Under the Las Vegas law, the personal injury case plaintiff has the right to seek repayment of all economic losses sustained due to the defendant’s negligence or misconduct. Once you have proven the exact cause of your brain injury, your Las Vegas brain injury attorney can then assist you in calculating the full scope of economic damages you can seek from the defendant. These may include:
- Medical expenses, both immediate and future. The defendant who caused your injury is liable for all the medical treatment costs you have incurred and will incur in the future to reach maximum medical improvement from your injury. Many brain injury victims require extensive ongoing care, and all associated medical treatment costs are claimable economic damages in a personal injury case.
- Lost income. Your brain injury will likely leave you unable to perform your job duties until you recover. If so, the defendant who caused the injury is liable for the wages you are unable to earn during this time.
- Lost future income. Unfortunately, many traumatic brain injuries cause permanent disabilities, preventing victims from working in the future. If this applies to your situation, the defendant who caused your injury is liable for the future wages you can no longer earn. Your Las Vegas brain injury attorney can help calculate how much income you would have reasonably expected to earn until retirement and add this amount to your claim as economic damages.
- Property damage. If the defendant’s actions also resulted in property losses, you can claim repair or replacement costs in your personal injury suit.
Once you have accurately calculated your immediate and future economic damages with the help of your attorney, you might be surprised and learn that your case is worth much more than you initially expected. The correct attorney can make a tremendous difference in the final results of your claim, both in terms of the economic damages you recover and how much you receive in pain and suffering compensation.
Nevada does not restrict pain and suffering compensation in personal injury cases, so there may not be any limit on the amount you can seek from the defendant who caused your brain injury. However, the compensation sought in your claim for pain and suffering must reasonably reflect the seriousness of your condition following the incident in question.
Your Las Vegas brain injury attorney can be an invaluable source of guidance when it comes to determining appropriate pain and suffering compensation for your brain injury. If your injury imposes any long-term or permanent medical complications, it’s likely that your pain and suffering compensation will overshadow the total of your economic damages claimed from the defendant.
Many factors can influence the final outcome of your brain injury claim in Las Vegas, increasing the total amount of compensation you win from the defendant. However, there are also factors that might diminish your recovery, specifically any shared fault you hold for causing the incident in question. Under the state’s modified comparative negligence law, a plaintiff found partially liable for causing the damages claimed in a personal injury case will lose a percentage of their final case award to account for their shared liability.
Plaintiff fault is capped at 50% in the state, so if the plaintiff is found to be 50% or more at fault, they cannot seek compensation from the defendant and lose the right to file their personal injury claim. However, if their fault is less than 50%, their fault percentage is deducted from their final case award. So, if you are found to bear 40% fault for your injury, you will lose 40% of the total compensation you win from your case. Having legal counsel you can trust advising you is the optimal way to minimize any comparative fault you absorb in your brain injury case.
Time is crucial for any person who intends to file a personal injury claim of any kind in Las Vegas. It’s vital to find legal counsel you can trust as quickly as possible after your injury so you can start your recovery process right away. Swiftly taking legal action helps to ensure that the physical evidence and witness testimony you need to substantiate your case are as reliable as possible.
Easton & Easton has extensive professional experience with all manner of personal injury claims in Las Vegas, including those pertaining to traumatic brain injuries. Our firm will immediately get to work helping you gather the evidence and testimony needed to prove liability for your damages. Once we have helped you identify the party responsible for your damages we will then move to establish the full scope of those damages, both immediate and future, and both economic and non-economic in nature.
Our goal in every personal injury case we represent is maximum client recovery in the most efficient manner possible. Most of the personal injury cases filed in Las Vegas each year end in private settlement negotiations, and we will aim to settle your case quickly if possible. However, if your case needs to go to court, we are fully prepared to provide the legal counsel you need for intense litigation. Whatever your situation demands, you can expect responsive and considerate legal counsel from our firm through every stage of your proceedings.
Q: How Much Compensation Can I Recover for a Traumatic Brain Injury (TBI) in Las Vegas?
A: A traumatic brain injury can be a life-threatening injury that imposes a host of economic challenges on the victim and their family. Under the state’s personal injury laws, the victim of any personal injury has the right to seek compensation for all the financial losses resulting from the defendant’s negligence or misconduct, and they may also claim pain and suffering compensation. Your Las Vegas brain injury attorney is the ideal resource to consult for an estimate of your case’s total potential value and for maximizing your final case award.
Q: How Will I Prove Pain and Suffering From a Traumatic Brain Injury?
A: Your Las Vegas brain injury attorney can work closely with your medical care team to help you substantiate your claim, including your claim for pain and suffering compensation. Physical pain and psychological suffering may be subjective and seem difficult to translate into monetary value, but your attorney will know the most effective way to prove the extent of the intangible effects of your brain injury.
Q: Are Traumatic Brain Injuries Permanently Harmful?
A: Many brain injuries result in long-term or permanent medical complications. However, one of the difficult aspects of treating traumatic brain injuries is their unpredictability. Multiple victims of seemingly identical brain injuries will have entirely unique recovery experiences. Ultimately, any brain injury has the potential to cause long-term or permanent symptoms while leaving the victim more susceptible to additional brain injuries in the future.
Q: How Long Do I Have to File a Personal Injury Claim for a Brain Injury?
A: The state’s statute of limitations for personal injury claims is two years from the date the injury occurs. You must file your complaint against the party responsible for causing your brain injury within this time limit or lose your ability to seek compensation for the damages they caused. Therefore, it’s ideal to start the process right after your initial recovery to have the highest chances of success with your claim.
Q: How Much Does a Las Vegas Brain Injury Attorney Charge Their Client?
A: It’s understandable to be worried about legal expenses when you are already struggling with the economic impact of your injury. However, the attorneys at Easton & Easton accept personal injury clients on a contingency basis. This means there are no upfront or ongoing legal fees for our client, and we only take a fee once we win the client’s case. Additionally, the fee we take is a percentage of the client’s final case award, and they keep the rest. There is no cost to the client if we are unable to secure compensation on their behalf for any reason.
The attorneys at Easton & Easton have decades of professional legal experience in all types of personal injury claims, including those arising from traumatic brain injuries. If someone else inflicted such an injury on you, there is no reason for you to bear the cost of their actions on your own. Contact Easton & Easton today to schedule a case evaluation with a Las Vegas brain injury attorney and learn more about the legal services we offer.