Traumatic brain injuries (TBIs) are severe head injuries that result in the brain being harmed. Often, TBIs are avoidable, are a direct result of someone’s negligence, and can also be quite expensive to treat.
If you have been diagnosed with any type of TBI due to someone else’s negligence, you need to talk to an experienced traumatic brain injury lawyer in Las Vegas who is ready to fight for you.
At Pacific West Injury Law, we understand how life-altering TBIs can be. That is why we work diligently to help you get the compensation you deserve so that you can focus on recovering from your injury.
Determining Who Is at Fault for Your TBI
Generally, the person who causes the accident is the one who is held liable for the damages. However, oftentimes, the case may not be so cut-and-dry, and liability may not rest on just one person’s shoulders. Also, the liable party may not want to admit that they are responsible for the accident.
In order to prove that the other person is at fault, the reason the accident occurred must first be established. If the other party is at fault, the reason for the accident is either due to criminal intent or negligence.
How Do You Prove Negligence?
Negligence simply means that a person acted carelessly, which caused harm to another person. For example, if a driver is not paying attention to the road, they are neglecting their duties as a driver and could cause a serious accident. According to the State Bar of Nevada, there are three criteria that must be met when determining negligence.
First, you must determine if the other party had a duty to keep you safe. If we look at the driving example again, the driver has a duty to keep other people safe by paying attention to the road. This means that the person driving cannot look at their phone or do anything else that may take their attention away from the road, which could potentially put other drivers in danger.
Secondly, you must decide if the other party’s actions caused your accident. This could also mean that their inability to act caused the accident as well. For example, if a floor has just been mopped in a public area, the janitor is expected to put out a “wet floor” sign to warn others of the slippery surface.
The last thing that will be looked at is whether or not you have suffered any injuries. If you can prove that you did sustain a TBI as a direct result of the accident, you could be entitled to compensation.
Is Criminal Intent Different From Negligence?
Criminal intent and negligence are similar in a few ways. For example, they both involve one party causing another person to become injured. However, with criminal intent, the injury must be a result of a willful act.
This doesn’t necessarily mean that the offender set out to cause you to sustain a traumatic brain injury. However, you do have to prove that they were deliberately trying to cause you some sort of harm. A domestic violence case is a good example of criminal intent.
How Do I Know if a Lawsuit Is Necessary?
Traumatic brain injuries are a type of catastrophic injury and can cause a lifetime of problems. Depending on the severity, a TBI victim may have trouble properly functioning in society, which can include being able to find employment. If someone else is to blame for your TBI, you deserve to be compensated for the damages you incur.
However, even though another party may be responsible for your injuries, a lawsuit may not be the right solution for you. For example, you may be able to recover compensation through an insurance or workers’ compensation claim. A traumatic brain injury lawyer in Las Vegas can help you determine whether a lawsuit is necessary.
What if I Suffered a Work-Related TBI?
If you sustained a TBI at work, you may not have to file a lawsuit. Instead, you should be entitled to workers’ comp. To apply for workers’ comp, you will need to file a Form C-1 within 90 days of the accident.
If your claim gets denied, you have 70 days to file an appeal with the Department of Administration. You will then have an opportunity to discuss your case with a Hearing Officer, and they will make a decision regarding your appeal. If you disagree with their decision, you will then have 30 days to file another appeal with an Appeals Officer.
If you feel that you are wrongly being denied workers’ compensation, you should talk to an attorney. An experienced traumatic brain injury lawyer will be able to advise you on the proper steps that should be taken to help improve your chances of getting workers’ comp.
Sub-Contractors Are Exceptions to the Rule
If you are a sub-contractor, you will not be entitled to worker’s comp. A sub-contractor is not considered to be an employee of a company. If you are self-employed and were doing subcontracting work when you sustained your TBI, a lawsuit may be the right solution for you.
The Statute of Limitations on TBIs in Nevada
In Nevada, there is a statute of limitations for all personal injury cases, including traumatic brain injury cases. The Nevada Revised Statute § 11.190 states that all TBI cases must be filed within two years of the accident. If you wait more than two years to file the lawsuit, you may not be eligible to receive compensation.
However, if certain conditions apply to your case, you may still be able to file a lawsuit after the statute of limitations has expired. Alternatively, special circumstances may further limit how much time you have to file. An experienced Las Vegas TBI attorney can help identify if any exceptions apply to your case and ensure that your lawsuit gets filed on time.
Compensation You Can Recover After a TBI
After suffering an accident that results in a traumatic brain injury, there are likely going to be a wide range of damages you can recover from the liable party. These damages can be divided into three primary categories.
Economic damages are any losses you suffer that are directly linked to your finances. Any expenses you incur or income you are unable to earn because of your TBI falls into this category. Some of the most common economic damages include:
- Medical bills
- Future medical expenses
- Lost income
- Decreased earning ability
Non-economic damages are all the rest of the losses you suffer as a result of your TBI. Non-economic damages are a broad category encompassing a wide range of losses. Some of the most common non-economic damages include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
- Permanent disability
- Diminished quality of life
Punitive damages are not a form of compensatory damages. Rather than being awarded to replace a loss suffered by the accident victim, punitive damages are used as a means of punishing the liable party. These damages are only assessed in extreme cases where the at-fault party was criminally negligent or acted with the wilful intent of inflicting harm.
TBI Attorneys Work on a Contingency Fee Basis
Rather than charging upfront fees and high hourly rates, TBI lawyers in Las Vegas work on a contingency fee basis. That means your lawyer will collect a single fee at the conclusion of your case. This fee will be assessed as a fixed percentage of the money you receive from the liable party. That means if you don’t collect compensation, your lawyer doesn’t get paid.
Where Can I Find a Good TBI Lawyer in Las Vegas?
At Pacific West Injury Law, we understand just how devasting a TBI can be on you and your family. If you feel that you deserve compensation for your injury, please do not hesitate to contact us today. We have a team of experienced Las Vegas traumatic brain injury lawyers ready to help you 24/7.