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How to Determine Fault in Brain Injury Claim?

Traumatic brain injury (TBI), according to information provided by the US CDC, is a significant cause of mortality and disability in people of all ages. The fact that there are more TBI victims than ever is even more alarming. According to statistics, TBI-related hospitalizations, mortalities, and ER visits rose by 53% between 2006 and 2014.

Long- and short-term problems affect survivors in a broad spectrum. The consequences can have a terrible effect on the victim and entire families. Thankfully, Nevada law gives you rights if a brain injury, such as TBI, occurred if it wasn’t your fault and you or a loved one suffered from it.

But how do you determine fault in a brain injury claim in Nevada? In this article, we look to establish that understanding by going over all there is to know about brain injury claims in Nevada.

What Are the Different Types of Brain Injuries You Can File a Claim For In Nevada?

Claims involving brain injuries consider the long-term effects of the injury on the victim’s condition after that. There is a specific window of time following the personal injury during which legal action may be taken. Brain injuries can be categorized into the following two main types:

Acquired Brain Injury: It’s vital to emphasize that acquired brain damage (ABI) is damage that typically happens after birth and is not brought on by birth trauma. It is also unrelated to an illness or hereditary traits. A hit to the skull or body or another traumatic event causes it to happen. Such injuries can be brought on by brutal force, head trauma, car accidents, slips and falls, and in some circumstances, abuse.

Traumatic Brain Injury: An external force, such as a physical attack, a car accident, or violently smacking one’s skull after falling, can result in a traumatic brain injury. The following categories can be used to describe TBIs: Severe, Moderate, and Mild.

What Are the Common Causes of Brain Injuries in Nevada?

Numerous accidents or injuries can lead to brain damage. Among the frequent reasons for brain injury are the following:

  • Car accidents
  • Slips and falls
  • Motorcycle accidents
  • Bicycle accidents
  • Physical assault
  • Truck accidents
  • Pedestrian accidents

Numerous TBI cases are brought on by negligence. A lawyer in Nevada can assess whether negligence contributed to your harm. For instance, you may hold a drunk driver accountable if you were hurt in Las Vegas. And by using adequate warning or making repairs, slip and fall incidents resulting from traumatic brain injury would have been avoided. Anyone failing to do this can be held accountable or at fault for a brain injury suffered by you.

How to Establish the Guilty Party’s Fault in Your Brain Injury Claim?

Although the precise reasons may differ, carelessness or recklessness on the part of another person is a common cause of brain injuries. These cases are founded on the legal doctrine of negligence in law. If you can demonstrate the following, you may be eligible for compensation:

  • The liable party was required to take reasonable precautions;
  • That individual or organization violated this obligation;
  • The violation was the direct cause of the incident that resulted in your TBI, and,
  • You experienced losses as a result of your injuries.

You can often obtain financial compensation by submitting an injury claim to the at-fault party’s insurance provider. Although the claims procedure may appear simple, you may need help to obtain compensation. A claims adjuster can attempt to place the blame for the incident on you or contest the extent of your injuries.

These accusations could be used as justification to reject your claim or compensate you with less than the total value of your losses. When working with an insurer, a brain injury lawyer is a significant asset since they know pertinent legislation and can make persuasive arguments to counteract a claim adjuster’s tactics.

If you had a TBI in Nevada, you should devote your time and efforts to your physical and psychological recovery. Allow a skilled Nevada brain injury attorney from Bourassa Law Group to pursue justice and recompense on your behalf. Call us at (800)870-8910 for a free consultation!

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