How can a Las Vegas personal injury attorney help with a brain injury?
Last Updated on September 28,2023
Just hearing the words brain injury is enough to cause feelings of panic and fear. When someone has suffered a brain injury in a car accident, a slip and fall accident, or a motorcycle accident, the victim’s entire life, and that of their family, can be turned upside down in the blink of an eye.
Brain Injuries Can Change Lives and Lifestyles
When someone suffers a brain injury, their entire lives may change. Many suffer personality changes, go through physical changes, and may even lose control over bodily functions. The more serious a brain injury, the more significant the impact on their life and their family members’ lives.
In addition to the devastating consequences of brain injuries, there are other severe injuries that can greatly impact an individual’s life, such as spinal cord injuries. Some common causes of these spinal cord injuries can be as traumatic as those leading to brain damages. If you or someone you know is trying to navigate the aftermath of a brain injury, understanding the timeline for filing a brain injury claim can be invaluable in the legal journey ahead.
A personal injury attorney who has a proven track record of helping those who have suffered a brain injury can help a family recover financially. Following a brain injury, victims may require long-term nursing care, home modifications to ensure safety, and may require extensive rehabilitation. The person who is responsible for the injury should be held financially liable for these unexpected expenses.
Types of Compensation for Brain Injury Accident Victims
When someone suffers a brain injury, there are several types of compensation which they may be entitled to collect. Some of the types of compensation include:
- Medical expenses — all medical expenses associated with the initial accident including emergency room treatment and subsequent treatment provided to the victim.
- Lost income — whether someone is self-employed or works for an employer, there will be lost time from work while recovering. In some cases, victims may be unable to return to work, which would require estimating lost future income as well.
- Other expenses — in some cases, home modifications, medical equipment, and transportation to and from doctor’s appointments may be necessary. These expenses may be included in a claim for damages.
- Non-economic losses — there may be other types of compensation for pain and suffering, or loss of enjoyment of life which may be considered for an insurance settlement.
When hiring a brain injury attorney to help with insurance claims, victims have a better chance of getting a full picture of the types of damages which they may be entitled to collect. Many times it will not be evident for several weeks or months just what the recovery level will be and this may change the time frame for filing a claim.
Working With an Insurance Company Following a Brain Injury
Most of us have some form of insurance and we anticipate when we file a legitimate claim that it will be paid out in a timely manner. We often forget that insurers lose money when they pay out claims. When someone causes someone else to suffer because they were negligent, their insurance company will fight hard to minimize the amount of the claim they are going to pay.
Recovering damages after a traumatic brain injury is never easy. Anyone who is fighting on behalf of themselves or a loved one following a brain injury should be aware of the following:
- Never give a recorded statement — insurance companies will often request recorded statements to see if they can identify contradictions in the statements to minimize their liability.
- Avoid signing documents — in the days following an accident report, the liable party’s insurer may reach out to have documents signed. Never sign a document that has not been reviewed by an attorney. Doing so could mean forfeiting important rights.
- Follow up as directed — it is never a good idea to skip doctor’s appointments, rehabilitation appointments, or appointments scheduled for tests. Insurers will take this to mean the injury may not be as serious as previously indicated.
Victims of a brain injury have rights and to fully understand their rights, they should speak with an attorney who has a proven track record of getting results for their clients. While everyone knows that past results are not always a reflection of future results, knowing there is someone committed to advocating for a victim can provide victims and their family with peace of mind.
Time Frames Matter in Brain Injury Cases
One of the reasons why it is important to contact an attorney as soon as possible after a brain injury diagnosis is time. Under Nevada’s statute of limitations, victims must file a claim within two years. This may seem like a long time, but the reality is the investigation of the cause of the brain injury and other parts of the claim process can be complicated. An attorney who has experience can take care of some of the following:
- Investigation of accident — the root cause of the accident is important to determine fault. When a roadway accident is the reason for a brain injury, police reports, witness statements, and other evidence must be compiled. In most cases, an attorney can compile this information with more ease than the victim or their family.
- Maximum recovery time — brain accident victims may not know for months how much they can return to their prior activities including work. Medical teams will have to assess the victim’s condition to determine when and if normal activity can resume.
- Insurance negotiations — once an attorney has issued a demand settlement with the insurance company, chances are there will be a period of negotiation. In the event these negotiations are successful, claims can be settled relatively quickly.
- Lawsuit preparation — in the event insurance negotiations are unsuccessful, an attorney will be fully prepared to take the defendant’s insurance company to court to reach a settlement. This is important because this must be done before the statute of limitations expires.
Working with an experienced brain injury lawyer can help ensure that a victim’s rights are protected while working towards the maximum settlement which may be obtained on their behalf. Consultations are free and can help make sure victims and their families understand what rights they have and have a better understanding of their legal options.
Contact an Experienced Brain Injury Attorney Today
You can schedule a free, no obligation review of your brain injury case today to determine what steps should be taken to submit a claim by calling an experienced Las Vegas brain injury lawyer by using our simple online contact form.