A traumatic brain injury (TBI) has long-lasting implications for you and your family. If your TBI is the result of someone else’s actions, hold the liable party accountable by meeting with a Mesquite traumatic brain injury lawyer. From here, your attorney can explain how to get money for your injury-related losses.
H&P Law has more than six decades of combined experience on our team. We can put you in touch with a Mesquite catastrophic injury lawyer who will give your TBI case the attention it deserves. Schedule a free case consultation with us to get started.
Why You Should Hire a Lawyer if You Suffer a TBI Through No Fault of Your Own
If you do nothing after you suffer a TBI, you take full responsibility for your injury costs. Alternatively, a Mesquite traumatic brain injury attorney can help you take legal action against anyone who caused you to get hurt. Your lawyer advocates for you and fights to get you compensation.
Your Mesquite personal injury lawyer finds out how you got hurt. Next, they can submit a claim for compensation from any liable parties. Ideally, your attorney gets you money through an insurance claim. If an at-fault party’s insurer chooses not to cover your losses, your lawyer can proceed with a lawsuit. At this point, your lawyer gets your case ready for trial.
The H&P Law team offers FAQs and other resources to TBI victims and their families. We can discuss your legal options with you and let you know if you have grounds for an insurance claim or injury lawsuit. Contact us today for more information.
When to Submit a Mesquite Traumatic Brain Injury Claim
A traumatic brain injury lawyer in Mesquite teaches you about the Nevada Revised Statutes (NRS) and their relevance to your case. Per NRS 11.190, you have two years from the date you suffer a brain injury to seek compensation from any at-fault parties. Your attorney files your claim and argues why you should get money for the harm you have endured.
Filing a claim does not guarantee you will be compensated. Unfortunately, an insurance company is likely to commit time and resources to contest your claim. Or, the business could offer a lowball settlement. Thankfully, your attorney knows the tactics that insurance companies use to dispute claims. They work hard to obtain a settlement that matches your expectations.
Your attorney may advise you to submit a lawsuit if settlement negotiations go nowhere. The legal process may feel overwhelming, but your lawyer is on your side every step of the way. If your case goes in front of a judge or jury, your attorney can make it clear why you should receive fair compensation.
How Much a TBI Case Is Worth
A traumatic brain injury attorney in Mesquite wants you to achieve outstanding case results. They account for your economic and non–economic damages as they assess your losses. Reasons a judge or jury may award damages include:
- Medical expenses
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Loss of companionship
Your lawyer can calculate your personal injury settlement value. Their argument supports your damages request and highlights why your case is warranted. As your legal proceedings move forward, your attorney encourages you to care for your TBI and track the costs associated with your injury.
They can build a body of evidence that includes proof from a variety of sources.
Evidence to Use in a Traumatic Brain Injury Case
The proof your lawyer presents can make or break your TBI case. Your attorney will search extensively for evidence to strengthen their argument. Proof that plaintiffs commonly use in traumatic brain injury cases includes:
- Medical records
- Accident scene photos
- Witness statements
- Pay stubs
- Police reports
A liable party or their insurance company may have concerns about your evidence. In this instance, you could get a reasonable settlement offer. Of course, you maintain the right to take your case to trial. If you want to see your case through to trial, your lawyer supports your decision to do so.
How to Prove Someone Is Liable for a TBI
Your lawyer can discuss the elements of negligence in a personal injury case and how these affect plaintiffs in TBI lawsuits. In your traumatic brain injury case, your attorney wants to prove that these elements of negligence were present:
Duty of Care
This is a legal obligation to act safely around others. For example, motorists must follow the posted speed limit and other safe driving laws every time they get behind the wheel. They have a duty of care to follow these laws. Otherwise, they can cause accidents that result in traumatic brain injuries and other harm.
Breach of Duty of Care
When someone has a legal obligation but chooses not to comply with it, they violate their duty of care. For instance, a driver looks down at their cell phone. They are distracted and cause an accident in which you suffer a TBI. Speak with a Mesquite car accident lawyer after this incident. This attorney may help you get compensation from the distracted motorist.
Causation
There must be a link between a breached duty of care and your traumatic brain injury for a judge or jury to rule in your favor. Your lawyer can show how a party’s decision to violate their duty of care led to your TBI.
Damages
In their argument, your attorney emphasizes the quantifiable and subjective losses that you have incurred because a party breached their duty of care. They describe why anyone who caused your TBI should have to compensate you for these losses.
Based on NRS 41.141, a judge or jury can award partial damages if you share responsibility for your TBI with someone else. If the court rules you are 1-50% liable, it can reduce your damages by your percentage of fault. In a situation where you are primarily to blame, you may not be able to recover damages.
Partner with a Lawyer Who Understands the Legal Challenges You Face
The team at H&P Law empathizes with those coping with traumatic brain injuries. If you are dealing with the ramifications of a TBI due to another party’s actions, you may have a case for compensation.
Schedule a free case consultation to learn more with our Mesquite traumatic brain injury lawyer team.
