The brain is the most complex organ in the body. It consists of sections—known as lobes—with each section controlling specific body functions. However, as important as the brain is to everything from the ability to walk or talk, to the ability to control your emotions, or even to breathe, it has a very limited ability to heal itself when one of its lobes becomes damaged.
This means that the damage to whatever functions that part of the brain controls may be permanently lost or impaired. If you have been injured in an accident, we don’t need to tell you that the injury is very serious. We probably don’t even need to tell you that, if your injury occurred due to an accident that was caused by the reckless or careless actions of someone else, you can pursue compensation for your injuries through a personal injury lawsuit.
However, what we need to tell you is this: Having the guidance and representation of a lawyer with specific experience in brain injury cases is extremely important to your ability to recover the amount of compensation your case is worth. Here are some of the reasons why.
A Properly Valued Case
A person can collect damages through a brain injury lawsuit. These damages include your economic costs, which are items you are billed for or expected to pay out of pocket. Some of those costs include medical expenses you have already incurred as well as estimated costs of injury-related medical expenses you will likely incur in the future, lost wages, and loss of future earning capacity.
The categories of damages you are allowed to collect also include non-economic damages such as pain and suffering, emotional distress, permanent disability, and loss of the enjoyment of life.
An attorney who is experienced in brain injury cases understands the complexity of this type of injury and how that impacts the way your case is valued. Some of the following damages may be incurred with this specific type of injury:
- Estimated future medical expenses: Because of the tendency for brain injuries to result in complications that can cause significant expenses in the future, arriving at a proper value for your case requires an understanding of the complications you face, how those complications are treated, and how much the treatment costs. Brain injury lawyers often have a network of experts they can turn to for guidance and testimony, such as medical professionals who know what you’re going through.
- The impacts that your injury will have on your life: The lifetime costs of medically treating a brain injury range between $85,000 and $3 million. However, beyond the medical treatments of the injury itself and its complications, a brain injury victim can suffer impacts on every single part of his or her life, including work, home, school, and social life. The statistics regarding the lifestyle impacts of brain injuries are startling: Only 60 percent of adults suffering a brain injury are employed two years after the injury is incurred. More than half of the homeless population in the U.S. is living with a brain injury. An attorney with experience in brain injury cases will know that these impacts demand a higher value to the case.
Establishing the value of a case begins by adding up the economic damages sustained. Your lawyer will then estimate your non-economic damages.
The worse your injuries, the higher the value of the case. Because of the serious impacts that brain-injured people face—such as the inability to work again, physical pain and suffering caused by the loss of function, emotional distress placed on the injured person who must now rely on help from family and even high caretakers, and the loss of consortium suffered by a spouse who can no longer provide physical intimacy and companionship—they may recover more compensation than other types of accident victims.
Knowledge of the Laws that Protect Brain-Injured Individuals
Statutes of limitations, by which you must file a personal injury claim, vary by state. Failing to file within your state’s statute of limitations likely means that the court will not hear your claim and you will lose the right to recover damages.
However, some states make exceptions to this rule. Nevada’s two-year statute of limitations, for example, allows accident victims extra time if they are younger than 18, or extended time for parents of a very young brain injured child who may not know the full extent of the injury for more than two years, as the child continues to grow and develop.
This is just one example of laws that affect the right of brain-individuals to pursue compensation. A lawyer who has experience in this type of case will be well aware of the exceptions and allowances built into the law that can affect not only how much time you have to file your claim, but also additional sources of liability and insurance resources that can be accessed to obtain the maximum amount of compensation that is available based on the facts of your case.
Putting Experience to Work for You
Lawyers spend many years obtaining the education and experience they need to provide the best service available to their clients. Personal injury is a broad topic that covers many different types of accidents and many different types of injury.
While a personal injury lawyer may have specific areas of the law that he or she is extremely experienced in, it doesn’t necessarily mean he or she has experience in the issues that specifically affect brain injured clients. For that, you need a dedicated brain injury lawyer.
An experienced brain injury lawyer can help you understand the process of pursuing the compensation you need, and place you in the best position possible for a successful recovery. Unlike many jack-of-all trade attorneys that practice multiple areas of law, the attorneys at Benson & Bingham Accident Injury Lawyers, LLC solely practice injury and accident law, and have handled many cases for brain injured victims during their two decades in practice. Contact us today for a free consultation.
Benson & Bingham Accident Injury Lawyers, LLC
626 S 10th St
Las Vegas, NV 89101