Our peers and clients trust us to call the shots. See why we’re rate top Las Vegas personal injury lawyers, or read our client testimonials.
Rated 5.0 stars on Yelp
Rated 4.8 stars on Google Reviews
Ranked AV Pre-eminent by Martindale Hubbell, their highest designation
Top 25 Motor Vehicle Trial Lawyers
Top 100 National Trial Lawyers
Our Experienced Brain/Head Injury Lawyers Can Help
As former insurance defense counsel attorneys, we have the insider knowledge on what it takes to win these types of cases. Therefore, we will use all possible resources at our disposal to get results, including our insider knowledge of insurance companies. Since we have formerly served as defense counsel for these insurers, we know how the “other side” thinks. This is a huge asset when handling a brain/head injury case – we know exactly what questions to ask, and the right steps to take in order to get the compensation you deserve.
After a brain injury, every single detail can make or break a case. To cover all our bases, we make it a point to conduct a thorough investigation of the accident site, questioning witnesses and evaluating every detail that may contribute to your case. When you choose us to handle your brain injury case, you choose lawyers that care about your personal and legal success.
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.
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.
Your legal claim depends on the specific circumstances of the brain injury. Slip and fall accidents, motor vehicle accidents, intentional harm (such as a fistfight, or strangulation-induced anoxia), and other impacts usually come under the personal injury or premises liability umbrella, and in some cases there may be a separate criminal action.
Depending on the seriousness of your injury, and the extent to which the injury has negatively affected your life, you may be eligible for a substantial damage award. With serious brain injuries, you may require continuing and long-term cognitive/psychological/physical therapy, which may be beyond your financial means.
Though it’s better to bring your claim as soon as possible after the accident, your claim may not necessarily be destroyed. Depending on your state, the statute of limitations may not have run out. You may be able to rely your state’s discovery rule: essentially, the statute of limitations does not begin to run until you actually discover or know about the injury.
This depends entirely on each individual case. There are many types of brain/head injuries, ranging from sports-related concussions to severe, permanent brain damage that leads to paralysis or early death.
The monetary costs of living with a traumatic brain injury can be staggering. The victim might need to pay for medical bills, rehabilitation, physical therapy, multiple surgeries and medication. Also, many brain/head injury victims can no longer work. Some studies cited by the CDC estimate that these costs total $76.5 billion in the United States every year.
Also known as concussions, mild traumatic brain injuries (or mild TBIs) are the most common types of brain injuries. They typically do not leave a person with long-term effects after the injury, but even short-term symptoms can still be worrying and costly for the victim and their close family and friends.
Causes of Mild Traumatic Injuries
Mild TBIs can often occur during a person’s daily routine. Some common causes of mild traumatic brain injuries include:
Some of the symptoms that are related to mild brain injuries include:
Brief loss of consciousness
Loss of balance
Insomnia or excessive sleeping
Mild brain injuries can also occur when a person is abused. Whether it is domestic, elder or parent-child, mild brain injuries can occur after the head has been subjected to numerous blows, strikes, blunt force trauma, and neglect and abuse by a caregiver.
This is the second most common type of brain injury. Persons with moderate TBIs can exhibit more symptoms, and as a result, they often experience more physical, mental and emotional discomfort. Long-term rehabilitation may be needed.
Some common causes for moderate TBIs include: slip and fall incidents, falling from a small height, minor and major vehicle accidents, and domestic violence.
As the name suggests, severe traumatic brain injuries have the greatest and most dire impacts on a victim’s health and lifestyle, and they inevitably affect loved ones and close colleagues. It is difficult to conduct day-to-day activities while suffering from severe TBI, and medical treatment can be intensive. Long-term rehabilitation is often needed.
Some common causes of severe traumatic brain injuries include contact sports, violent crime, major vehicle accidents, motorcycle accidents, slip and fall accidents, and work accidents.
Symptoms of Severe Brain Injury
Unfortunately, while traumatic brain injuries are quite common, medical research still lags behind in this field. Many brain injury patients have complex and often variable conditions, and it can be difficult for them to express the changes they experience after a severe brain injury. Beyond just the physical and cognitive problems, there is also a lot of emotional turmoil involved with a brain injury as a victim has to cope with a new, often confusing state of mind and they can often no longer conduct activities to the same degree as before the injury.
A full recovery is possible in some cases, but many sufferers of severe traumatic brain injury have to cope with symptoms in the long-term, possibly even for a lifetime. In the worst cases, a severe brain injury may lead to permanent disability or even wrongful death.
Because of the complex nature of brain/head 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 accident that a victim can file for damages and claim compensation. Contact us today to assess your individual case in a timely manner.
With almost 30 years of experience, Attorney Lewis Gazda is one of the most respected lawyers in the Las Vegas community. Attorney Gazda specializes in both personal injury and wrongful death cases. He is recognized by his peers for his superior negotiation skills and extensive legal knowledge, earning the highest possible rating of AV Pre-eminent from Martindale-Hubbell.
Attorney Afshin Tadayon has more than 20 years of experience as an attorney in Las Vegas, with a diverse range of practice areas including personal injury, premises liability, wrongful death, criminal law, and mass tort litigation. Attorney Tadayon formerly served as a defense lawyer for insurance companies; his insider knowledge of their legal tactics makes him a potent advocate for clients seeking the compensation they deserve after an accident.
Attorney Tadayon is ranked AV Pre-eminent by Martindale-Hubbell, a rating reserved for only the top 10% of attorneys as designated by their peers.
Personal injury and accident cases can be complicated, our attorneys are here to help you through the process. Please fill out the form to request a free legal consultation to discuss the details of your case or to get your questions answered.