Brain Injury Attorneys Serving Las Vegas & All of Nevada
A brain injury lawyer can help you pursue fair compensation for the substantial costs that usually arise when someone suffers traumatic injury to the brain. Traumatic brain injuries (also known as TBIs) should always be taken seriously, as they can lead to physical and emotional difficulties as well as financial hardships.
Burg Simpson is one of the nation’s leading personal injury law firms. We have recovered more than $2 billion on behalf of clients in a wide range of cases. Our nationally renowned experience and resources are matched by our local clout; our office in Las Vegas, Nevada, is led by celebrated litigation attorney (and Las Vegas native) Jack F. DeGree.
If you or someone you love suffered a brain injury in an accident, do not hesitate to call 702-668-2070 today for a FREE and confidential case evaluation. Our brain injury lawyers serve clients throughout Nevada and nationwide from our office in Las Vegas.
How Much Compensation Do You Get for Traumatic Brain Injury?
No two brain injury claims are exactly alike. Multiple factors can affect how much you may be entitled to recover, including the severity of the injury, the types of medical interventions involved, and more.
While we cannot provide a precise number or even an estimate for the value of your brain injury claim without knowing the particulars, it is safe to say that a TBI is a catastrophic injury. The costs associated with brain injuries can total in the hundreds of thousands—if not millions.
A brain injury attorney will evaluate your case and determine how much compensation may be available. Burg Simpson may be able to recover the following on your behalf:
- Current and future medical expenses
- Lost wages
- The loss of future earnings and earning capacity
- Rehabilitation and therapy expenses
- The cost of modifying your home and/or vehicle
- Household assistance and care expenses
- Pain and suffering
- Mental and emotional distress
- Disability and inconvenience
- Scarring and disfigurement
Our brain injury lawyers will examine all bills, receipts, and other financial documents to calculate the total costs you have incurred. We also work closely with medical practitioners, financial professionals, and other experts whose testimony can support your claim for damages.
Can I Claim Compensation for a Brain Injury?
It can be difficult to know what legal rights you have after suffering a head injury. You should consider speaking to a brain injury lawyer as soon as possible to determine whether you have a claim.
Common Causes of Traumatic Brain Injuries
As a rule, you need to prove that the brain injury was caused by someone else’s negligence to make a claim for compensation. Negligence comes in many different forms, resulting in a number of incidents that can lead to brain injuries and other types of trauma. Common examples include:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Dangerous Premises
- Construction Accidents
- Boating Accidents
- Defective Products
- Nursing Home Abuse
The lawyers at Burg Simpson are well-versed in all of these cases. If you have been injured through no fault of your own or someone you love has sustained a traumatic brain injury, you owe it to yourself to seek qualified legal guidance. You may be entitled to substantial compensation.
What Do I Need to Prove to Win My Brain Injury Case?
There are four elements that need to be satisfied to prevail in personal injury claims based on negligence:
- Duty of Care: It must be established that the defendant had a legal obligation to act with reasonable prudence and caution so as not to injure or harm others (e.g., drivers are required to obey the rules of the road, property owners have duties to ensure the premises are safe, etc.).
- Breach of Duty: The plaintiff must then show that the defendant’s actions (or failure to act) constitute a breach of the duty of care (e.g., drinking and driving, failure to have adequate security on a property, etc.).
- Cause of Injury: It must be shown that the defendant’s negligence was either the direct cause of the plaintiff’s injury or the proximal cause (i.e., harm was a reasonably foreseeable consequence of the defendant’s conduct).
- Damages: Finally, the plaintiff must prove that they suffered compensable damages as a result of negligence.
Brain injury claims can be complex. The attorneys at Burg Simpson will conduct a comprehensive investigation and gather all available evidence to support your case, including:
- Medical records
- Testimony from eyewitnesses
- Photos of the accident scene
- Video footage
- Investigative reports
- Receipts, bills, and estimates
- Statements from doctors and other healthcare providers
- Expert witness testimony
- And more
What Are the Signs of a Traumatic Brain Injury?
If you have been in an accident that caused any type of head injury, it is vital to seek medical attention as soon as possible. This is true even if you feel fine, as the symptoms of a brain injury do not always appear immediately.
Although not every traumatic brain injury has the same presentation, there are signs to be aware of after a blow to the head. Common warning signs of a TBI include:
- Physical Symptoms
- Loss of consciousness (even briefly)
- Headache or pressure in the head
- Nausea and vomiting
- Dizziness or loss of balance
- Fatigue or drowsiness
- Problems with speech or difficulty understanding others
- Cognitive Symptoms
- Confusion or disorientation
- Memory problems
- Difficulty concentrating
- Slowed thinking or difficulty making decisions
- Trouble with attention or focus
- Behavioral and Emotional Symptoms
- Mood swings or irritability
- Agitation or restlessness
- Changes in sleep patterns, such as sleeping more than usual or having trouble sleeping
- Sensory Symptoms
- Blurred or double vision
- Sensitivity to light or noise
- Changes in taste or smell
- Difficulty with coordination and fine motor skills
- In some cases, a TBI can trigger seizures.
- Clear Fluid Drainage from the Ears or Nose
- This may indicate a potential skull fracture.
If you or a member of your family suffer any of these symptoms, it is important to be evaluated for a brain injury right away. Severe complications may occur if a TBI goes unchecked.
What Is the Survival Rate for Brain Injury?
According to the American Association of Neurological Surgeons, mild head injuries are typically not fatal. The survival rate for patients with moderate brain injuries is also quite high, with deaths occurring in approximately 10% of cases. The statistics are much worse with severe brain injuries, however, with one-third of patients suffering fatal outcomes.
Though all but the most catastrophic of brain injuries tend to be survivable, it is also important to consider issues such as quality of life and independence. People with moderate to severe brain injuries are highly likely to experience some form of disability that affects their capacity to work, care for themselves, and enjoy life as they once did.
Experienced brain injury lawyers can assess all of the ways the TBI impacts your life. You may be entitled to damages not only for the cost of medical care but for physical and cognitive disabilities, changes in personality, loss of independence, and other adverse effects. If a loved one dies as a result of a traumatic brain injury, surviving family members may be able to make a claim for wrongful death.
Do You Ever Fully Recover From a Brain Injury?
Recovery from a brain injury is possible in some cases, even when the injury is classified as moderate or severe. Citing a recent study, Harvard Medical School reports that three-quarters of patients with moderate TBI and approximately half of severe TBI patients regained significant functional independence up to one year after the injury.
While these findings are good news for brain injury victims and their families, the progress demonstrated by the subjects would likely not be considered a “full recovery.” Researchers reported that the individuals who saw improvement in their condition after TBI still had “considerable disabilities.”
If a brain injury was caused by someone else’s negligence, financial compensation can help offset the cost of medical care, therapy, rehabilitation, medications, and more. Damages can also help make up for the loss of income, as well as the loss of your pre-injury functioning.
Types of Brain Injuries
A head injury may be classified as “open” or “closed.” Open (or penetrating) head injuries occur when the skull is pierced by an object that subsequently enters the brain. No penetration occurs with a closed head injury; damage to the brain in these cases is caused by the force of a blow to the head, the jostling of the brain inside the skull, etc.
Common types of brain injuries suffered due to auto accidents, falls, and other incidents that may give rise to a personal injury claim include:
- Concussions: A mild traumatic brain injury caused by a blow or jolt to the head, often resulting in temporary changes in brain function. Symptoms may include confusion, memory problems, headaches, and dizziness.
- Contusion: A bruise on the brain tissue is usually caused by a direct impact to the head.
- Hematoma: Trauma to the brain can cause blood to escape from vessels and pool inside the head. Blood may build up between the interior of the skull and the brain (epidural hematoma), between the brain and its outermost protective layer (subdural hematoma), or inside the brain (intracerebral hematoma).
- Hemorrhage: Bleeding may occur within the tissues of the brain (known as a cerebral hemorrhage) and/or the space between the brain and its outer membrane (known as a subarachnoid hemorrhage).
- Coup-contrecoup injury: A coup-contrecoup injury occurs when the brain strikes one side of the inside of the skull and is then forced in the opposite direction, resulting in a secondary impact.
- Diffuse axonal injury: Axons are nerve fibers that connect neurons. These connections can be torn as a result of catastrophic injury to the brain. Diffuse axonal injuries tend to have dire outcomes, including coma and death.
Each type of brain injury can result in a wide range of symptoms, complications, and long-term effects. It is important to seek medical attention promptly for any suspected brain injury to ensure appropriate diagnosis, treatment, and management. A Las Vegas brain injury lawyer, meanwhile, can determine what legal rights you have and help with your claim.
What Is Considered a Serious Brain Injury?
Any type of brain injury should be taken seriously. Even concussions (which have historically been considered a “mild” form of TBI by medical professionals) can have devastating consequences.
Doctors take a number of factors into account when assessing the seriousness of a traumatic brain injury. Key considerations when determining the severity include:
- Glasgow Coma Scale Score: The Glasgow Coma Scale (GSC) is used to diagnose a person’s level of consciousness and neurological functioning after a brain injury. A GCS score of 8 or lower is commonly used to define a severe brain injury. This indicates a significant impairment of consciousness and neurological function.
- Duration of Loss of Consciousness: If a person loses consciousness for an extended period, usually more than 24 hours, it is often indicative of a severe brain injury.
- Post-Traumatic Amnesia: Prolonged periods of amnesia (memory loss) following the injury—typically lasting for days or even weeks—can indicate the severity of the brain injury.
- Intracranial Hemorrhage or Edema: Severe brain injuries are often associated with bleeding (hemorrhage) or swelling (edema) within the brain. These issues can lead to increased intracranial pressure and potential damage to brain tissue.
- Neurological Deficits: The presence of significant neurological deficits, such as paralysis, severe cognitive impairment, and loss of motor skills, may suggest a serious brain injury.
- Long-Term Impact: A severe brain injury can result in long-term disabilities and cognitive impairments that significantly affect the person’s quality of life, functional abilities, and independence.
- Surgical Intervention: In some cases, a traumatic brain injury may require surgical intervention to relieve intracranial pressure, remove blood clots, or address other complications.
Based on these and other factors, medical professionals can determine how serious the brain injury is and the prognosis for recovery. No matter the severity, it is in your best interest to speak to a brain injury lawyer if you suffered harm due to the negligence of another.
How Long Do I Have to Make a Claim?
Laws setting the time limit for particular legal actions are known as the statute of limitations. The statute of limitations in Nevada for personal injury and wrongful death claims is 2 years. If you suffered a brain injury through no fault of your own, you have 2 years to file a lawsuit against the party or parties at fault.
Personal injury claims are often settled out of court, sometimes without the need to file suit. If a fair settlement cannot be reached, however, it is critical to initiate legal proceedings within the 2-year time limit.
Given the limited time you have to make a claim, it is important to explore your legal options promptly in the aftermath of a brain injury. Our lawyers will immediately investigate the cause of the TBI, identify who is at fault, and prepare a strong case on your behalf. We have extensive experience negotiating favorable settlements, and will not hesitate to file a lawsuit and take cases to trial to maximize your recovery.
Do I Need a Brain Injury Lawyer?
Brain injuries are devastating. They affect virtually all aspects of life, creating financial burdens and extreme limitations for victims and their loved ones. You should not have to bear the expenses and difficulties by yourself if someone else is responsible for the incident that led to your traumatic brain injury.
Burg Simpson is an award-winning law firm with extensive experience handling complicated personal injury claims. We understand the complexities of brain injuries and how they can impact people’s lives, as well as the legal remedies that may be available.
For a FREE and confidential case evaluation, call Burg Simpson at 702-668-2070 to speak to a knowledgeable brain injury attorney. Our lawyers serve clients in Las Vegas, all of Nevada, and nationwide.