When Can I Sue for Brain Injuries?

You can sue for brain injuries whenever another party’s negligence or intentional actions cause your brain injury. You generally have two years from the date of injury to file a lawsuit in Arizona. 

Our traumatic brain injury lawyers in Phoenix can help determine if you have grounds for legal action for your brain injury. If we believe you do, we can begin building a case to present to the insurers while you recover. Here’s more about the process.

Do I Have a Brain Injury Case?

You cannot sue for all traumatic brain injuries (TBIs). Only those cases where someone else’s actions caused your brain injury are open for a lawsuit. Our attorneys can evaluate your situation to determine if you have grounds for legal action.

Technically, you can sue for a brain injury anytime after you’ve been hurt. However, before starting, you need to take the time to build a strong case. Most importantly, you need to have proof of negligence or intentional wrongdoing. Having a lawyer gather this for you while you recover is best.

Your lawyer will need to prove these four elements to win your lawsuit:

Duty of Care

The responsible party must have owed you a duty of care at the time of your injury. This means they had a legal obligation to act in a way that would not cause you harm. For example, drivers have a duty to operate their vehicles safely.

Breach of Duty

We must show that the responsible party failed to meet their duty of care. In the case of a driver, this could involve something like running a red light, driving while texting, drunk driving, or any other breach of the rules of the road or Arizona vehicle laws.

Causation

Your brain injury must be directly connected to the breach of duty. We must gather evidence to show that your injury would not have occurred if the responsible party had fulfilled their duty of care. Medical records, police reports, and similar evidence help prove this.

Damages

Finally, we must prove that your brain injury resulted in actual damages that need compensation. These damages can include medical bills, lost wages, pain and suffering, and other losses. These damages may be worth more than you think, and lawyers know how to get more money from insurers.

For a free legal consultation, call 866-499-8989

What Types of Brain Injuries Qualify for a Lawsuit?

Brain injuries range from mild concussions to severe traumatic brain injuries, and all may qualify for legal action if caused by someone else’s negligence. Even a seemingly minor concussion can have lasting effects on your daily life and ability to work. 

The severity of your injury helps determine the compensation you may receive, but even mild cases deserve proper compensation. The severity of the injury does not matter. All that matters is that you suffered legal damages and someone else’s negligence or intentional action caused them.

Diagnostic tests like MRIs, CT scans, and neurological examinations provide objective evidence of your injury’s existence, severity, and sometimes the cause. We can work with medical experts who can explain how your specific type of brain injury will affect your future needs and quality of life.

You Must Sue for Brain Injuries in Time

Arizona’s statute of limitations gives you two years to sue for brain injuries. This deadline typically starts from the date of injury, but exceptions may apply in certain cases. We recommend contacting us promptly to ensure your rights are protected.

Missing the filing deadline usually means losing your right to compensation, even if you have a valid case. This is a deadline set by law, not by the insurance companies. Don’t delay seeking legal help, as building a strong case takes time.

Insurance companies may also impose their own deadlines for filing claims or getting documentation to them. This is sometimes an attempt to delay your case so that the statute of limitations becomes a factor. Don’t let it happen. Instead, hire a lawyer as soon as you can.

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If I Sue for Brain Injuries, Will My Case Go to Trial?

Most brain injury cases settle before reaching trial through negotiations with insurance companies and responsible parties. A settlement often provides faster compensation while avoiding the uncertainty and stress of a trial. However, our attorneys prepare every case as if it will go to trial to strengthen our position.

Some cases require you to sue for fair compensation, especially when insurance companies refuse reasonable settlements. We have extensive trial experience and will explain your options clearly if your case reaches this stage. 

The trial process takes longer, but it may result in higher compensation. We handle all aspects of trial preparation, including gathering evidence, securing expert testimony, and presenting your case effectively to a jury. 

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Contact Our Brain Injury Attorneys Today

Brain injuries can have devastating effects on your life and future, but you can sue for brain injuries as soon as you can contact a lawyer. At Zanes Law, we’ve recovered millions for our clients, including many with brain injuries.

Contact our Phoenix personal injury lawyers today for a free consultation about your brain injury case. We’ll evaluate your situation and explain your legal options clearly, including if you can sue for your brain injury and when you can do it.

Call or text 866-499-8989 or complete a
Free Case Evaluation form

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