Traumatic brain injuries (TBIs) can lead to disabilities and deaths. Those who survive these injuries can sustain different short-term and long-term complications. The devastating impacts of a TBI affect both the victims and their families. Thankfully, state law offers victims some rights after suffering from a traumatic brain injury in an accident caused by another party. A Brain injury attorney in Las Vegas can help enforce these rights by filing a personal injury claim for financial compensation.
Causes of TBIs
TBIs happen when you experience a jolt or blow to your head that interferes with normal brain functioning. The seriousness of your injury depends on how strong the force of the impact is. A considerable blow to the head can lead to long-term consciousness, permanent brain damage, memory loss, and disability. Some events such as vehicular accidents, slip and fall accidents, defective products, medical malpractice, and physical assault can cause a TBI.
What are Your Rights After Sustaining a TBI
Although the exact cause of a TBI may vary, a lot of TBIs develop due to the negligence or carelessness of another party. Personal injury cases are based on negligence. To recover compensation for your TBI, you must prove that the at-fault party owed you a duty of care, that this party breached this duty, that this breach led to the accident and your TBI, and that you sustained losses due to the injury.
Often, you need to file a personal injury claim with the insurance company of the negligent party to recover monetary damages. But keep in mind that you may encounter challenges as you try to pursue compensation. The insurer may blame you for the accident or dispute the severity or nature of your TBI. The insurance company may use this allegation to devalue or deny your claim. An injury attorney can handle talks and negotiations with the insurer for you, ensuring you get the maximum compensation you deserve. Your compensation should cover all of your losses including medical expenses, lost wages, pain and suffering, emotional distress, and others.
If the insurance company refuses to settle your claim during negotiations, your accident attorney can take your case to court. When this happens, the attorney will file a lawsuit, give you court representation for appearances and hearings, conduct discovery, and serve as your advocate. Your attorney will make sure you file a lawsuit within two years from the accident or injury date, so you don’t lose your right to compensation.