Brain injuries are among the most severe injuries a person can receive and can lead to a lifetime of ongoing medical care and treatment or even death. The brain is the most complex organ in the body, containing billions of nerve cells that provide messages to the rest of the body. Even slight trauma to the brain can lead to lasting brain injuries that can disrupt the life of the injured victim for years to come.
If you or a loved one is recovering from a brain injury, a Las Vegas brain injury lawyer at De Castroverde Accident & Injury Lawyers is ready to help you recover damages from the liable party. You may be able to recover monetary compensation that can help you pay your bills so that you can begin to rebuild your life after suffering a devastating injury. We can go over your legal options with you for free during a consultation with our team.
The Centers for Disease Control and Prevention (CDC) estimates that approximately 1.7 million people suffer a brain injury each year, resulting in around 50,000 deaths. The CDC additionally estimates that about 30 percent of all injury-related deaths involve a traumatic brain injury (TBI).
It is difficult for the body to function after a brain injury, and therefore, ongoing medical care is often required for injured individuals to lead a somewhat normal life in the years following the accident. The CDC also reports that motor vehicle accidents are the leading cause of deaths resulting from traumatic brain injuries, while falls are the greatest reason for emergency department visits and hospitalizations.
Both accidents and falls can be easily prevented. A driver who takes their eyes off the road for 5 seconds could cause a terrible accident leading to brain injuries. A property owner who does not take the care to clean up liquid spills or fix a loose stair could put their guests at risk for brain injuries in case of falls.
Brain injuries can occur in many different situations. The most common causes of traumatic brain injuries include:
Falls lead to nearly half of traumatic brain injury hospital admission cases in the U.S., the CDC states. These falls may involve an infant rolling off furniture or falling from a high surface, such as beds or changing tables.
Car accidents involving speeding drivers are more likely to result in serious head trauma than slower-speed crashes because they involve more force when colliding with other vehicles or objects on the road.
Every year, thousands of young people suffer head injuries while playing football, soccer, and basketball, among other sports. These injuries can range from minor concussions to major brain damage that requires surgery and months of rehabilitation therapy.
People may suffer concussions after being hit on the head during an assault or fight. These injuries can cause headaches and other symptoms that make it hard for victims to go about their daily lives.
Medical malpractice may occur due to misdiagnosis or not treating an injury with the right care, among many other reasons. The negligent doctor may be required to pay for any damages their negligence caused.
In Nevada, per NRS § 41A.097, you have three years from the date the medical malpractice took place to file a lawsuit against the health care provider or one year after you should have reasonably discovered the injury, whichever comes first. If the three-year window ends without the patient filing their case, they will lose their right to pursue financial recovery.
Several parties could be held liable for an accident involving a brain injury. Some include:
The negligence standard is the driving force in most personal injury claims and typically rests on the actions of the defendant and whether they exercised the appropriate level of care that a person in a similar circumstance would have exercised. Nevada is a modified comparative negligence state, which means that the victim of an accident will not be able to receive damages if they are found to be more than 51 percent at fault for the accident.
For example, if a court determines that the victim’s actions were 40 percent the cause of the accident, then the victim’s total damages will be reduced by 40 percent. However, if the court determines that the victim is 51 percent at fault for the accident, the victim will be barred from receiving any damages.
A victim of an accident leading to brain injuries is entitled to bring a claim involving the following damages:
A brain injury impacts more than just the victim. Often, it impacts the whole family, who will have to adjust to a very different life. Brain injuries can affect the victim’s ability to speak, walk, or even comprehend daily chores. Brain injuries can also greatly impact the victim’s personality, turning them into a seemingly completely different person. It is, therefore, important that the responsible party be held accountable for their actions leading to this tragic accident.
Get medical treatment as soon as possible after a brain injury. If someone else’s negligence caused the injury, it’s important to get medical attention as soon as possible so that doctors can document the extent of your injuries and refer you to the appropriate providers for medical treatment. Tell doctors about any symptoms you have, including:
Next, you can get legal help from a Las Vegas brain injury attorney. Even if the accident was only partially your fault, our Las Vegas personal injury lawyer can protect your rights and guide you through the legal process.
If you or a loved one have suffered a brain injury during a tragic accident, do not hesitate to contact the Las Vegas personal injury attorneys at De Castroverde Accident & Injury Lawyers. Our attorneys have years of experience in handling severe brain injury claims and will work closely with you and your family to ensure you receive the compensation you deserve for your injuries. Contact our Las Vegas office today for your initial free consultation.