Lawyer Different from a Regular Personal-Injury Attorney?
Brain-injury litigation is highly complex: You need deep knowledge of neurology, life-care planning, vocational rehabilitation, cognitive-rehab therapy, and future-loss calculations. A dedicated brain injury attorney has these resources in-house or on-call and is comfortable managing high-stakes cases where the client’s life may be changed forever.
What Should I Expect from the Legal Process?
Expect an evaluation, gathering of medical records, connecting with expert witnesses, a demand to the insurance company, negotiations, and, if needed, trial preparation. Throughout, your Phoenix brain injury lawyers will keep you informed, coordinate care, and fight for a recovery that reflects your full life impact.
How Will My Medical Recovery Affect My Legal Claim?
Significantly. Your medical record establishes the injury, treatment path, prognosis, and future needs, all of which affect what your Phoenix brain injury lawyer can ask for. That’s why prompt, specialized medical care is so important: Your legal team depends on that documentation to prove life-altering impact.
Is a Settlement Always Better Than Going to Trial?
Not necessarily. While many brain-injury claims settle, your Phoenix traumatic brain injury attorney will evaluate whether the offer fully compensates you for future care, life changes, and lost earning potential. If it doesn’t, you should be prepared to take your case to trial.
Our Phoenix Traumatic Brain Injury Lawyers Are Here for You
If you or a loved one sustains a brain injury due to the negligent actions of another, know that you’re not alone.
At Tawney, Acosta & Chaparro P.C., we understand the consequences of these injuries and the lifetime of complications that come with them. For us, your immediate recovery is just as important as your future comfort.
To schedule a free consultation with a Phoenix brain injury attorney, contact us online or call us at (575) 222-1000 today.