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How to Win a Settlement That Covers Your Short-Term and Long-Term Needs
Traumatic brain injuries (TBIs) definitely make the top of the list of most feared injuries among accident victims. They are hard to diagnose, ridiculously expensive to treat, and can permanently lower the quality of your life.
According to the CDC, traumatic brain injuries are the leading cause of death and long-term disabilities among accident victims. There are 2.2 million visits to the ER every year simply due to TBIs.
The lifetime treatment cost of a traumatic brain injury may fall between $85,000 to $3 million. You need serious compensation to cope with the severe consequences of TBIs. A skilled personal injury attorney with experience handling TBI injuries is the support you need to secure it.
At Anthem Injury Lawyers, our team has won several six-figure and seven-figure settlements for our injured clients. We know what it takes to prove the seriousness of your condition and legally assert your claim.
Understanding Traumatic Brain Injuries
TBIs can lead to cognitive problems, loss of motor function, memory loss, speech impairment, permanent disability, and death.
Nearly 80,000-90,000 TBI injury victims go on to develop permanent disabilities.
You know what’s scary?
A huge number of these victims didn’t even know the severity of their TBI. In some cases, they didn’t even know they had a TBI. It was left undiagnosed and untreated.
Here’s how TBIs can be extremely deceptive and turn into invisible killers:
- For the injured patient – The patient doesn’t see any visible injury and may ignore the mild symptoms that pop up after the injury.
- For friends and family of the victim – There’s no visible injury to notice and it may take careful scrutiny to notice behavioral and cognitive changes.
- For doctors – TBIs require extensive brain imaging tests and neurological expert consultations to be diagnosed. They are notoriously difficult to catch at early stages. So doctors may miss their signs and symptoms.
Legal Expertise in Brain Injury Cases
Traumatic brain injury cases can be complicated for a variety of reasons. Everything from their diagnosis to their treatment and impact on your life is challenging.
Proving liability and the severity of your injuries needs medical and legal expertise. We lead a thorough investigation to identify the liable parties, gather evidence, and assertively negotiate your settlement.
Our traumatic brain injury lawyers work with a reputed network of medical experts to document the impact on your physical and mental well-being. We have recovered over $700 million in compensation for our clients. It has helped them get the financial stability needed to support their immediate and long-term recovery.
Areas of Legal Focus
Accidents can have unpredictable consequences. Some high-speed car accident victims may be lucky to walk away with a few bruises. On the other hand, a slip-and-fall injury victim could end up suffering a brain hemorrhage. Or maybe both of them suffer the same type of injury.
However, the legal process to seek compensation in each case is unique. You may need to be familiar with a whole new set of laws and adapt your legal strategy accordingly.
Here are the various personal injury cases handled by our firm:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bus accidents
- Taxi cab accidents
- Rideshare accidents
- Pedestrian accidents
- Traumatic brain injuries
- Medical malpractice
- Nursing home abuse
Defining Traumatic Brain Injury
A traumatic brain injury (TBI) is a neurological injury caused by a violent blow or sudden jolt to the head. Most TBIs are caused when your brain rattles against the inner walls of your skull. They are rarely caused by an object penetrating your skull. That’s why TBis are extremely hard to detect by the victim because they leave no visible mark.
Can you imagine what happens when your delicate brain tissue hits one of the hardest parts of your body? Nothing good. It can lead to bruising, tearing, bleeding, and other physical damage to the brain tissue.
Your brain controls your body. So how your body is affected is determined by which part of the brain is damaged and the extent of damage suffered.
Recognizing Warning Signs
Brain injuries aren’t always obvious. It’s difficult for even doctors to diagnose unless you seek medical attention and go through a series of important tests. A lot of the symptoms are psychological in nature, and end up being easily neglected.
Make sure to get medical attention if you notice any of the following symptoms:
- Headache
- Dizziness
- Confusion
- Memory loss
- Fatigue
- Nausea
- Vomiting
- Seizure or epilepsy
- Sensory sensitivity
- Mood changes
- Difficulty sleeping
- Slurred speech
- Blurred vision
- Loss of consciousness
People who are diagnosed with mild, moderate, or severe TBIs often report these symptoms before their condition is confirmed.
Common Causes of Brain Injuries
TBIs are more common in certain groups of people like athletes, construction workers, police authorities, and military personnel.
People above the age of 65 are also at a significantly higher risk. Any activity that could potentially lead to a fatal head blow or sudden jolt to the head can cause a TBI.
Here are the most common causes of traumatic brain injuries:
- Domestic violence
- Assault
- Vehicle accidents
- Slip-and-fall accidents
- Gunshot wounds
- Suicide attempts
- Shaken baby syndrome
- Sports or training accidents
- Workplace accidents
Validity of Brain Injury Cases
Getting a brain injury doesn’t automatically qualify you for compensation. Someone has to be liable for your injuries so that you can demand compensation from them. Unfortunately, most TBIs are preventable. They are caused by some negligence by one or multiple parties.
So if you were injured by someone else’s negligence, you’re legally entitled to seek compensation from them.
You can file a personal injury claim against the liable party’s insurance provider. You can choose to file a lawsuit directly against the liable party if you’re unable to negotiate a fair settlement.
Elements of a Personal Injury Case
Negligence in TBI cases is a serious charge. Both the liable parties and their insurer will fight hard to contest your claim. There are potentially hundreds of thousands of dollars at stake for them. So proving fault isn’t a matter of tossing verbal accusations back and forth.
You have to follow a systematic legal process to back up your arguments. The door to compensation only opens up when you have convincingly proven the negligence involved in your case.
Here are the four key elements of negligence required to prove a personal injury case:
Duty of care – You have to establish that the party involved in the accident owed you a duty of care.
Breach of duty – The party neglected their duty of care promoting recklessness.
Causation – This breach of duty was the proximate cause of your accident.
Damages – The accident caused by their negligence directly led to your injuries and losses.
Recoverable Damages in Brain Injury Claims
The road to recovery in a TBI case may be full of twists and turns. Victims often end up facing complex physiological, cognitive, and behavioral changes.
They can create temporary or permanent setbacks for their personal and professional lives. Your job, relationships, finances, and everything you hold dear are at stake.
Here are the steps many TBI victims have to go through on their road to recovery:
- Multiple invasive surgeries
- Extended hospital stays
- Physical, occupational, and speech rehab therapy
- Mental counseling for emotional support
- Giving up their job and household responsibilities due to their limitations
- Assisted care services to help them with daily activities
As you can see, you need a lot of resources to take care of yourself properly after suffering a TBI. So don’t be in a hurry and accept a lowball offer from the liable party. You need a skilled Henderson traumatic brain injury lawyer to protect your interests.
They’ll accurately assess various damages to maximize your settlement, such as:
- Past and projected medical expenses
- Lost wages
- Loss of earning potential
- Rehab expenses
- Mental health counseling costs
- Property damage
- Pain and suffering
- Loss of companionship
- Loss of quality of life
The Importance of Timeliness
In Nevada, the statute of limitations for filing a personal injury claim, including traumatic brain injury cases, is a legal deadline you must adhere to strictly. According to Nevada Revised Statutes § 11.190, the statute of limitations for personal injury claims, including traumatic brain injuries, in Nevada is two years from the date of the injury.
Failing to file a claim within this prescribed timeframe can result in losing the right to recover damages.
However, Nevada applies a “discovery rule” to the statute of limitations. It means this legal deadline begins from the date when the victim found out about the brain injury.
Here are a few exceptions that may still allow you to file a claim:
- The nature of the legal claim was concealed from you
- You were struggling with a significant health condition that made it difficult for you to take legal action
- Minors who suffered an injury when they were below 18 years old have two years to file a claim once they turn 18
The earlier you take action, the stronger your lawyer’s chances of gathering all the necessary evidence for your claim. Seek legal counsel as soon as possible after the incident to make sure they meet the necessary deadlines.
Accessible Legal Support
Anthem Injury Lawyers are committed to being a compassionate and reliable partner throughout your TBI case. We know how stressful it is just to deal with the pain and uncertainty of a severe injury.
That’s why we take charge of every legal step allowing you to focus on what truly matters – your recovery. And you won’t have to worry about paying us a dime until we win your settlement. It’s part of our mission to make high-quality legal representation accessible and affordable to everyone.
Justice won’t come knocking on your doors until you don’t ask for it. So don’t delay taking legal action. Call us for a free initial consultation to know what your brain injury case is worth. Our reputed team of Henderson TBI lawyers will choose the fastest legal strategy available to get the best possible settlement.
