Brain damage is the most devastating injury you can sustain from an accident. Brain injury victims suffer impaired cognition, mobility, and the ability to enjoy life and their families.
Plus, the medical bills are overwhelming – especially for traumatic brain injury (tbi) victims needing long-term care.
Our Las Vegas brain injury attorneys use every legal measure to hold all at-fault parties to account in pursuit of the biggest financial settlement that Nevada law allows.
Who can I sue for my brain injury?
If you were injured in a car accident or motorcycle accident in Nevada – the most common causes of brain injury cases – the potential defendants we can sue include:
- the at-fault drivers responsible for the collision as well as their employers (if they were on work duty at the time);
- the vehicle manufacturer, if the car or motorcycle had a design defect;
- the last mechanics to service the vehicle, if they caused it to malfunction; and/or
- the local government, if poorly maintained roads or signage contributed to the crash.1
If you were injured in a slip and fall – such as in a Nevada hotel/casino accident – we would go after the property owners and maintenance companies. Or if your brain damage resulted from medical malpractice, then we would sue the negligent doctors, nurses, and hospitals responsible for harming you.
Ultimately, our Las Vegas brain injury lawyers will be doing battle with these defendants’ insurance companies to ensure they make good on their policies.
Serious brain injuries can cause loss of consciousness, memory loss, and lifelong impairments.
What money can I expect to get?
Our Nevada personal injury attorneys seek as much financial compensation as possible in brain injury claims. Settlements include damages for past, present, and anticipated medical expenses, such as for:
- hospitalizations,
- surgeries,
- rehabilitation, and
- home health medical care.
In addition, our traumatic brain injury attorneys demand damages to cover your lost wages and diminished earning capacity if your injuries keep you from working.
And most of all, we fight for money to cover your past and future pain and suffering – which is incalculable. No price tag can be put on the emotional and financial stress a brain injury causes not just you but also your family members who may have to change their entire lives to be your caregivers.
If the accident caused the victim to die, then we would bring a wrongful death lawsuit on behalf of the estate or family. We would seek damages for funeral expenses, loss of support, and any medical expenses prior to death.2
Depending on the case, we may be able to pursue punitive damages as well.3
Can I still sue if I was to blame also?
Yes. It is not unusual for accident victims to have contributed to their brain injuries. In car crash cases for example, perhaps you forgot to wear a seat belt or waited too long to seek medical attention. But as long as the court finds you no more than 50% to blame, you should still be eligible for monetary damages under Nevada’s comparative negligence laws.4
When do I have to file a lawsuit by?
The statute of limitations to file a negligence or product liability lawsuit in Nevada is typically two years after the accident. And the time limit to sue for medical malpractice can be as short as one year after the injury.5
Nevada personal injury lawyers need time to gather evidence and craft a winning case. Plus, it is more difficult to track down surveillance video and credible eyewitnesses the more time goes by. Therefore, you should seek out a Las Vegas brain injury attorney as soon as possible after your accident.
What if I was injured at work?
Employees who sustain a brain injury while at work in Nevada usually do not have the option to sue their employer. Instead, they can file a workers’ compensation claim for medical expenses, temporary- or permanent disability, and vocational rehabilitation.
The benefit of workers’ comp is that you do not have to prove the employer was at fault. You can collect benefits even if you were to blame. But you usually have only seven days after the injury to notify your employer of your work injury and to begin the workers’ comp process.6
Note that if a third-party was to blame for your work injury – such as the manufacturer of defective equipment that hurt you – then we can bring a traditional lawsuit against that third party as well.
There are many types of brain injuries, and some last for life.
Why should I hire an attorney?
The last thing Nevada accident victims recovering from a brain injury need to think about is bringing a lawsuit, especially against bullying insurance defense firms whose sole purpose is to dodge responsibility and bury you in paperwork.
Our Las Vegas brain injury lawyers take care of the entire legal process from start to finish so you can think about nothing except getting better and adapting to your new normal. Meanwhile, we will be aggressively negotiating with all the at-fault parties for a favorable settlement – which we can usually achieve without trial.
And history has shown that insurance defense firms are much more likely to offer generous settlements to plaintiffs represented by counsel. And when you are recovering from a brain injury, you should accept nothing less than the biggest monetary resolution available under the law.
If you or your loved one sustained a head injury, you need legal representation. Please contact our experienced Las Vegas, NV personal injury law firm for legal advice. And since our traumatic brain injury lawyers operate by contingency fee, we take no money unless we win.
Our law office is available 24/7 for an initial consultation, and our legal team serves clients in Clark County (including Henderson) and throughout the state of Nevada. Our practice areas include all types of personal injury cases.
Legal References
- See, for example, Steve v. McKern (2020) 458 P.3d 353. See also Traumatic Brain Injury and Concussion, Centers for Disease Control (CDC). See also Cleveland Clinic Lou Ruvo Center for Brain Health – Las Vegas.
- NRS 41.085.
- NRS 42.005.
- NRS 41.141.
- NRS 11.190.
- NRS 616A – 616C. See, for example, Nev. Dep’t of Corr. v. York Claims Servs. (2015) 131 Nev. 199.