Traumatic brain injuries (TBIs) are severe head injuries that result in the brain being harmed. Many times, 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 that 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 that 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 that 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 need to 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 immediate 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 cranial 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.
For a free legal consultation with a traumatic brain injury lawyer serving Las Vegas, call 702-602-HURT
How do I Know If a Lawsuit is Necessary?
Traumatic brain injuries 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 that you may incur.
However, even though another party may be responsible for your injuries, a lawsuit may not be the right solution for you. Here is a look at a few different instances when a TBI lawsuit may be appropriate.
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What If It Is 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 worker’s comp. To apply for worker’s comp, you will need to file a Form C-1 within 90 days of the accident.
If your claim is 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 worker’s 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 worker’s comp.
Sub-Contractors Are Exceptions to the Rule
If you are a sub-contractor, you will not be entitled to worker’s comp. Sub-contractors are not considered to be an employee of the 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.
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Where Can I Find a Good TBI Lawyer in Las Vegas?
At Pacific West Injury, 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 lawyers that are ready to help you 27/7.