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Call For A Free Consultation(602) 345-1818
By Jared J. Pehrson | Impact Legal Car Accident Attorneys. Updated January 2026.
If you’re reading this, you or someone in your family probably just got diagnosed with a traumatic brain injury, or you’re starting to suspect one. You want to know three things: what happens next, what your case could be worth, and who pays for treatment that could last years. This page answers all three from the perspective of a Phoenix brain injury lawyer who handles these cases.
Brain injury claims are different from other injury claims. The medical evidence is harder to read. The defense playbook leans heavily on causation and pre-existing conditions. Future-cost numbers in a moderate or severe TBI case can reach seven figures. And a clean CT scan in the ER does not rule out a real brain injury, even though insurance carriers routinely point to one and deny the claim on that basis.
If you want to skip ahead and talk to us, call (602) 345-1818. Free case review.
A TBI case isn’t won by filing paperwork. It’s won by stacking medical, biomechanical, and economic evidence into a record the insurance carrier has to take seriously. Here’s what our team does on a brain injury file:
We don’t take on a brain injury case to push it through a volume pipeline. Jared handles these personally.
The Glasgow Coma Scale (GCS) is the standard tool ER doctors use to grade a brain injury at the moment of presentation. It scores three things: eye opening, verbal response, and motor response. The total runs from 3 to 15.
Severity grading matters because it drives case value. A severe TBI with documented permanent impairment is a catastrophic-injury case with significant future-care needs. A mild TBI with full neurocognitive recovery is a different conversation. Insurance companies know the difference and will work to recategorize a moderate case as mild if the medical record gives them any opening.
That’s why the ER record matters. Get the GCS documented. Get the loss-of-consciousness duration documented. Get every symptom listed. If the ER missed it, the follow-up neurologist visit becomes the anchor instead.
Brain injuries are proven with imaging, neuropsych testing, and physician opinion. The imaging side breaks down into four common studies:
Here’s the trap: a normal CT scan in the ER is a common reason a legitimate TBI claim gets undervalued. The defense will point to the clean scan and argue there’s no objective injury. That argument can be countered when we put a neuropsych battery, persistent symptoms documented across multiple visits, and (where warranted) advanced imaging into the record. The CDC and peer-reviewed neuro literature recognize that mild TBI frequently presents with normal CT findings. We make sure the jury hears that.
Causation is where many brain injury cases are won or lost. The defense rarely argues “there was no crash.” They argue “the crash didn’t cause this cognitive deficit.” Their three favorite alternatives:
We counter each one with specific evidence:
Under Arizona law, you must prove the at-fault party owed a duty of care, committed a breach of duty, and that the breach caused your injury. Causation is the legal pivot in a TBI claim. Get it right and the damages discussion opens up. For the broader framework, see our page on negligence.
For a moderate or severe TBI, future medical care is often the largest component of the claim. Past medical bills might be $80,000. Future care over decades can be many multiples of that.
We build the future-cost calculation with a life-care planner, typically a registered nurse with certified life-care-planning credentials. The planner reviews every medical record, interviews treating physicians, and produces a written plan that itemizes:
Each line item gets a frequency, a unit cost, and a duration. An economist then takes the planner’s report and reduces the future costs to present value, accounting for medical inflation and discount rates. That present-value number is what we present to the insurance carrier and, if needed, the jury.
Arizona Rules of Evidence require expert testimony to introduce future-medical-cost projections. You can’t just hand the jury a spreadsheet. The planner and economist have to qualify as experts and explain their methodology. We line that up well before mediation.
For background on how this fits into the broader damages framework, see our pages on economic damages, non-economic damages, and the pain and suffering component.
Many states have legislatively imposed caps on non-economic damages. Arizona does not, and the reason matters for catastrophic TBI cases.
Article II § 31 and Article XVIII § 6 of the Arizona Constitution prohibit the legislature from limiting the amount of damages recoverable for personal injury or wrongful death. Arizona courts have consistently enforced this protection. The practical effect: a jury verdict in a brain injury case isn’t artificially capped by statute the way it would be in many neighboring states.
This matters most when the future-medical-cost number is large, when the impairment is permanent, or when punitive damages are in play (drunk driving, commercial trucking violations, egregious conduct). The full value of the case can be pursued without a statutory ceiling at the end.
We see TBI claims arising from:
Each cause changes the legal analysis. A truck crash brings in federal motor carrier regulations and corporate defendants. A premises fall brings in property-owner duty of care. A construction injury can layer workers’ compensation on top of a third-party claim. The investigation has to be tailored to the mechanism.
Most of the brain injury cases we handle started as a car crash. The mechanism matters because it tells the biomechanical story:
When the mechanism matches the diagnosis, the case is more defensible.
Pediatric brain injuries follow different rules.
Symptoms present differently. A toddler can’t describe a headache or memory problem. Watch for changes in feeding, sleep, mood, balance, school performance, and loss of interest in previously favored activities. Regression of learned skills (toilet training, vocabulary) after a head injury is a red flag.
The medical workup looks different. Pediatric neurologists, pediatric neuropsychologists, and developmental specialists take the lead. Long-term tracking matters more, because the full impact of an injury on a developing brain may not surface for years.
The legal timeline is different. Under A.R.S. § 12-502, the two-year personal injury statute of limitations is tolled for minors until the child reaches the age of majority. For most standard personal injury claims, that gives a minor until two years after their 18th birthday to file suit. Important caveat: this tolling rule does not extend the 180-day notice-of-claim deadline for claims against state or municipal government entities under A.R.S. § 12-821.01. If a government entity is involved (a public bus, a city vehicle, an injury on public property), the 180-day notice must still be evaluated and acted on promptly, regardless of the injured person’s age. Do not wait. Evidence disappears, memories fade, and witnesses move. The case is generally stronger when investigated quickly, even if the filing deadline is years out.
Compensatory damages in a Phoenix TBI case typically include:
In cases involving drunk driving, gross negligence, or other egregious conduct, punitive damages may be available on top of compensatory damages. Punitives are not awarded in every case. They require clear and convincing evidence of an evil mind or conscious disregard for safety.
Case value depends on injury severity, treatment history, liability proof, available insurance, and how well damages are documented. We don’t quote ranges before reviewing the file.
Arizona uses pure comparative negligence under A.R.S. § 12-2505. If you’re 30% at fault for the crash, your recovery is generally reduced by 30%, but you can still recover. There is no automatic bar based solely on the percentage of fault. There is, however, an important exception in the statute: a plaintiff who intentionally, willfully, or wantonly caused or contributed to the injury is barred from recovery. That exception aside, the general rule is proportional reduction rather than elimination.
Insurance adjusters use comparative fault aggressively. They’ll try to shift a share of liability onto you based on speed, lane position, attention, or anything else they can argue. In TBI cases there’s an added wrinkle: clients sometimes have memory gaps about the crash itself. The adjuster will look for ways to use that. Don’t give a recorded statement on your own. Let us handle the communications.
For a deeper walkthrough, see Arizona’s comparative negligence rule.
Arizona’s personal injury statute of limitations is two years from the date of injury under A.R.S. § 12-542. Miss that deadline and the claim is generally barred.
Three issues matter for TBI cases:
Do not rely on exceptions. Calendar the earliest possible deadline and act well before it.
We handle brain injury cases on a contingency fee. No attorney’s fees unless we recover for you. Case costs and the fee percentage are set out in the written representation agreement before any work begins. Nothing is owed upfront.
Yes. A clean CT scan does not mean you don’t have a brain injury. CT imaging in the ER is designed to catch life-threatening structural damage (bleeds, fractures, large contusions). It can miss many mild TBIs. These cases can be proven with neuropsychological testing, neurologist opinion, MRI or DTI where indicated, and consistent symptom documentation across multiple providers over time. The “normal CT” defense is common and often beatable with the right workup.
Timing depends on three things: how long it takes for the medical picture to stabilize, how complex the liability and damages issues are, and whether the insurance carrier negotiates in good faith. Some TBI claims resolve within a year. Others, particularly those involving potential permanent impairment, may require waiting until the client reaches maximum medical improvement before the full value of the case can be calculated. Settling before the long-term picture is clear can be a costly decision, which is why we walk every client through the trade-offs in plain English.
Common symptoms include loss of consciousness (even briefly), confusion, memory loss, headache, dizziness, nausea, vomiting, slurred speech, ringing in the ears, blurry vision, light or sound sensitivity, sleep disruption, mood changes, anxiety, and depression. In children, watch for excessive crying, feeding or sleep changes, regression of skills, and loss of interest in favorite activities. Symptoms can appear hours or days after the accident. If you suspect a brain injury, get evaluated by a medical professional promptly.
Two years from the date of injury under A.R.S. § 12-542 for most personal injury claims. The discovery rule may extend the clock if the brain injury was not reasonably discoverable at the time of the accident. Minors generally get the clock tolled under A.R.S. § 12-502 until they reach the age of majority. Claims against state or municipal government entities require a written notice of claim within 180 days under A.R.S. § 12-821.01, and that 180-day deadline applies even where minor tolling would otherwise apply.
Generally yes, under Arizona’s pure comparative negligence statute, A.R.S. § 12-2505. Your recovery is reduced by your percentage of fault rather than barred outright. The statute does contain an exception for conduct that is intentional, willful, or wanton. Insurance adjusters will push hard to inflate your share of fault. Don’t negotiate that part of the case on your own.
No, and most TBI clients should not until they’ve spoken with an attorney. Recorded statements are designed to lock you into a version of events that may not match what you later discover about your injuries. In TBI cases this is especially risky because cognitive symptoms can affect memory and articulation in the days after the crash. Anything you say can be used to reduce your recovery later.
If you or a family member is dealing with a brain injury after a crash, fall, or other incident in Phoenix, talk to us before talking to insurance. We’ll review the medical records, the police report, and the policy limits at no charge and give you a straight read on whether you have a case worth pursuing.
Free case review: (602) 345-1818. We answer 24/7. No attorney’s fees unless we recover. Case costs and fee terms are spelled out in the written agreement.
For broader questions about Arizona personal injury claims, see our