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When the brain sustains a traumatic injury, it can permanently change the victim’s life. Cognitive problems, loss of motor function, memory loss, speech impairments, permanent disability, and death can all result from a traumatic brain injury (TBI). In the U.S., there were 2.5 million emergency room visits and 56,000 deaths related to TBIs in one year alone, according to the Centers for Disease Control and Prevention. Negligence causes many of these incidents. Another person’s lapse in judgment, reckless actions, or intent to harm can cause a TBI from which a victim never fully recovers. If this sounds like your situation, our Las Vegas brain injury attorneys at Claggett & Sykes Law Firm are here to help.
At Claggett & Sykes Law Firm, our experienced Las Vegas brain injury lawyers give their full attention and care to get justice for those who were seriously injured. Our injury attorneys have recovered more than $200 million for clients and have done over 130 jury trials.
No two brain injuries are alike. Each patient will experience different symptoms and effects. Some injuries inflict temporary damage from which the patient can eventually recover, such as dizziness or confusion. Others are permanent and will always affect the victim’s life. If you or a loved one has permanent brain damage from a recent injury, retain a Las Vegas brain injury attorney. You may be eligible for significant compensation if negligence played a role in your accident.
A traumatic brain injury is an injury to the brain that can affect the way that it functions. In basic terms, anything that causes the brain to strike the inside of the skull, lose oxygen supply, or bleed and swell can result in a traumatic brain injury. Any damage to the brain’s cells, fluids or tissues can have a major impact on how the brain works. Damage to the limbic system, for example, can affect memory and emotions.
A brain injury is “traumatic” when an external force injures the brain, such as a bump or blow to the head. An acquired brain injury (ABI), on the other hand, comes from internal issues, such as a lack of blood or oxygen supply depleting the brain’s cells and causing them to die. Both types of brain injuries can cause disability or death.
After you or a loved one sustains any type of head injury, it’s vital to seek medical attention immediately. It’s also important to know the warning signs of a serious brain injury. A brain injury left unaddressed can lead to permanent disabilities or even death. If you notice any of the following symptoms, seek immediate medical attention:
It’s especially important for parents to know the warning signs of a child’s brain injury. Children are much more susceptible to traumatic brain injuries than adults, and a child will most likely suffer far worse consequences for a brain injury than an adult. Brain injuries are often fatal for very young children and infants. A child with an undiagnosed brain injury may appear lethargic, drowsy, or uninterested in his or her favorite games and toys. They may also fall into fits of uncontrollable crying, during which time they appear inconsolable. If you believe your child has suffered any type of brain injury it is imperative that you seek emergency medical care immediately.
There are many incidents and events that can lead to a TBI or ABI. The brain is a delicate organ that can get injured in many ways. From construction site accidents to mistakes during childbirth, brain injuries can happen in numerous circumstances, such as:
These are all incidents that are mostly preventable. They take place when someone is negligent, reckless or intentionally harms another individual. It is important to seek legal help from an attorney with experience handling your type of accident. If your injury occurred during a car crash, for example, call a Las Vegas car accident attorney and schedule a free case evaluation.
When a preventable event causes a traumatic brain injury, the survivor may have the right to bring a personal injury claim against the at-fault party or parties. A civil lawsuit seeks financial compensation from one or more defendants for causing or significantly contributing to a brain injury. Most personal injury cases in Las Vegas are based on the legal doctrine of negligence. Someone is negligent if he or she fails to use the level of care that is required for the situation.
You or your lawyer must establish four elements to prove negligence in a brain injury case:
The legal requirement is to prove these four elements as more likely to be true than not true using clear and convincing evidence. This burden of proof is known as a preponderance of the evidence. Although it is less than the burden of proof required in a criminal case (proof beyond a reasonable doubt), it can still be difficult to meet without assistance from an experienced brain injury attorney in Las Vegas.
In most brain injury cases, a loved one of the victim handles the legal issues with an attorney. A brain injury can leave a victim incapacitated or otherwise unable to fully represent his or her own best interests in a legal case, so this responsibility typically falls to a spouse, parent, guardian, or domestic partner. It may also fall to an adult child of the victim. Whoever handles a brain injury lawsuit should work quickly to build a strong case and hold the responsible party accountable for their actions. Some of the most common causes of brain injuries include workplace accidents, car accidents, acts of violence, military combat, and contact sports like football and ice hockey.
Gather as much evidence as you can from the injury-causing incident. If the police responded to a car accident in which your loved one suffered a brain injury, the police report from the crash will be invaluable to your case. If the injury occurred during a sporting event, try to locate footage of the accident as it occurred. In other cases, your Las Vegas brain injury attorney will work closely with you to identify the party responsible for your loved one’s brain injury.
Once you establish the defendant for your lawsuit, your attorney will help you gather the evidence necessary for proving the defendant’s negligence or responsibility for your loved one’s brain injury. This can include copies of hospital bills, invoices for specialist treatment, records of visits for rehabilitation or occupational therapy, and any other documentation that helps establish a link between the defendant’s actions and your loved one’s damages.
Brain injuries are often “catastrophic” in the eyes of the law, or an injury that causes disability. Catastrophic injuries qualify for the greatest amounts of compensation because they cost the victim the most. You may be able to recover for your financial losses as well as non-economic damages such as loss of quality and enjoyment of life. Lost capacity to earn, home and vehicle modifications, live-in care, mental anguish – all these are compensable damages in the state of Nevada. Speak to a Las Vegas brain injury attorney to learn the potential value of your case. Common damages include:
Anytime you’re in an accident that affects your head, see a doctor. You may not notice symptoms of a serious TBI right away, but medical scans can diagnose this issue. Quick diagnosis and prompt treatment can make a big difference in how much the brain injury ultimately affects the individual’s life. Surgery, therapy, and other methods can potentially limit symptoms of a TBI. Once you’re on the mend, contact our Las Vegas Personal injury attorneys. We can help you file your personal injury claim and pursue just compensation.
In Nevada, if you fail to file your lawsuit by the state’s deadline – known as the statute of limitations – the courts will refuse to hear your case. You will be unable to bring a claim against the person or party that caused your brain injury even if there is proof of negligence. This is why it is critical to understand your time limit for filing, as well as to contact an attorney as soon as possible about a potential brain injury case.
The time limit to file most types of personal injury cases in Nevada is two years after the date of the accident. If there was a delayed discovery of a brain injury, however, you would have two years from the date you discovered or reasonably should have discovered the injury. This time limit may change depending on the type of case. For example, Nevada has an exception in the case of brain damage to a child caused by medical malpractice; in this situation, the family has until the child turns 10 to file a related lawsuit.
The brain can sustain damage in a number of ways. A blunt impact to the head, such as the head striking the roadway in a car accident or another player in a football game, can cause a concussion and subsequent brain injury. Penetration injuries, such as gunshot or stab wounds, can also affect the brain. If something cuts off oxygen to the brain (e.g., accidental drowning, anesthesia error, or birth injury), it can cause brain damage. Finally, something shaking the head too roughly, especially the head of a child, can cause swelling or bleeding in the brain.
Our Las Vegas Brain Injury lawyers are here to help. Contact us today to schedule a free consultation (702) 333-7777
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