What To Do When Involved In an Accident Resulting in a Brain or Head Injury
The weight of sudden medical expenses, physical and emotional suffering, and loss of work time can be heavy on a brain injury victim and their close family and friends. Luckily, victims can often sue for damages if they sustained the injury because of the misconduct or negligence of another person or entity. This can sometimes include cases where the victim is partially responsible for the incident that led to brain injury.
There’s a long list of persons and entities that can potentially be sued for a traumatic brain injury due to negligence. This includes vehicle drivers, truck drivers, trucking companies, cab drivers, cab companies, bicycle operators, boat operators, repair shops, manufacturers, homeowners, employers, airplane operators, teachers, caregivers, security guards, and doctors/healthcare providers.
The spouse of someone who has been injured can also file a lawsuit based on the loss of consortium. These are damages that take into consideration the loss of comfort, care, and companionship of the injured party.
For a case to be successful, there must be proof that the negligent third-party was liable for the incident, otherwise known as due diligence or a duty of care. Even if the victim was partially responsible for the incident, they may be entitled to compensation as long as they can prove they are liable for less than half of the incident. In turn, this percentage of fault is reflected in the costs collected.
If the brain injury is diagnosed as severe, financial compensation could be very substantial.
The damages that an injured person may seek to include lost current and future income, medical treatments, long-term rehabilitation services (including physical therapy), assisted living services, issues with general pain and suffering, mental anguish, loss of enjoyment and other impairments to daily life.
Because of the complex nature of personal injury law in Nevada, it’s critical that you explore your legal options and potentially file for damages as soon as possible. Our state law limits the amount of time after an incident that a victim can file for damages and claim compensation. Contact us today to assess your individual case in a timely manner.
The Severity of a Brain Injury Case
Traumatic brain injury, or TBI, is a major cause of disability and death in the US. Each year, almost 300,000 people are diagnosed with traumatic brain injuries according to the CDC, so these injuries are more common than people might think. Falls are the most common cause of head injuries: around 40-50% of head injury cases are related to falls. Anyone can experience a TBI, but the most vulnerable are children and the elderly.
Depending on the severity, there are different symptoms that a victim might experience. There are three levels of brain injury: mild traumatic brain injuries, moderate traumatic brain injuries, and severe traumatic brain injuries.
Symptoms are often subtle and delayed, so you should seek medical attention immediately after an accident involving the head or brain.