If you’ve been in an accident in which you sustained a traumatic brain injury (TBI), you know that these injuries can often present you with innumerable hurdles along the recovery process. A TBI can change your life in an instant and leave you to shoulder the, often extreme, personal and financial burden of your injuries.
While there’s always hope for recovery, many TBIs are catastrophic injuries that will have life-long effects on your health and quality of life. If your TBI was caused by someone else’s reckless or negligent actions, you deserve compensation for the expenses and challenges that have unfairly been put in front of you.
At Pacific West Injury Law, we have the necessary experience to put you in the best possible position to recover the money you need. Schedule a free consultation with a Henderson traumatic brain injury attorney to learn about your options and start pursuing compensation for your injury.
Potential Compensation For A TBI
For severe brain injuries caused by the negligence or recklessness of someone else, the decisions of that person have potentially robbed you of things fundamental to your identity as a person. In addition, you’ve likely accrued significant medical bills and hardships such as lost wages from the accident.
Not least of all, your suffering could require continued therapy and accommodations for the rest of your life, and you shouldn’t be left holding that burden alone. Severe incidents of TBI can even result in comas and death.
When filing a claim against an at-fault party in your accident, you need to seek compensation for any hardship you have experienced or will experience in the future as a direct result of the accident.
If your case is successful, the at-fault party will owe you for these damages. Though civil litigation can be complex, and an award or settlement you receive will probably vary greatly depending on the exact circumstances, most damages can be broken down into one of two categories.
Economic Damages
Economic damages are any concrete, monetary expense, incurred due to the accident. These are typically anything that you can definitively assign a dollar amount to and prove, such as:
- Vehicle or property damage
- Medical/medication expenses
- Likely future medical charges as a result of the accident
- Lost wages due to the accident
- Lost earning power as a result of the accident
Non-Economic Damages
Non-economic damages are often a little more abstract than their easily valued counterparts, but that doesn’t make them less significant. Non-economic damages compensate you for intangible or subjectively valued hardships, such as:
- Pain and suffering
- Decreased quality of life
- Reduced capacity as a parent or professional
- Increased need for care and support
- Reduced likely lifespan
- Likely future medical complications
Some of these non-economic damages simply don’t fall under economic damages because they’re priceless. There’s no easy formula to put a price tag on your quality of life. However, you certainly deserve to be compensated for the actions of someone else robbing you of it. Our traumatic brain injury lawyers in Henderson can help you.
It’s not uncommon in successful TBI suits to see significantly greater non-economic damages than economic ones. We can investigate the incident, determine the amount of compensation you may be due, and handle court and settlement proceedings while you recover.
Punitive Damages
In a small percentage of traumatic brain injury cases, you may also be able to recover punitive damages. Punitive damages are only available in cases where the at-fault party acted in a criminally negligent manner or with the deliberate intent of causing harm. These damages are meant as a form of punishment to deter similar behavior in the future.
Proving Liability Is Essential When Seeking Compensation
When attempting to recover compensation for a traumatic brain injury, the first thing that must be done is to prove who is liable for your damages. If you are lucky, proving fault will be easy and straightforward. However, in many cases, establishing who is at fault for an accident can prove quite challenging, with several parties, all pointing fingers at each other.
Fortunately, an experienced TBI lawyer can help you sort out who is responsible for your damages so that you can begin to pursue compensation. After you hire a TBI attorney, they will immediately begin investigating your case with the dual intent of proving liability and gathering evidence in support of your claim.
A Henderson Traumatic Brain Injury Lawyer Can Help You Fight For Compensation
If you’re struggling and suffering from a traumatic brain injury caused by an accident that wasn’t your fault, you have the right to seek full compensation for the burden that was unfairly put on you. Even in an incident where you may be partially at fault, you may still be due compensation. Nevada is a comparative negligence state.
An injury to your brain is an assault on the core of what makes you yourself. While compensation may not be able to undo the accident that caused your injury, it can at least in some small way help give you the ability to cope with the challenges you face so that you can heal.
However, it’s critical to contact an attorney as soon as possible. A Henderson traumatic brain injury attorney can help you determine the next best steps for handling insurance companies, pursuing legal action against the parties responsible for your injury, and otherwise protecting your rights.
Statute Of Limitations For Filing A TBI Lawsuit In Nevada
The Nevada statute of limitations for all personal injuries, including traumatic brain injuries, is two years. Failing to file a lawsuit within this timeframe can result in the loss of your right to recover damages for your TBI.
However, you also need to realize that there are several potential exceptions to this statute of limitations. You could find that you are able to recover compensation through a lawsuit even after the two-year limit has passed.
At the same time, special circumstances could result in a reduction in the amount of time you have to file. By hiring a Henderson TBI lawyer shortly after you suffer an injury, you can ensure that your lawsuit is filed on time and that your right to recover compensation is protected.
What Can Cause A Traumatic Brain Injury?
Traumatic brain injuries can be caused by a wide range of incidents in which you receive an injury. Common causes of TBIs include:
- Car accidents
- Slip and fall accidents
- Sports injuries
- Blunt force trauma
- Bike accidents
TBIs can occur even if you feel as though you are fine and can walk away from an accident. If the injury stays untreated for any length of time, it can grow in severity. Always go to the hospital or see your physician as soon as possible after an injury in which you hit your head.
The Long-Term Effects A TBI Can Have On Your Quality Of Life
A TBI can potentially have a massive effect on your health and quality of life for years to come, even after all your other injuries from an accident are fully healed. Many long-term dangers of TBI can be prevented with quick medical treatment. However, some damage to the brain is simply beyond the ability of medical science to heal.
This means that throughout the healing process, and potentially for the rest of your life, you could be dealing with hardships and damages from your accident. While not every TBI will lead to a deteriorated mental state, anything that disrupts the functionality of your brain drastically alters your life in the future.
When your future is disrupted by an accident that’s not your fault, you deserve to be compensated. TBI victims often exhibit depression and anxiety. Additionally, they can struggle to cope with the challenges of daily life and relate to friends and family in the same way they did before their accident.
Our Traumatic Brain Injury Attorneys In Henderson Can Help You Build A Strong Case
TBIs often bring unique challenges and hardships compared to other injuries. If you need to file a claim to recoup damages for your injury or the injuries of a loved one, you want an advocate fighting for you who has the right experience to give you the representation you deserve.
At Pacific West Injury Law, our Henderson traumatic brain injury lawyers and supporting legal team have had a lot of experience fighting for the rights of victims of severe brain injuries here in the Henderson area. Contact us today for our team to look over your case and see how we can help get you the compensation you need to face the challenges of your injury.
