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Cruz & Associates is here for those living with brain injuries and their loved ones in Phoenix. Our attorneys aim to secure damages from the people who negligently or wantonly cause brain injuries and protect those who suffered harm as a result.

Many brain injuries are catastrophic. In legal terms, a catastrophic injury is one that affects the victim for life. While not all brain injuries cause permanent damage, many result in lifelong cognitive difficulties, speech impairments, loss of motor function, and other disabilities.

Is Someone Liable for Your Brain Injury?

The most common causes of traumatic brain injuries (car accidents, falls, chemicals, and lack of oxygen) are also common negligence-related incidents. To be eligible for brain injury compensation in Arizona, victims typically must prove negligence. There are a few exceptions to this rule, such as in strict liability dog bite or product claims. Proving someone is liable for your injuries requires the following four elements:

  1. Duty. The negligent party owed you a duty of care. Duties can arise out of reasonable care, someone’s profession, or a relationship between two people. Property owners owe duties to visitors, doctors owe duties to patients, and drivers owe duties to other drivers. The type of duties a defendant might owe you depends upon the circumstances of the accident.
  2. Breach. A breach of duty can refer to any action or inaction that falls outside the defendant’s duties of care to the plaintiff. If someone breaches a duty to you, he or she has been negligent. Negligence is the legal theory upon which most victims base their personal injury claims.
  3. Causation. You must show the defendant’s breach of duty was the proximate cause of your brain injury. If someone or something other than the defendant caused your injury, the defendant will not be liable, even if he or she was negligent in some way. There must be causation between the act of negligence and the accident that resulted in your brain injury.
  4. Damages. Finally, you must show that damages occurred because of the defendant’s breach. “Damages” can include physical pain and suffering, financial losses such as medical bills, and property damage. Proving damages from a brain injury might require expert witness testimony, such as a statement from a brain injury expert.

If you believe you have these four elements, talk with one of our team. You might have grounds to bring a claim against a driver, product manufacturer, property owner, employer, and/or other party. The next step is to discuss your case with an experienced personal injury attorney in Phoenix to find out more.

When to Call Our Attorneys

Brain injuries are incredibly serious. There is no cure, and many people suffer permanent ramifications from their injuries. Swelling in the brain, bleeding in the brain, diffuse axonal injuries from shaking, or lack of oxygen from something like a birth injury can all result in serious brain damage. One might spend hundreds of thousands of dollars in medical costs and lifelong care associated with a brain injury. Even a minor brain injury can result in hospital bills and lost wages from missed time at work.

Whether you or a loved one suffered a minor concussion or permanent brain trauma, contact our lawyers to schedule a free consultation. We believe brain injury victims deserve compensation for lost pay, medical treatments, and loss of quality of life. Learn about your potential legal opportunities during a no-obligation conversation with one of our knowledgeable Phoenix brain injury lawyers. Call  (602) 777-6666 for our Phoenix office. Se habla Español.