How Is a Traumatic Brain Injury Valued in a Personal Injury Settlement?

Individuals who suffer a traumatic brain injury (TBI) due to another’s negligence have the legal right to seek compensation for medical expenses, lost wages, pain and suffering, and future care costs. The valuation of a TBI in a personal injury settlement depends on various factors, including the severity of the injury, the impact on the victim’s life, and the circumstances of the incident.

Recent Case in Phoenix

In a notable Phoenix case, a rear-end collision resulted in a traumatic brain injury for the victim. The case was settled for $500,000, reflecting the significant impact of the injury on the individual’s life and the associated medical costs. This example underscores the substantial compensation that can be awarded in TBI cases, even in scenarios involving seemingly minor accidents. [Source: Clausen Law Offices]

Arizona Law and Your Rights

Arizona law allows TBI victims to pursue compensation for both economic and non-economic damages. Economic damages cover tangible losses such as medical bills and lost income, while non-economic damages address pain and suffering, emotional distress, and loss of enjoyment of life. Arizona’s pure comparative negligence rule means that even if a victim is partially at fault, they can still recover damages proportionate to the other party’s degree of fault. [Source: Conduit Law]

Statute of Limitations

Under Arizona Revised Statutes § 12-542, TBI victims have two years from the date of the injury to file a personal injury lawsuit. Failing to file within this period can result in the loss of the right to seek compensation. Therefore, it’s crucial to consult with an attorney promptly to ensure all legal deadlines are met.

What To Do Next

If you or a loved one has suffered a TBI due to someone else’s negligence, it’s essential to seek legal guidance to understand your rights and options. At Hirsch Talcott, our experienced personal injury attorneys are dedicated to helping TBI victims secure the compensation they deserve. Attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, bring a wealth of experience to each case. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. [Source: Hirsch Talcott]

For more information on how we can assist you, visit our personal injury attorneys page. To learn more about attorney Chelsie Talcott, click here. For details on our fee structure, visit our fee structure page.

Contact Hirsch Talcott at 602-903-6000 for a free consultation to discuss your case and explore your legal options.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix traumatic brain injury lawyer to understand your options.