Brain Injuries

Nevada’s Traumatic Brain Injury Lawyers With years of experience and many cases behind us successfully handled, this medically complex and specialized area of personal injury law is at the heart of our practice at the Paternoster Law Group. If you or a loved one has suffered a Traumatic Brain Injury (TBI) in an accident, or you are unhappy with your current lawyer and need a second opinion, know that we have the power and skill to make sure TBI clients get fully compensated.

The human brain is arguably the most complex structure known to man in the entire universe.  Even with the enormous medical advances made in this field, we are just scratching the surface with our knowledge as to how the brain operates and the long-term effects of brain injuries.  This complexity is frequently used by the insurance industry and their lawyers against TBI victims to prevent them from receiving fair compensation because the injury is “invisible.” The insurance industry knows this, preying on victims, hoping victims will not find a serious lawyer savvy in this area of law. Common defenses by insurance lawyers include claims of pre-existing conditions, brain MRI’s demonstrating unidentified bright objects and anatomical variants not TBI, psychological problems, mental illness, malingering (calling the client a liar), and secondary-gain (claiming the client wants attention from others, pain medication, or is in it for the money).  We have seen all these defenses and more and are experienced in dealing with each one of them.

In one case, a client hired our law firm after firing another firm inexperienced in this area that tried to force him into a$50,000 settlement, arguing to the client that he only incurred $35,000 in past medical bills and he could not remember how the collision occurred. In that law firm’s view, how much could the case be worth given these facts? After Paternoster Law Group took the case over, our team immediately recognized the TBI oversights of the prior firm, hired all the experts necessary to treat the client and prove the case. Months before trial, the insurance company agreed to pay our client $1.2 million to avoid facing a jury. This is proof that the law firm you choose to represent you makes an incredible difference, especially when a person has suffered even a minor concussion or other TBI.

Even with the increased media exposure to the public regarding TBI’s suffered by athletes such as football players, wrestlers, and soccer players, statistics prove that TBI is far more prevalent than most people realize. An estimated 1.7 million people sustain TBI annually. Of them: 52,000 die, 275,000 are hospitalized, and 1.365 million, nearly 80%, are treated and released from an emergency department. TBI is a contributing factor to a third (30.5%) of all injury-related deaths in the United States. About 75% of TBIs that occur each year are concussions or other forms of mild traumatic brain injury (MTBI) Direct medical costs and indirect costs of TBI, such as lost productivity, totaled an estimated $60 billion in the United States in 2000.

According to the Center for Disease Control, children aged 0 to 4 years, older adolescents aged 15 to 19 years, and adults aged 65 years and older are most likely to sustain a TBI. Almost half a million (473,947) emergency department visits for TBI are made annually by children aged 0 to 14 years. Adults aged 75 years and older have the highest rates of TBI-related hospitalization and death. In every age group, TBI rates are higher for males than for females. Males aged 0 to 4 years have the highest rates of TBI-related emergency department visits, hospitalizations, and deaths combined. Falls are the leading cause of TBI. Rates are highest for children aged 0 to 4 years and for adults aged 75 years and older. Falls result in the greatest number of TBI-related emergency department visits (523,043) and hospitalizations (62,334). Motor vehicle–traffic injury is the leading cause of TBI-related death. Rates are highest for adults aged 20 to 24 years.

Once a TBI diagnosis is suspected, our legal team can make sure you receive the right medical treatment and best expert witnesses available. Getting medical treatment as soon as possible will maximize your chances for a good recovery.

As TBI lawyers exclusively representing injured victims, we know what’s required to win and prove these complex injuries in a courtroom and handle the “invisible injury” and other arguments made by insurance companies.  We have represented many survivors with severe to minor TBI’s.  Some of our clients were completely unaware they had suffered a TBI after choosing us to represent them for totally different injuries.  Because of our years of experience, we were able to identify the possibility of an accident related TBI, get them diagnosed and treated. Of course, the diagnosis dramatically increased the value of each of these cases. To prove a TBI case in a courtroom, we often use a combination of expert witnesses and supporting lay witnesses. We also create demonstrative medical illustrations and animations to help a jury understand the injury that cannot be easily seen. Experts we hire in these cases may include neurologists, neurosurgeons, neuroradiologists, neuropsychologists, and neuropsychiatrists. Other types of experts are also retained by our firm relating to future medical care, living needs, and financial losses. Sometimes TBI’s are more obvious, requiring immediate surgical intervention such as a penetrating injury or skull fracture. Other times, a neurosurgeon may perform a craniotomy to relieve pressure and swelling on the brain.  However, typically no surgery is required, and the injury is referred to as a “closed head injury” and documented as a“concussion” in the medical records, or sometimes not documented at all.  Closed head TBI’s do not mean that the injury is not serious. In fact, these injuries can be some of the most severe TBI ’s. The brain is soft with a gelatinous feel and can be severely injured by rattling back and forth over sharp structures inside the skull because it is not firmly attached but remains free-floating in a water-like substance. Hiring a law firm that understands these issues is the only way for a TBI victim to get justice.

A TBI can cause all types of issues. Some symptoms include but are not limited to cognitive symptoms such as thinking, concentration, memory, speech, reading, conversation, confusion, and judgment.  Emotional symptoms can include anxiety, apathy, anger, violence, stress, uncontrollable laughing and crying, depression, impatience, aggravation, fatigue, mood swings, hyperactivity, sleep pattern changes, changes to libido, seclusion, and even suicidal thoughts.

You need a firm trained to identify TBI and get you properly treated, a firm capable and ready to prove your case to a jury if the insurance company does not make a serious settlement offer. You only have one case, and without a firm like ours willing to fight, you will undoubtedly get re-victimized by the insurance industry and their lawyers or settle your case for far less than fair value and increase your chances to lose a jury trial. The attorneys at Paternoster Law Group are sensitive to the needs of brain injury victims, have extensive experience interacting with them, and handle all aspects of their cases.

Falls are the number one cause of TBI’s and account for about 35% percent of all TBI’s. However, the causes of brain and injuries are almost limitless. The following are just a few possible causes of TBI which may provide you compensation:

  • Motorcycle accidents
  • Car accidents
  • Aircraft accidents
  • Pedestrian accidents
  • Trucking accidents
  • Bicycle accidents
  • Boating and watercraft accidents
  • Sports and exercise equipment accidents
  • Limousine accidents
  • Train and subway accidents
  • Tour bus accidents
  • Slip and fall or trip and fall accidents
  • Defective products
  • Negligent security, including excessive force at nightclubs
  • Dangerous property conditions including bad lighting, failed railings, or other negligent property maintenance

We understand that our clients need quick and ongoing treatment until their cases resolve. We get our clients treatment and full compensation for out-of-pocket costs, future medical care, lost income, pain and suffering, and even loss of spousal services (known as loss of consortium). For those clients without medical insurance or other means of paying upfront for treatment, the firm can arrange for all required medical treatment on a lien basis.

If your TBI was caused by the negligence of another, our legal team at Paternoster Law Group can ensure those parties responsible are forced to uphold their obligations to restore your financial circumstances, pay for your long-term health needs and make you whole as required by law.