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TBIs range from mild concussion to severe diffuse axonal injury. Key markers: loss of consciousness, post-traumatic amnesia, confusion, headache, nausea, sensitivity to light, cognitive fog, mood changes. Mild TBIs often resolve; moderate and severe TBIs frequently cause permanent impairment.
Through neuroimaging (CT, MRI, DTI), neuropsychological testing, life-care plans, treating physician testimony, and before-and-after witness accounts from family and coworkers. Mild TBIs are hardest; objective imaging is often negative and cases turn on neuropsych and lay testimony.
Because the damages stretch across a lifetime: cognitive rehab, psychiatric care, lost earning capacity, attendant care, adaptive equipment, reduced life expectancy. A moderate TBI in a working-age plaintiff can exceed $3M in economic damages alone before pain and suffering.
Two years from the injury under ARS 12-542. The discovery rule may extend the deadline if the injury was not reasonably discoverable, but courts apply it narrowly. Minors get tolling until age 18 (ARS 12-502). File early; TBI cases need immediate expert work.
Yes. Most mild-to-moderate TBIs are invisible on CT. Diagnosis rests on clinical findings, neuropsych testing, and sometimes diffusion tensor imaging. A negative CT does not bar recovery; it just shifts the evidentiary work to other experts.