Our brain is one of the most important organs in our bodies. The brain is responsible for how we think, feel, speak, move, and behave. Injuring this vital organ can severely disrupt basic functions of life. If you or someone you know has suffered a traumatic brain injury as the result of an accident or someone's negligence, it's important to be aware of the potential impacts these types of injuries can have.
A brain injury can be a life-altering injury that may seem insurmountable immediately following
- a crash
- a fall
- an explosion
- an assault
- a gunshot wound
- or other accident.
In addition to the many challenging symptoms you or a loved one might be experiencing, you are also facing concerns about medical costs and recovery. The first thing you should do is to seek medical care immediately. Then call us so we can fight for you.
Hiring Stovall & Associates as your brain injury lawyers, you get a law firm who will stand up to the giant insurance companies. We have decades of experience representing clients in all types of brain injury claims. We will get maximum compensation for you.
What Is A Brain Injury?
A brain injury or traumatic brain injury usually results from a violent blow or jolt to the head or body, most often from an car accidents, explosions, or slip and fall accidents. Because the brain is such an intricate and mysterious organ, there's no telling initially just how severe or long-lasting these types of traumatic brain injuries will be. These injuries are some of the scariest and most challenging types of injuries a person can suffer, with serious long term effects that can include:
- Memory problems
- Hearing impairment
- Vision impairment
- Sleep impairment
- Difficulty catching their breath
- Lack of motor skills
- Lack of balance or coordination
- Slurred or impaired speech
- Lack of cognitive abilities or understanding
- Severe headaches
- Emotional or behavioral changes
- Inability to remain focused or pay attention
Compensation for Brain Injuries in Nevada
If your life has been impacted from suffering a brain injury, you may be entitled to money for your medical bills, future care, loss of income from being unable to work and support your family, emotional pain and suffering, and the loss of future enjoyment of life.
Fortunately for our clients, we've seen it all before and have 35 years of taking brain injury cases to trial behind us, so we know exactly how to handle insurance companies and their tactics.
When you are injured through someone else's negligence you are entitled to compensation. You can also recover money if your brain injury occurred because someone else was reckless or intentionally hit you or injured you in another intentional act of violence.
An experienced Clark County personal injury lawyers may be able to help you recover money damages that go beyond your current medical bills. For example, you can be compensated for decreases in your quality of life, or loss of employment. Nevada victims of brain injuries are also entitled to compensation for their expected future medical bills.
Often brain injuries will have lifelong medical consequences, and some of them can be very expensive. Some of these consequences include:
- Physical Therapy
- Occupational Therapy
- 24 hour care
- Home Healthcare
You may also be entitled to compensation for long-term care or to help you learn new skills.
Costs of Brain Injuries in Nevada
Costs associated with long-term debilitating traumatic brain injuries usually reach into the millions. Some injuries require repeated surgeries and a lifetime medical treatment and care. Victims of these injuries may also be unable to work permanently or to continue working in the same profession, making their financial losses even greater. Victims can even lose abilities or their senses like speaking, smelling, hearing, and more that significantly impact their ability to enjoy life.
In many cases, the person at fault for causing the brain injury can be held liable. Nevada laws allow victims of traumatic brain injury to seek full compensation for their injuries. This includes not only the costs that the victim has already incurred, like existing medical bills … but also their expected costs and losses in the future.
Can I recover for pain and suffering after a brain injury in Nevada?
If you have suffered a serious injury, you may be entitled to recover for “non-economic” damages under Nevada law.
“Non-economic damages are those not related to your actual out-of-pocket costs. They include recovery for pain, suffering, inconvenience, physical impairment, disfigurement and other non-pecuniary damages.
There is no set amount a jury can award for pain and suffering damages in Nevada. In making an award for pain and suffering, a jury may award any non-economic damages it finds to be just and reasonable in the light of the evidence.
Exception: If your brain injury resulted from medical malpractice (professional negligence), there is a cap of $350,000 for non-economic losses.3
The cap on non-economic damages in medical malpractice cases was approved by Nevada voters in 2004 as part of a medical malpractice reform ballot measure called the “Keep Our Doctors in Nevada” initiative.
Can I get punitive damages for a brain injury in Nevada?
“Punitive” and “exemplary” damages differ from damages meant to compensate you for economic and non-economic losses. They are meant, instead to:
- Punish wrongdoers who behave in a reckless or malicious manner, and
- Set an example to deter others from engaging in similar behavior.
Exemplary and punitive damages in Nevada are in addition to the damages you receive for your out-of-pocket (“compensatory”) and non-economic losses.
In general, under Nevada law punitive damages are capped at:
- Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more; or
- Three hundred thousand dollars if the amount of compensatory damages awarded to the plaintiff is less than $100,000.
The cap does not apply, however, when an injury results from:
- A defective product,
- The emission, disposal or spilling of a toxic, radioactive or hazardous material or waste, or
- The wrongful actions of a driver who has willfully consumed alcohol and/or drugs.
You are legally entitled to compensation whether the person who injured you did so carelessly, recklessly, or intentionally.
Do Not Sign Settlement Paperwork Without Legal Advice
Insurance companies love nothing more than to have an injury victim sign papers without talking to a licensed Nevada attorney. Consulting with a lawyer in Las Vegas can mean the difference between a quick but inadequate payout and the full amount your case is worth.
That is because there may be injury-related expenses you had not yet considered—or because the initial settlement offer is very low compared to settlements reached in similar cases. Experienced Clark County attorneys can help you evaluate any settlement offer fairly—and often can improve it considerably.
Talking to an attorney does not necessarily mean you will be going to court. In most cases, your Las Vegas lawyer will still reach a settlement agreement with the insurance company. It will just be a settlement that keeps all your needs in mind—both in the short term and the long term.
Call us for help…
There Are Time Limits On When You Can Take Legal Action
Time is of the essence. Please contact Stovall & Associates today for a free, no risk consultation. Remember when you hire Stovall & Associates, we go all in with you, and you pay nothing until we win your case! You will always talk with an attorney when you call our firm, day or night. We are here for you.