A severe injury to your brain or spinal column can turn your life upside-down. These injuries often result in long-term challenges, including loss of mental and physical abilities. Furthermore, victims’ family members and loved ones face the challenge of providing full-time care and medical treatment, which is costly and exhausting.
You may be eligible for compensation if you or a loved one suffers a traumatic brain injury (TBI) caused by someone else’s negligence or recklessness. The Henderson traumatic brain injury attorneys at Edward Bernstein and Associates can provide aggressive and compassionate legal representation to traumatic brain injury victims.
We know too well how catastrophic a TBI can be, thus our commitment to protect your right to compensation.
Henderson Traumatic Brain Injury Guide
- What is a Traumatic Brain Injury?
- Types of TBI
- Symptoms of Traumatic Brain Injury
- Seeking Compensation After a TBI
- Do I Have a Case?
- Proving Liability in TBI Claims
- Recoverable Damages in Brain Injury Claims
- Do You Need a Traumatic Brain Injury Attorney?
Why Choose Us?
The law firm of Ed Bernstein and Associates is solution-oriented and client-focused. We are empathetic to your needs, which is why we provide fierce advocacy amid challenging situations. Our attorneys in Henderson and the Las Vegas Metro Area focus on securing the best possible outcome with each traumatic brain injury case we handle.
After suffering a severe brain injury, the last thing you want is to handle a claim yourself. For this reason, we provide our clients with effective legal representation and the attention and commitment they deserve. We also work on a contingency basis, so you won’t pay us until we secure your compensation.
What is a Traumatic Brain Injury?
TBI is a disruption in the brain’s normal functioning caused by a severe blow or jolt to the body or head. It can also occur when objects such as bullets pierce the brain tissue. The injury can range from moderate to severe, depending on the extent of the blow. Some victims recover from TBI over time, yet others are forced to cope with the symptoms for life.
The leading causes of TBI include:
- Falls from a ladder, stairs, and other elevated locations. Seniors are particularly prone to fall-related TBI.
- Vehicular accidents.
- Gunshot wounds.
- Sports injuries and the resultant concussions.
- Blast injuries from explosions.
- Product malfunctions.
Types of TBI
There are different types of traumatic brain injury, including:
- Concussions: These injuries occur when the brain and skull collide and are the most common TBI.
- Brain Hemorrhage: This is uncontrolled bleeding on or inside the brain tissue surface.
- Contusions: This brain injury is caused by bruising on the brain surface, resulting in mild internal bleeding.
- Coup-Contrecoup Brain Injury: This TBI occurs when a severe blow forces the brain to hit the skull, rebound, and strike the other part of the skull.
- Penetration Brain Injury: As the name suggests, this brain injury occurs when the skull gets penetrated, and skull fragments or foreign objects enter the brain.
- Diffuse Axonal Injury: This TBI occurs when the brain is shaken or twists inside the skull, depriving it of oxygen.
- Second Impact Syndrome: When a second brain injury occurs before the initial one heals.
Symptoms of Traumatic Brain Injury
Brain injuries are often progressive, and only a few have tell-tale symptoms.
You may have a brain injury if you experience any of these symptoms after suffering a blow to the head:
- Prolonged confusion or disorientation.
- Loss of consciousness.
- Nausea or vomiting.
- Slurring of speech.
- Concentration difficulties.
- Numbness in the toes and fingers.
- Loss of coordination.
- Sensitivity to sound/light.
These symptoms may not arise immediately after you get injured. Even so, it’s best to seek medical treatment as soon as you get injured. It helps to rule out other conditions besides ensuring that your condition gets diagnosed and treated early.
Seeking Compensation After a TBI
A brain injury can significantly hamper your mental, physical, and emotional capabilities, not to mention the financial implications that come with it. Depending on the severity of your brain injury, treatment costs can exceed $3 million. Victims may also find it hard to work, attend school, enjoy social interactions, and engage in daily tasks as they used to, even long after getting treated.
The quality of your life will undoubtedly suffer after a traumatic brain injury. For this reason, you deserve compensation for your damages and losses if the injury resulted from someone else’s negligence. Although financial recovery may not restore the quality of life you had before the injury, it can help cover your expenses.
The Henderson brain injury lawyers at Edward Bernstein and Associates can help hold the at-fault party liable for your injuries and losses. Our experienced attorneys can identify all parties that could have legal liability for your damages. We can defend your right to compensation from the liable parties and ensure you don’t pay the high treatment and rehabilitation costs out of your pocket.
Do I Have a Case?
Each person who suffers a traumatic brain injury has unique medical needs. A skilled brain injury lawyer from our offices in Henderson can help determine the cost of the injury, including expected treatment and rehabilitation costs. After that, we will build a robust compensation claim or lawsuit that meets your recovery needs.
During the initial case consultation with our team, we can discuss your injury and everything else related to it. This way, we can determine whether you have a valid claim. Our attorneys understand the intricate nature of brain injury claims and are ready to fight for you and secure what you deserve.
Proving Liability in TBI Claims
Under Nevada law, you can seek compensation if your TBI resulted from someone else’s negligence. To hold the at-fault party liable for your damages and losses, we must prove that they owed you a duty of care, but they failed to exercise it. The critical questions our attorneys must ask are:
Who Violated a Duty of Care?
TBI often results from someone else’s reckless actions. It could be a reckless driver who violated their duty of care to other road users or a building owner who failed to install proper stairs. Whoever it is, we will get to the bottom of the matter and identify all parties that may have contributed to your brain injury.
How Did the Violation Contribute to Your Injury?
In some cases, other entities may have contributed to your injury. For instance, a fleet company may share liability with their driver who hit you, causing your injuries. Thanks to our experience handling brain injury claims in Nevada, we can help you understand the claims process and the compensation you deserve.
Recoverable Damages in Brain Injury Claims
After suffering a traumatic brain injury, the extent of your injury and share of fault determine the compensation you’re entitled to. You need an experienced Henderson brain injury attorney to identify all parties that may have legal liability for your injuries. You may recover the following damages:
Brain injuries are costly to treat, and medical expenses tend to pile up fast. Besides the initial hospitalization costs, you’ll face ambulance charges, occupational therapy, and psychological therapy. Severe TBI may also leave you unconscious for long periods, forcing you to stay in the ICU or rehabilitation facilities.
Talking to Ed Bernstein and his team can help you quantify all your medical expenses, rehabilitation costs, and future expenses. In doing so, the compensation claim we file will reflect the exact cost of the losses and damages you suffered.
A brain injury can put you out of work for a while or prevent you from ever returning. During your treatment and recovery, you may work for fewer hours or be out of work altogether. Furthermore, TBI often makes it challenging to concentrate and focus, making it difficult to complete even the simplest tasks.
Those who undertake higher-level cognitive tasks may struggle with them after suffering a traumatic brain injury. As such, their earning capacity can reduce significantly, putting them in a precarious financial situation. Seeking compensation for your lost/reduced wages can help alleviate your financial burden.
Pain and Suffering
Traumatic brain injury victims incur significant medical expenses and loss of income besides experiencing symptoms that cause debilitating pain and suffering. The brain injury attorneys at Ed Bernstein and Associates can pursue compensation for your pain and suffering. During the case consultation, we can often quantify the pain and suffering you experienced and include it in your compensation claim.
Loss of Consortium
You deserve compensation for your loss of companionship and enjoyment of life. For instance, your brain injury may force you to miss out on activities you previously enjoyed. Some victims also struggle with feelings of loneliness and isolation. Getting compensated can help you make the adjustments you need to have a semblance of the life you previously had.
Do You Need a Traumatic Brain Injury Attorney?
Patients and their families may find traumatic brain injuries hard to manage, especially if they decide to pursue compensation. After suffering a TBI, you may be tempted to pursue compensation on your own. Nonetheless, that comes with the risk of failing to recover the full compensation amount, if any.
Here’s what our skilled Henderson brain injury lawyers can do for you:
Gathering Evidence to Build a Solid Case
Proving liability in traumatic brain injury cases can be difficult. You must prove that the injury was caused by someone else’s negligence. For this reason, you need an attorney who understands Nevada’s personal injury law and has experience advocating traumatic brain injury cases.
At Edward Bernstein and Associates, the outcome of each case we handle is critical to us. We boast a team of aggressive litigators with the experience to build a strong case and secure fair and timely compensation for you.
Negotiating a Fair and Fast Settlement
After filing a compensation claim, the insurers will try to negotiate a quick settlement or refuse to pay you altogether. It’s ill-advised to accept such low-ball offers before you’re fully aware of the extent of your TBI and the related losses. Once you accept such a settlement, you won’t be able to ask for more money if your injuries worsen.
Avoid speaking to the insurance company without an attorney. With piling medical bills and other expenses, it may be tempting to accept a settlement, but you should first consult an attorney. Our team offers compassionate legal advice and can negotiate with insurance companies on your behalf.
We understand the challenges of suffering a traumatic brain injury, so we’ll fight to obtain the highest compensation possible. Having handled similar cases, we know the various damages you’re eligible for and can fight to secure maximum compensation. All you have to do is focus on your recovery and let us defend your rights.
Securing Your Best Interests
The lengthy legal process when filing a compensation claim can make you lose your confidence. There’s so much to do, from filing your claim and making endless calls to negotiating with reluctant insurers. This can be overwhelming, especially when trying to recover from your injury.
Nevertheless, don’t drain yourself physically, emotionally, and financially or settle for less when you can count on our team for legal representation. We can take care of the complex aspects of your case and give you the peace of mind to focus on what’s significant; recovering from your injury.
Filing a Lawsuit
Not all traumatic brain injury claims end at settlement. When we fail to settle with the insurance company, we will be ready to take your claim to court. We do this knowing too well that each case we handle is built with a trial in mind.
If your case proceeds to court, our brain injury attorneys will be at hand to offer legal advice and representation throughout the proceedings. While at it, we can fight for more than monetary compensation; we may request punitive damages against the negligent party. So, don’t take chances with your compensation claim when you have a team you can count on.
Contact Our Henderson Brain Injury Attorneys
No amount of money can compensate for your losses after a traumatic brain injury. Nonetheless, a fair and timely monetary settlement will ensure you receive the medical care you deserve, besides lessening your financial burden.
The Henderson personal injury attorneys at Ed Bernstein and Associates are here to see to that by holding the at-fault parties liable and accountable for your full recovery. Don’t settle for less than what you deserve. Instead, contact Edward Bernstein and Associates today at (702) 728-4137 for your free, no-obligation consultation.