The human brain is an incomprehensibly complex organ, not just for the average person, but even for leading-edge medical professionals who dedicate their careers to studying how the brain functions. Unfortunately, this means that when accidents leave someone with a traumatic brain injury (TBI), there is not always much that healthcare providers can do to repair or lessen that injury’s debilitating and potentially life-threatening consequences.
As a result, seeking civil recovery for the effects of a TBI caused by another person’s negligence is often more a matter of minimizing the losses you will experience from the injury rather than restoring you to your pre-accident condition, as any experienced catastrophic injury attorney knows. If you want a fair shot at getting comprehensive compensation after sustaining this type of injury, you should make speaking with a Reno traumatic brain injury lawyer at Shook & Stone one of your top priorities.
What Makes Brain Injuries So Dangerous?
A big part of what makes traumatic brain injuries especially dangerous compared to many other types of injuries is the variable symptoms that TBIs can produce in people who suffer them. Even moderate to severe brain trauma may not have many—or any—obvious symptoms in the hours and days after it occurs. Sadly, by the time those symptoms do manifest, it may be too late to avoid catastrophic harm.
Therefore, it is essential for anyone who sustains a blow to the head, neck, or face in an accident to seek medical attention as soon as possible, even if they feel fine at first. Likewise, anyone who experiences any of the following symptoms potentially indicating severe TBI should seek immediate emergency care:
- Loss of coordination
- Prolonged loss of consciousness
- Uneven dilation of pupils in the eyes
- Sudden changes in personality or mood
- Clear fluid seeping out of the ears or nose
- Loss of feeling or strength in fingers or toes
- Persistent or worsening headaches, nausea, or vomiting
- Significant difficulty speaking, concentrating, or waking up from sleep
A seasoned Reno TBI attorney could help factor all costs for injury-related medical care into an ensuing civil claim, as well as other damages like lost work income, physical pain, and psychological suffering.
Taking Effective Legal Action Over a TBI
Like any other injury, building a strong civil claim around a TBI usually means proving that someone else directly caused the injury through their own “negligence.” In other words, by recklessly or carelessly acting in a way that went against a “duty” they owed the injured person to act responsibly under specific circumstances. For example, every motor vehicle driver has a roughly identical duty to follow traffic laws and pay attention to their surroundings while driving. Similarly, property owners are responsible for keeping their land in a reasonably safe condition for lawful visitors.
Proactively preparing to contest accusations of “comparative fault”—claims that a TBI victim played a role in causing their own injury because they too were negligent in some way—can also be key to achieving a positive case result. As a knowledgeable traumatic brain injury lawyer in Reno can further explain, Nevada Revised Statutes § 41.141 allows courts to reduce the total compensation available to an injured person in proportion to their share of total fault for their own injuries. Furthermore, it bars anyone found to hold a majority of the blame for an accident from recovering any compensation for a related injury.
Talk to a Reno Traumatic Brain Injury Attorney About Your Legal Options
Achieving a favorable outcome from a civil case built around a traumatic brain injury can be challenging for numerous reasons, not the least of which is the opposition you will likely face from the person responsible for injuring you.
Fortunately, you have a team of dedicated legal professionals in your corner who know how to fight and win on behalf of people like you.
A Reno traumatic brain injury lawyer’s guidance could make a huge difference in whether your claim ultimately has a favorable resolution. Learn more by calling Shook & Stone today.