How Brain Injury Law Firms Help Accident Victims

May 10, 2021 | Ed Bernstein
How Brain Injury Law Firms Help Accident Victims CT of a brain with traumatic injury from car crash in las vegas

How a Brain Injury Law Firm Can Help Accident Victims

Brain injuries can happen in any kind of accident. You could slip on a freshly waxed floor in a Las Vegas casino and hit your head. Your doctor could administer the wrong amount of anesthetic, starving your brain of oxygen. You could bang your head on the side window when someone runs a red light and collides with your car in one of Las Vegas’s many busy intersections. Regardless of how a brain injury happens, it could change your life forever. The brain controls the entire nervous system. A brain injury could lead to physical, mental, and emotional symptoms that may require years of physical therapy and psychological counseling. Here are things that you should know about brain injuries and the ways that brain injury lawyers can help accident victims recover fair compensation.

What Constitutes a Brain Injury?

A traumatic brain injury (TBI) occurs when trauma disrupts brain functions. An experienced head injury attorney will need to understand how the brain was injured. This information could help to establish causation for the traumatic brain injury. It could also help the lawyer to understand your prognosis. TBIs can happen in a few ways. Let’s examine some of the most common types.

Blunt Trauma

A blow to the head can cause the brain to move inside of the skull. A concussion happens when the brain sloshes in the fluid surrounding the brain. The pressure of the sloshing fluid causes widespread, but shallow bruising and swelling of the brain. A contusion happens when the brain strikes the inside of the skull. The resulting bruise can result in bleeding and swelling of the brain. If the bleeding is severe, pressure can build up inside of the skull, leading to even more brain damage.

Penetrating Trauma

When an object penetrates the skull, it can physically destroy brain tissue. This could happen when a foreign object, like a metal rod, penetrates the skull. It can also happen when an accident causes a skull fracture and the pieces of bone penetrate the brain. Neurons in the brain communicate with electrical signals. When an object destroys brain tissue, the neurons cannot communicate with each other. The object can also lacerate blood vessels. As a result, the brain will begin to bleed and swell.

Shaking Trauma

A diffuse axonal injury (DAI) can result from trauma that causes the head to move rapidly back and forth. Axons are long neurons in the brain. A whipping or shaking motion can cause the axons to tear. This tearing will disrupt the ability of the neurons to transmit signals. Other names for DAIs include whiplash, shaken baby syndrome, and coup-contrecoup injuries.

Anoxic Trauma

The brain needs oxygen to survive. If the brain is deprived of oxygen, brain tissue will die. Anoxic trauma can occur due to many reasons, including:
  • Disrupted breathing
  • Severe bleeding
  • Pressure on the brain
  • Blood clots
Because of this, anoxic trauma can lack the violence of other forms of head trauma. For example, someone could suffer blood clots from defective prescription medicine. These blood clots could lead to a brain injury.

Effects of a Brain Injury

memory loss from brain injury in Las Vegas car accident Brain injuries can have many unexpected effects. The brain controls the body’s voluntary and involuntary functions. A TBI can cause paralysis and loss of coordination when it disrupts voluntary functions. It can also cause loss of bowel or bladder control and high blood pressure when it disrupts involuntary functions. The brain regulates thoughts and emotions. TBIs can cause personality changes and emotional outbursts. Some common effects of TBIs include:
  • Loss of balance
  • Tinnitus
  • Blurred vision
  • Loss of coordination
  • Nausea or dizziness
  • Vomiting
  • Slurred speech
  • Confusion
  • Memory problems
  • Irritability
  • Personality changes
  • Headache
  • Sleep disorders
Some of these symptoms may take days or weeks to appear. To receive fair compensation for your injuries, you and your head injury attorney need to understand the extent of your injuries. You will also need to understand how your injuries will impact your life. Effects could last for the rest of your life. Your brain injury lawyers must negotiate a settlement or seek a damage award that will cover a lifetime of medical treatment, physical therapy, and psychological counseling.

What If My Brain Injury Is From a Car Accident?

woman with brain injury needed a las vegas injury law firm Nevada uses an at-fault insurance system. This means that liability falls on the driver who caused the car accident and the at-fault driver’s insurer. When it comes to brain injuries, auto insurance can provide both good news and bad news. Auto insurance can provide you with a good start for paying for the damages that arise from a TBI. Nevada requires vehicle owners to carry bodily injury liability insurance with policy limits of $25,000 per person and $50,000 per accident.  But the damages arising from TBIs could exceed the minimum policy limits in Nevada. Damages for injuries include past and future medical expenses, past and future lost income, and pain and suffering. Even a mild brain injury could leave you with much more than $25,000 in medical bills, lost income, and other damages. The good news is that many drivers carry more than the minimum limits and may have additional coverages available. In addition, you may have your own insurance that can compensate you for your injury. Identifying all policies of insurance is an important step for your head injury attorney.

How Can a Brain Injury Attorney Help?

A head injury attorney can help you recover fair compensation in a few ways:

Negotiating with Insurers

Traumatic brain injury lawyers can document your insurance claim and negotiate with the at-fault driver’s insurer to try to get fair compensation under the auto insurance policy. If the auto insurance policy will not cover the damages arising from your TBI, an experienced head injury attorney can develop a legal strategy to pursue the at-fault driver to maximize your compensation.

Litigating Your Claim

A head injury attorney can present the facts and the law to a jury in your case. By assembling persuasive evidence and expert witnesses, the lawyer can put forward the best case for a full and fair damage award. Contact us with questions about the way that Edward M. Bernstein & Associates can represent you in a personal injury case that includes a brain injury. After all, we are one of the best brain injury law firms in Las Vegas.


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.