TBI Injury Lawyer Tempe, AZ
Brain injuries are among the most difficult personal injury cases to handle because so much of the damage is invisible. A broken bone shows up on an X-ray. A TBI may not show up on a standard CT scan, and yet it can change the way a person thinks, remembers, communicates, and functions for the rest of their life.
Our Tempe, AZ TBI injury lawyer at Wyatt Injury Law has over 10 years of experience representing brain injury victims in Arizona. We take TBI cases on contingency, meaning you owe us nothing unless we get results.
Why Choose Wyatt Injury Law for TBI Cases in Tempe, AZ?
An Attorney Who Understands Brain Injury Claims
Justin L. Wyatt has handled brain injury cases throughout Arizona for more than a decade. He graduated from the Sandra Day O'Connor College of Law at Arizona State University and has focused his entire practice on representing injured people. His background includes membership in the Arizona Trial Lawyers Association and the American Bar Association, and he was recognized with a Top 10 Jury Verdict in 2021.
TBI claims require an attorney who can work with neurologists, neuropsychologists, and rehabilitation specialists to establish the full extent of the injury. Insurance companies regularly try to downplay brain injuries, especially so-called "mild" TBIs and concussions, because the effects aren't always visible on standard imaging. We build cases that document every symptom, every limitation, and every dollar our clients will need going forward.
Results That Reflect Our Commitment
Wyatt Injury Law has recovered millions of dollars for injured clients across Arizona. Brain injury cases involving catastrophic outcomes often result in substantial recoveries because the long-term costs of a TBI, including cognitive rehabilitation, occupational therapy, and lost earning potential, can be enormous.
We also handle TBI cases that arise from car accidents, pedestrian collisions, truck crashes, and motorcycle wrecks in Tempe and throughout Arizona. As a personal injury lawyer in Tempe, AZ, Justin understands the medical and legal complexities that set brain injury cases apart from other claims.
Contingency Fee Representation
You will not pay any legal fees upfront for a TBI case. Our contingency fee structure means we get paid when you get paid. It's that straightforward. We advance all case costs, including fees for medical records, medical professionals, and accident reconstruction if needed. The financial risk is ours, not yours.
⭐⭐⭐⭐⭐ "Justin and his team were very precise and professional in handling my case, going with them is the best decision I've made in awhile." – Gaming Cat
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Types of TBI Cases We Handle in Tempe
Traumatic brain injuries can result from virtually any accident where the head sustains impact or the brain is subjected to sudden acceleration and deceleration forces. We handle TBI claims stemming from a wide range of circumstances.
- Concussions and post-concussion syndrome. Even a so-called mild TBI can produce headaches, memory problems, light sensitivity, and cognitive difficulties that persist for months or years. Delayed symptoms are common with concussions.
- Moderate to severe TBIs. Injuries that cause bleeding, bruising, or swelling of the brain often require emergency surgery. Survivors may face permanent cognitive, physical, and emotional changes.
- Brain bleeds. Subdural hematomas, epidural hematomas, and subarachnoid hemorrhages are life-threatening conditions that can develop hours or days after the initial trauma.
- Diffuse axonal injuries. When the brain shifts and rotates inside the skull during a high-speed crash, nerve fibers can tear. These injuries are often devastating and difficult to detect on conventional CT scans.
- Second-impact syndrome. Individuals who return to activity too soon after a first concussion risk a second brain injury that can cause rapid, severe brain swelling. This is particularly relevant in cases involving younger victims.
- Pedestrian accidents. Pedestrians struck by vehicles frequently suffer head injuries because there is nothing between them and the pavement or the vehicle itself.
- Hit-and-run accidents. When the at-fault driver flees, identifying and holding them accountable adds a layer of complexity to an already difficult case.
- Workplace and construction accident TBIs. Falls from heights, falling objects, and equipment malfunctions cause TBIs on job sites across Tempe.
Arizona Legal Requirements for TBI Cases
Arizona law sets several rules that directly impact brain injury claims. Knowing these deadlines and standards is essential.
You have two years from the date of your brain injury to file a lawsuit under A.R.S. § 12-542. However, brain injuries can present a unique challenge because symptoms sometimes emerge weeks or months after the initial accident. Arizona's discovery rule may extend this deadline in certain situations, but you should not rely on that possibility. Consulting with an attorney early protects your rights.
Arizona's pure comparative negligence rule under A.R.S. § 12-2505 means your recovery is reduced by whatever percentage of fault is assigned to you. But even if you bear some responsibility for the accident, you can still pursue compensation. If a jury finds you 15% at fault and your TBI damages total $500,000, you'd still recover $425,000.
Claims against government entities, which can arise if a dangerous road design or poorly maintained infrastructure contributed to your accident, must follow the notice of claim requirements of A.R.S. § 12-821.01. That gives you only 180 days from the incident. The CDC recognizes TBI as a significant contributor to death and disability in the U.S., which underscores why these cases deserve serious attention and prompt legal action.
It's also worth noting that TBI cases often involve pre-existing conditions that the defense will try to use against you. If you had prior concussions or a history of headaches before the accident, the insurance company may argue that your current symptoms aren't related to the crash. Arizona law doesn't allow defendants to avoid liability simply because the victim was more susceptible to injury. The "eggshell plaintiff" doctrine means the at-fault party takes the victim as they find them. But proving that distinction requires a lawyer who knows how to present medical evidence effectively and who has experience working with neurologists and rehabilitation specialists who can connect the TBI directly to the accident.
What Damages Are Recoverable in a Tempe TBI Case?
Brain injuries frequently result in the highest damage awards of any personal injury case because of their long-term, often permanent, effects.
Economic damages include all medical costs related to the TBI. Emergency treatment, hospitalization, neurosurgery, diagnostic imaging, cognitive rehabilitation, speech therapy, occupational therapy, and ongoing medication costs all fall into this category. If you need a full-time or part-time caregiver, those costs are included. Lost wages and lost earning capacity are also recoverable. A TBI that prevents you from returning to your former career can mean hundreds of thousands of dollars in future income that you'll never earn.
Non-economic damages cover the ways the injury has diminished your quality of life. Chronic headaches, mood changes, anxiety, depression, difficulty concentrating, memory loss, and personality changes all have a measurable impact on how you experience daily life. Arizona law recognizes the value of pain and suffering in these cases, and there is no statutory cap on what a jury can award.
Punitive damages may apply if the responsible party acted with extreme recklessness. Driving drunk, texting at high speed, or knowingly operating an unsafe commercial vehicle are examples of conduct that could warrant punitive damages. These are awarded to punish the wrongdoer and deter similar behavior.
The way a TBI case is valued differs significantly from other injury claims. Because brain injuries often worsen over time, or because the full scope of the cognitive and emotional impact takes months or years to become clear, it is important not to settle too early. Settlement delays happen for many reasons, but in TBI cases, waiting until the medical picture is complete is usually in the client's best interest. We advise our clients on timing and make sure no settlement is accepted before we understand the full extent of the damages.
Contact Wyatt Injury Law
A brain injury can alter the course of your life in ways that aren't immediately apparent. The full scope of a TBI often becomes clearer over time, which is why early legal representation matters.
We provide free consultations for TBI injury cases in Tempe, AZ. No upfront costs. No fees unless we win your case. We will review your medical records, assess the strength of your claim, and explain what comes next.
Contact us today. Wyatt Injury Law is here to help you pursue the compensation you need after a traumatic brain injury in Tempe.