Brain Injury Lawyers in Las Vegas
It seems like we hear about a football player suffering a traumatic brain injury every other week. Such injuries are thankfully getting more attention from the public and medical community, and this has led to improved outcomes for those who suffer them. However, any type of brain injury — even if it doesn’t stem from trauma — can lead to serious complications for those who suffer from them. If you or a loved one have found yourself in such a situation, the outlook may seem bleak and overwhelming. Fortunately, there might be a way forward. A brain injury lawyer in Las Vegas may be able to help.
At Bernstein & Poisson, we’ve seen the long-term complications that frequently accompany significant brain injuries. Victims often face lost wages, extensive medical bills, ongoing therapeutic needs, and a lifetime of recovery that may never fully get them back to where they were. There’s nothing we can do to rewind the clock for those who have suffered such a serious injury, but we may be able to help you seek financial recovery that could reduce your burden moving forward. You have nothing to lose by reaching out to Bernstein & Poisson. We offer a free initial consultation and work on a contingency-fee basis — meaning unless we recover compensation on your behalf, you will pay nothing.
Are You Entitled to Compensation?
Identifying whether you have a valid brain injury case comes down to liability. There must be evidence that someone else’s actions led to the damages in your case. This requires establishing a duty of care, proving the violation of that duty, and showing that injuries were caused by that violation. For instance, every motorist on the road has a duty of care to avoid dangerous actions. If they violate this duty — such as by speeding or driving drunk — they have acted negligently or recklessly. If someone is harmed during the commission of this violation and those harms result in damages, the at-fault party may be liable for the losses suffered by the injured person.
Unfortunately, these cases are not always clear-cut. For instance, who is at fault for sports injuries? Most people who sign up for sporting activities waive certain rights via liability forms. Could a school or community club be at fault for brain injuries sustained in an activity that clearly has inherent dangers? The answer is yes, but this will be decided on a case-by-case basis. Fortunately, the majority of personal injury cases are settled before ever going to court. When a trial is necessary, though, you’ll need substantial evidence on your side. This can include medical reports, hospital bills, video footage, police reports, and much more.
Clearly, even seemingly simple cases can become complex. This is why you should have a brain injury lawyer in Las Vegas on your side.
What Are the Common Causes of Brain Injury?
If you or a loved one have suffered a brain injury, it’s likely that you already know the cause. Therefore, you probably aren’t worried about other potential causes. However, there’s a chance that you may still be unsure whether you have a valid case after suffering head injuries. This is common. Personal injury cases are often complex by their very nature, and unfortunately, this is even more true of brain injury claims. However, our law firm has seen instances where parties were held liable for harm in all the following cases, among others:
- Car accidents
- Violence
- Bus accidents
- Sports injuries
- Medical malpractice
- Slips and falls
- Strokes and other medical conditions
- Choking, drowning, strangulation
- Toxic or chemical exposure
- Drug overdose
- Seizures
Some of these probably immediately stood out since they would seem to involve no at-fault parties. For instance, could anyone really be responsible for brain injury victims who were harmed due to a seizure? Yes, it is possible. For instance, what if someone suffered a seizure due to a misdiagnosed autoimmune disease? Had the condition been diagnosed correctly, it could’ve been treated and removed the potential for a seizure. Remember, this is just an example that likely doesn’t apply to your case. However, it shows just how easily a brain injury can occur due to someone else’s negligence.
Since there’s no charge to speak with our brain injury attorneys in Las Vegas, you have nothing to lose by learning more about your case. Contact us today.
What Are Traumatic Brain Injuries?
When people think of a serious brain injury, they most often envision traumatic brain injuries (TBIs). Such harm is caused when a person’s body or head is subject to a “violent blow or jolt.” This often results in the brain hitting the skull, but it’s also possible that damage can occur due to a penetrating head injury (e.g., a bullet wound). What most people don’t realize is that a TBI will not necessarily result in long-term complications. Even a minor concussion suffered on the football field is technically considered a brain injury. In these instances, people often go on to live a full life with no issues.
However, we’re seeing an increasing number of brain injury cases stemming from repeat concussions. Even if a head injury seems minor on its own, the culmination of several injuries can lead to chronic traumatic encephalopathy (CTE). Of course, serious harm also frequently stems from just a single incident. Unfortunately, it’s not always easy to tell whether a person will experience long-term issues due to a TBI. Some symptoms may not show up for weeks — and in some instances, the damage will have been done by then. This is why it’s so important to seek medical attention immediately if you’ve suffered a jolt to the head. After getting treatment, though, your first call should be to a brain injury lawyer in Las Vegas.
What Is a Non-Traumatic Brain Injury?
Not every serious brain injury stems from trauma. Non-traumatic brain injuries — more commonly referred to as acquired brain injuries — stem from internal complications. However, this doesn’t mean that an accident didn’t cause the issue. Rather, it simply means something other than trauma led to the damage. For instance, just about every Las Vegas personal injury law firm has handled a case involving near drownings at Lake Mead. In such an event, the victim may go without oxygen for too long. Without oxygen going to their brain, substantial damage and cell death can occur. This is true even if no physical trauma occurred.
This form of brain injury can also stem from health conditions. For instance, a tumor could create pressure in a person’s head. It may seem difficult to point the finger at any negligent party when it comes to such conditions, but you may still have a valid brain injury claim. Perhaps failed disease control on the part of a physician caused unnecessary damage. Maybe exposure to certain toxins in the workplace increased your risk of developing brain cancer. While these examples may be general in nature, they show that an acquired brain injury could easily stem from negligent third parties. Let our law firm review your personal injury case and see if you’re entitled to compensation.
Is There a Deadline for Seeking Compensation for Brain Injuries?
No matter how seriously you’ve been harmed or how clear liability is in your case, there is a deadline for brain injury lawsuits. This is true no matter where you were hurt or the underlying cause. The statute of limitations for brain injury lawsuits in Nevada is two years. It’s important that you file within this timeframe, so you don’t forfeit your right to do so. If you fail to take action in a timely manner, even the best personal injury attorneys in Las Vegas may be unable to help. This is yet another reason you should seek out legal assistance as soon as you get medical treatment.
As in other areas of the law, there are some exceptions and nuances when it comes to the statute of limitations for brain injury cases in Nevada. For instance, the deadline to file is actually one year if your brain trauma or damage was caused by medical negligence. There are also some exceptions if your injury wasn’t immediately discovered. However, it’s important to remember that time is always of the essence — even when the deadline for filing seems far in the future. We handle brain injury cases on a repeat basis, and we know that proving liability becomes more difficult as time passes. Therefore, we recommend seeking a brain injury lawyer in Las Vegas as soon as possible.
And since you can get a free consultation at Bernstein & Poisson, there’s no need to sit around wondering about your rights. Contact us today.
Contact a Brain Injury Lawyer in Las Vegas Today
Suffering brain injuries is one of the most difficult events a person can experience. Even seemingly minor accidents can result in long-term consequences, and in some situations, a single mishap can completely derail a person’s life. There are many potential outcomes for anyone who suffered a brain injury, but the most important thing for these individuals is to hold liable parties accountable. This is the only way to ensure there are consequences for negligent and reckless actions, but more importantly, it may be the only way to avoid financial ruin. Suffering a serious brain injury creates substantial burdens, but receiving fair compensation can help.At Bernstein & Poisson, it’s our goal to ensure that every client has the resources they need. You didn’t ask to be in the position you’re facing, but nonetheless, it’s the situation you’ve found yourself in. An experienced brain injury attorney in Las Vegas can help you deal with the difficulties you’re up against. In some cases, it may be possible to secure a fair settlement from the insurance company — but there are other instances where going to trial may be necessary. Regardless of the best approach, having a personal injury law firm on your side can prove invaluable. Contact us today by calling (702) 707-5934 to schedule a free initial consultation. We’re ready to help.
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I Was Injured In An Accident.
What Do I Do Now?
By Scott L. Poisson

Do I Have A Case?

Dealing With The Insurance Company

When a Lawsuit Is Filed

Overcoming Common Defense Themes

Special Considerations in Specific Types of Cases