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Las Vegas Brain Injury Attorney

Every year, traumatic brain injury causes death or disability for thousands of people in the U.S. If you have suffered a brain injury as a result of another party’s act of negligence, contact The Janda Law Firm today. Our founding Vegas brain injury lawyer is the first and only neurologist-attorney in the state of Nevada.

Why Choose Our Las Vegas Injury Attorney?

  • Dr. Paul Janda is also a board-certified neurologist, with a deep understanding of complex medical evidence and how trauma affects the brain and spinal cord, and the many symptoms and difficulties that impact a person with neurological damage.
  • Given our medical background, we can research cases quickly, saving time, and determine the full scope of the costs associated with your injuries, for a full assessment of your losses, so you can pursue the compensation you deserve.
  • We understand the tactics defense experts employ, and how to counter these arguments professionally when engaged in settlement negotiations or in court.

What Is Traumatic Brain Injury?

Traumatic brain injury (TBI) is an injury that disrupts the normal function of the brain caused by trauma, such as a bump, blow, or jolt to the head. The severity of TBI can range from mild, causing a brief change in consciousness or mental status, to severe, which may involve extended periods of unconsciousness or memory loss.

Brain Injury Statistics

The Centers for Disease Control and Prevention (CDC) reports that:

  • Approximately 2.87 million emergency room visits, hospitalizations, and deaths related to traumatic brain injury occurred in the U.S. in a recent year.
  • More than 837,000 of these incidents occurred among children.
  • TBI contributed to the deaths of 56,800 people, including 2,529 children.
  • Approximately 288,000 hospitalizations, including more than 23,000 among children, involved a diagnosis of TBI.
  • An estimated 812,000 children ages 17 and younger were treated in emergency rooms for a concussion or traumatic brain injury.

Leading Causes of Traumatic Brain Injury

Many different types of accidents can cause traumatic brain injury. As reported by the Mayo Clinic, the leading causes of TBI include:

  • Falls: This is the number one cause of TBI overall. Falls are responsible for almost half of cases of traumatic brain injury among children and 81% among adults age 65 and older.
  • Motor vehicle crashes: Collisions involving cars, motorcycles, bicycles, and pedestrians are a leading cause of traumatic brain injury.
  • Violence: Domestic violence, gunshot wounds, and assault are common causes of TBI.
  • Sports injuries: High-impact and extreme sports, such as football, soccer, boxing, baseball, lacrosse, hockey, and skateboarding have a high incidence of traumatic brain injury, particularly among youth.
  • Explosive blasts and combat injuries: Active-duty military personnel may suffer TBI caused by explosive blasts, penetrating wounds, severe blows to the head with shrapnel or debris, falls, or collisions with objects following a blast.

How to Prove a Brain Injury Lawsuit in Nevada

To secure compensation in a brain injury lawsuit, you will need to show that the at-fault party’s actions caused your accident and resulting damage. You and your Nevada traumatic brain injury lawyer will need to gather sufficient evidence that proves each of the following four facts.

  • Duty: The at-fault party owed you a duty of care at the time of the accident. This duty will depend on the cause of your brain injury. For example, drivers have a duty to drive safely and follow traffic laws. Medical professionals have a duty to act with a reasonable degree of skill and care while treating patients.
  • Breach of Duty: The at-fault party breached his or her duty of care through a negligent act or failure to act. A driver who runs a red light or falls asleep at the wheel breaches his or her duty. A surgeon who uses tools that are dirty or defective during a major surgery also breaches the medical standard of care. 
  • Causation: The at-fault party’s breach of duty caused your injuries. For example, if you are injured in a car accident caused by a driver who ran a red light, you can prove that your injury would not have occurred if the driver followed Nevada traffic laws
  • Damages: You sustained economic and non-economic damages that you can collect in your lawsuit. These damages may include medical expenses, lost wages, property damage, and pain and suffering. 

You can use multiple pieces of evidence to establish the at-fault party’s negligence and provide your right to compensation. For example, police reports, medical records, and witness testimony can help corroborate your version of events as well as the nature and extent of your injuries.

What Are Traumatic Brain Injury Damages in Las Vegas, Nevada

TBI can have unpredictable, devastating, life-altering consequences for the victim. Compensatory damages associated with such an injury may include:

  • Medical expenses, past, and future
  • Physical or occupational therapy
  • Short or long-term care
  • Lost wages or earnings
  • Loss of earning capacity
  • Loss of function
  • Pain and suffering

In some cases, you may be entitled to recover punitive damages in addition to compensatory damages for a TBI. Punitive damages are designed to punish the at-fault party for wrongdoing and to deter similar actions in the future.

How Long Do You Have to File a Brain Injury Claim In Nevada?

Nevada imposes rules known as statutes of limitations on certain types of lawsuits. These laws essentially set filing deadlines for claims. If you fail to file within the specified time frame, the court will likely dismiss your case and prevent you from recovering the compensation that you deserve.

For brain injury lawsuits, you must file your lawsuit within two years from the date of the injury. If your case involves medical malpractice, you must file your lawsuit within three years of the negligent act or one year from the date that you discovered or should have discovered the injury.

While there are exceptions to the statute of limitations, they are not always common. In these situations, it is important to consult with a Las Vegas brain injury attorney to identify your appropriate filing deadline and take the first steps toward initiating your claim.

Why You Need a Las Vegas Brain Injury Lawyer

Brain injury claims can be highly complex and involve hundreds of thousands of dollars in damages. In these situations, you want to recover the compensation that you need to treat this damage and avoid hardships later on in life. By hiring a Las Vegas brain injury lawyer to represent your case, you will receive an advocate who can fight for your right to compensation.

A brain injury lawyer from The Janda Law Firm can provide several key benefits to your case, such as the following.

  • Calculating damages and gathering evidence to prove your right to compensation
  • Negotiating with insurance companies and defense attorneys
  • Enlisting the support of medical experts who can testify on your behalf
  • Leveraging resources and case strategies to craft a compelling claim in your favor

At The Janda Law Firm in Las Vegas, our Las Vegas injury attorneys have an in-depth understanding of complex medical and legal issues involved in brain injury cases. Call us as soon as possible at (702) 758-8888 or contact us online to schedule a consultation if you have become a brain injury victim through the negligence acts of another party.