Brain Injury Lawyer Explains Liability Claims
Las Vegas, Nevada
Brain injury litigations
If you or a family member suffered a brain injury and you think that somebody is liable for the accident, call us at 702-432-1000 and ask to speak with a brain injury lawyer.
We do not charge for consultations.
What is a brain injury?
A brain injury is a disruption in the normal function of the brain. It could be a severe head concussion, hematoma, hemorrhagic stroke, traumatic brain injury (TBI), or hippocampus atrophy, among other things.
What are the causes of brain injury?
Many things can cause brain injury for children and adults, but some of the most common head injuries occur during motor vehicle accidents - automobiles, motorcycles, trucks, or pedestrian accidents. Other causes of brain trauma could be sports injuries, domestic violence, slips and falls, and accidental shooting.
Negligence law and brain injury lawsuits in Nevada
Like in all injury cases, to win a lawsuit and receive compensation, you must prove that human negligence and carelessness caused an accident. Plus, that accident could have been foreseeable and preventable if the person responsible for this accident had paid more attention.
Can you recover from a brain injury?
In some cases, yes, you can recover some functionality after a brain injury. Usually, therapy, especially speech therapy and physical therapy, is needed to recover brain injury functionality. Brain injury is a new area of science. So far, we think genetics, age, and lifestyle may play a factor in recovering from a brain injury accident. These reasons are partly why every brain injury case is different.
Challenges of brain injury lawsuits
• One of the biggest challenges is calculating future damages and the cost of future treatment. Often a brain injury lawyer brings doctors, physical therapists, psychologists, economists, and other expert witnesses to help to calculate the cost of future treatments and, in some cases, the cost of long-term care.
• Other challenges that a brain injury lawyer faces are calculating the monetary compensation for past lost wages, pain and suffering, emotional distress caused by accident, and the loss of the victim's contribution to their household.
Time limits to bring a case
Under Nevada law, you have two (2) years from the date of an accident to file a personal injury lawsuit. There are exceptions to this rule. If you are planning to file a claim against your insurance and use Uninsured Motorist(UM) coverage, the statute of limitations is six (6) years for the UM / UIM claim and still two (2) years for the underlying adverse driver claim.
With questions, call us at 702-432-1000 and ask to speak with a brain injury lawyer.
If you were partially at fault
You could collect compensation from all other at-fault parties in Nevada if you were less than 51% responsible for the accident.
Can I re-open an old brain injury claim?
In some cases, yes. Did you settle your case with the insurance company without an attorney within 30 days of the accident and sign the release form? If so, you have 60 days to change your mind, notify the insurance company in writing that you want to re-open a case, return any money the insurance company gave you to entice you to sign a release and re-negotiate a settlement amount. You need to hire an experienced brain injury lawyer to re-negotiate a settlement for you.
What is the average payout for a brain injury?
Many clients ask, "How much compensation do you get for brain injury?" Every accident is different, and the circumstances surrounding the accident are different too. The injury compensation depends on the amount of your medical bill (past, current, future), lost wages, and other damages.
Some brain injury victims get settlements in six or even seven figures.
Suing on behalf of a minor
Some specifics applied to brain injury cases when minors are involved.
First, a child can't file a lawsuit; the legal guardian or a parent(s) should file a claim on the child's behalf.
Second, when the case resolves, the Trust Account must be open. The child's part of the settlement goes to this Trust Account and must stay there until the child reaches adulthood.
Finally, the parents may petition the court to release some or all of the funds early. On a case-by-case basis, the judge may allow it.
Brain injury and high-impact sports
Brain injury or head injury often happens in football, baseball, wrestling, softball, basketball, and other competitive games. Some injuries could be caused by another player's reckless behavior, while others may be linked to defective sports equipment (e.g., a helmet). Each case is different. What makes sports injuries unique is that the player (or their guardian) must sign a release that they know the danger of the particular sport and waive liability. These releases are not always the end of the matter. The waiver can be defective and not valid in court in many cases.
We can help
If you plan to file a lawsuit after a brain injury accident, call us at 702-432-1000 to speak with a brain injury lawyer directly. The attorneys at Heshmati & Associates have the experience and expertise to handle the most complex brain injury lawsuits. While no attorney can reverse the tragic events of the accident, we can help you negotiate fair and full compensation to pay for your medical bills and other costs.
We work on a contingency basis. There are no fees or costs unless we get monetary compensation for you.
Our clients live in Las Vegas, Henderson, Summerlin, North Las Vegas, and throughout the surrounding areas of Nevada.
We also represent tourists who got injured while vacationing in Las Vegas.
Last updated on January 30, 2024.
