Leverty & Associates is experience with brain injury cases and special needs trusts. A special needs trust could be set up, so the individual gets paid over time through an annuity where they get paid to take care of their living expenses.
If the individual can’t control their own money, then maybe an annuity would be the best way to make sure they are compensated and they don’t spend the money too quickly.
Q: What if a head injury victim dies from the injury during the lawsuit?
The victim’s family will be able to file a wrongful death lawsuit. The family can seek compensation for the damages such as funeral costs or loss of wages. Generally, it’s the same as any other wrongful death lawsuit. In addition to the damages for the brain injury while the person was alive, you’d have an additional cause of action for wrongful death.
Q: What if the head injury doesn’t immediately manifest and behavioral changes linked to the brain injury show up years later?
If the individual brings a lawsuit or has a claim against the person who caused the injury and at that time they don’t know about the traumatic brain injury, typically, there will be a settlement.
There is a statute of limitations depending on the scenario. For example, it’s a two-year statute of limitations in Nevada. Potentially they can argue that because the head injury wasn’t known and they didn’t know it was damaged, that the statute could be tolled for the period of time that they didn’t know.
Q: What if the head injury victim is a minor?
With any minor of any lawsuit, their statue is tolled basically until they reach the age of maturity at 18. If the injury happened when the individual was 12, and they didn’t sue, but then three years later they have the brain injury, they still have two years from the date they turn 18 to sue in an action.
Because of the risk of evidence disappearing, the parents should meet with us as soon as possible. Memories fade and evidence goes away. If the parents of a minor suspect there is a traumatic brain injury, they should consult an attorney as soon as possible. They shouldn’t wait until the age of maturity. A minor can bring a claim through their parents as representatives, or another guardian.