Phoenix Brain Injury Lawyer

A traumatic brain injury can change everything in an instant — your ability to work, to think clearly, to remember, to be yourself. Unlike a broken bone that heals in weeks, a brain injury can affect every part of your life for months, years, or permanently.

If you or someone you love suffered a TBI due to another person’s negligence, Leon Law, PLLC can help. Attorney Jose Leon has over 14 years of experience representing seriously injured people across Phoenix and Maricopa County, and he understands the unique challenges TBI cases present. Every case is handled on a contingency fee basis — you pay nothing unless we win.

Call (480) 269-1083 today for a free case review, or submit your information through our free case review form.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs when a sudden blow, jolt, or penetrating force to the head disrupts normal brain function. TBIs range widely in severity:

• Mild TBI (Concussion): Brief or no loss of consciousness (under 30 minutes), confusion lasting less than 24 hours. The word “mild” is misleading — even a mild TBI can cause persistent symptoms for weeks or months.
• Moderate TBI: Loss of consciousness lasting 30 minutes to 24 hours, confusion lasting up to 7 days, often with abnormalities on brain imaging. Usually requires hospitalization and extended rehabilitation.
• Severe TBI: Loss of consciousness or coma exceeding 24 hours, memory loss beyond 7 days, typically visible on imaging. Can result in permanent impairments and may require lifelong care.

According to the CDC, there were approximately 214,110 TBI-related hospitalizations in the U.S. in 2020 and 69,473 TBI-related deaths in 2021 — more than 190 TBI-related deaths per day. An estimated 5.3 million Americans currently live with a TBI-related disability.

The Long-Term Impacts of Traumatic Brain Injury

What makes TBI so devastating is that it can affect virtually every aspect of a person’s life:

• Cognitive: Difficulty with memory, concentration, attention, processing speed, judgment, and communication
• Emotional and behavioral: Depression, anxiety, irritability, mood swings, personality changes, social withdrawal, and relationship strain
• Physical: Chronic headaches, dizziness, fatigue, seizures, vision and hearing problems, and sleep disorders
• Financial: Inability to work (temporarily or permanently), ongoing medical and rehabilitation costs, need for in-home assistance, and loss of earning potential

These effects ripple outward, placing enormous stress on spouses, children, parents, and caregivers.

Common Causes of TBI in Phoenix

Traumatic brain injuries result from many types of accidents. The most common causes in the Phoenix area include:

• Car accidents — Motor vehicle crashes are the leading cause of TBI-related hospitalizations among working-age adults. High-speed collisions on Arizona highways and urban intersections frequently cause head trauma.
• Motorcycle accidents — With 219 motorcycle fatalities and 2,503 injuries statewide in 2024, motorcycle crashes are a significant source of brain injuries.
• Pedestrian accidents — When a pedestrian is struck by a vehicle, the head often hits the car, the ground, or both. Arizona recorded 263 pedestrian fatalities in 2024.
• Falls — Slip-and-fall and trip-and-fall accidents are among the leading causes of TBI, especially in workplace, commercial, and construction settings.
• Trucking accidents — The size and weight of commercial trucks mean any collision carries a high risk of catastrophic head injury.
• Workplace and construction accidents — Falling objects, falls from heights, and equipment-related impacts cause serious head injuries on job sites.
• Assaults — Intentional acts of violence, including assaults and domestic violence, are a recognized cause of TBI.

Symptoms to Watch For After a Head Injury

TBI symptoms do not always appear immediately. Some develop hours, days, or even weeks after the initial injury. If you or a loved one experienced a blow to the head, watch for:

Immediate symptoms: loss of consciousness (even briefly), confusion, headache, nausea or vomiting, dizziness, blurred vision, and ringing in the ears.

Delayed symptoms (hours to weeks later): persistent or worsening headaches, memory problems, difficulty concentrating, mood changes (irritability, depression, anxiety), sleep disturbances, sensitivity to light and sound, difficulty finding words, and personality changes noticed by family members.

Seek emergency care immediately if you experience seizures, repeated vomiting, clear fluid draining from the nose or ears, one pupil larger than the other, extreme drowsiness, loss of coordination, or slurred speech.

The delayed nature of many TBI symptoms is one reason these cases are so complex — and so important to document from the very beginning.

Why TBI Cases Are Complex

Brain injury claims are among the most challenging personal injury cases for several reasons:

• Hidden injuries — Unlike a broken bone on an X-ray, mild and moderate TBIs may not appear on standard imaging. Advanced testing such as neuropsychological evaluations, diffusion tensor imaging (DTI), or functional MRI may be needed.
• Delayed symptoms — Insurers may argue delayed symptoms are unrelated to the accident. Thorough medical documentation from the date of injury is critical.
• Massive lifetime costs — Severe TBI can require decades of treatment, therapy, and personal assistance. Research estimates lifetime medical costs for severe TBI at $600,000 to $1.8 million or more per case. The CDC estimates annual U.S. healthcare costs for nonfatal TBIs exceed $40.6 billion.
• Expert testimony — TBI cases typically require testimony from neurologists, neuropsychologists, rehabilitation specialists, vocational experts, and life-care planners.
• Insurance company tactics — Insurers routinely minimize TBI claims, especially for “mild” TBIs, arguing the victim has recovered or that symptoms are exaggerated. Experienced legal representation is essential.

Types of Compensation for Brain Injury Victims

TBI victims and their families may be entitled to significant compensation, including:

• Medical expenses — Emergency care, hospitalization, surgery, neurological treatment, medication, and ongoing appointments
• Rehabilitation costs — Physical therapy, occupational therapy, speech therapy, cognitive rehabilitation
• Lost wages and diminished earning capacity — Income lost during recovery and reduced future earning potential
• Pain and suffering — Physical pain and emotional anguish of living with a brain injury
• Loss of quality of life — When TBI prevents you from enjoying activities, relationships, and experiences you valued
• Caregiver and in-home assistance costs — Professional or family caregiving that TBI patients often require
• Disability accommodations — Home modifications, assistive technology, and specialized equipment
• Wrongful death damages — If a TBI proved fatal, surviving family members may pursue funeral costs, loss of companionship, and financial support

TBI Severity: What It Means for Your Claim

Given the enormous lifetime costs of TBI care, any settlement or verdict must account for future needs — not just current medical bills.

Why Experienced Legal Representation Matters for TBI

Brain injury cases demand an attorney who understands both the medicine and the law. At Leon Law, PLLC, we:

• Work with medical experts, neuropsychologists, and life-care planners to document the full extent of your injury
• Calculate lifetime damages — future medical care, lost earning capacity, and quality-of-life impacts
• Counter insurance tactics designed to minimize or deny your TBI claim
• Handle all communication with insurers and opposing counsel so you can focus on recovery
• Take cases to trial when fair settlement offers are not made

With 14+ years of experience and a deep understanding of brain injury cases, Jose Leon fights to secure the full, fair compensation TBI victims deserve.

Arizona’s Statute of Limitations for Brain Injury Claims

Under A.R.S. § 12-542, you generally have two years from the date of injury to file a TBI lawsuit in Arizona. Because of the discovery rule, the clock may start when the brain injury is diagnosed or reasonably should have been discovered — which matters in cases where symptoms are delayed.

For claims against government entities, you must file a notice of claim within 180 days under A.R.S. § 12-821.01. For children, the statute of limitations is tolled until they turn 18 (A.R.S. § 12-502).

Do not wait. TBI cases require extensive investigation, expert consultation, and thorough medical documentation. The sooner you contact an attorney, the stronger your case will be.

Frequently Asked Questions About Brain Injuries

What is the difference between a concussion and a traumatic brain injury?

A concussion is a type of mild traumatic brain injury. All concussions are TBIs, but not all TBIs are concussions. A concussion typically involves brief confusion or loss of consciousness and often resolves within weeks, while moderate and severe TBIs can cause lasting cognitive, physical, and emotional impairments. Even a “mild” concussion should be taken seriously, as repeated concussions or complications can lead to long-term problems.

How do I prove a brain injury if my CT scan or MRI looks normal?

Standard imaging does not always detect mild or moderate TBI. Advanced diagnostic tools — including neuropsychological testing, diffusion tensor imaging (DTI), and functional MRI — can reveal brain damage that conventional scans miss. An experienced brain injury attorney will work with neurologists and other specialists to build the medical evidence your case needs.

What is the average settlement for a traumatic brain injury case?

There is no single “average” because TBI cases vary enormously. Mild TBI cases may settle for tens of thousands of dollars, while severe TBI cases involving permanent disability, lifelong care, and lost earning capacity can result in settlements or verdicts of several million dollars. The value depends on injury severity, medical costs, lost income, pain and suffering, and the strength of liability evidence. Leon Law evaluates each case individually during a free consultation.

Can I file a brain injury claim if symptoms appeared days or weeks after the accident?

Yes. Delayed symptoms are extremely common with TBI. Arizona’s discovery rule recognizes that the statute of limitations may begin when the injury is discovered or reasonably should have been discovered, rather than the date of the accident itself. However, it is critical to seek medical attention as soon as symptoms appear and to document everything.

Who can file a claim on behalf of a brain injury victim who cannot manage their own affairs?

If a TBI victim is incapacitated, a legal guardian, conservator, or family member may be appointed to act on their behalf. In fatal TBI cases, Arizona law (A.R.S. § 12-612) allows a spouse, child, parent, or personal representative to file a wrongful death claim.

How long do brain injury cases typically take to resolve?

TBI cases often take longer than other personal injury claims because of the need for extensive medical documentation, expert evaluations, and accurate lifetime cost projections. Some cases settle within several months; complex severe-TBI cases may take one to three years or more. Leon Law never rushes a settlement — we make sure your future needs are fully accounted for before agreeing to any resolution.