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Las Vegas Brain Injury Lawyer

A traumatic brain injury is a life-altering event that can be more costly than one would realize. According to the Center of Disease Control (CDC), approximately 1.5 million Americans suffer from traumatic brain injuries on a yearly basis. As permanent brain injury can drastically alter a person’s life from losing essential motor functions to precious sentimental memories, any blow to the head can potentially alter your life with serious consequences.

Moreover, permanent brain injury victims struggle to find steady and stable jobs that are accommodating to their medical conditions. Not only that, the ongoing medical care they require to live a normal life is financially costly and emotionally draining.

If you or a loved one has ever suffered from a traumatic brain injury due to an accident then you may be entitled to financial compensation. At West Coast Trial Lawyers, we specialize in brain injury cases and our team of experienced brain injury attorneys have a proven track record of delivering satisfying results for our deserving clients.

Here at West Coast Trial Lawyers, we have a dedicated team of brain injury attorneys available 24/7 to assist you throughout the legal process. We’ve recovered over $1.6 billion in financial compensation to our deserving clients. With years of experience handling catastrophic and traumatic brain injuries, we are confident that we will get you the compensation that you deserve for your losses.

We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE case consultation, you can get in touch with us by calling us at (702) 800-2934 or by filling out our quick online contact form.

What Is a Traumatic Brain Injury?

A doctor wrapping gauze around a woman's head.

According to the National Institute of Neurological Disorders and Stroke (NINDS), a traumatic brain injury (TBI) is a brain dysfunction caused by a forceful bump, blow, or jolt to the head.

As the range of brain injuries will vary from case to case, there are several different classifications of traumatic brain injuries used to determine the severity of the injury. As a result, a traumatic brain injury is classified in either one of two different categories: Penetrating and Non-penetrating.

Penetrating Head Injury

A penetrating head injury (sometimes referred to as an open TBI) is when an object pierces the skull and enters into the brain tissue causing damage to certain parts of the brain. An open TBI is typically from the result of gunshot wounds, blunt force trauma, shrapnel explosions, and some in cases, skull fractures.

Penetrating head injuries are always classified as serious injuries that are fatal and require immediate medical attention. Should the victim survive a serious injury such as an open TBI, the road to recovery is often long and costly. According to a CDC infographic, roughly 50% of people who have survived a TBI will experience further decline in their daily lives either in the form of physical or cognitive abilities and about half of that percentage will die within 5 years of their injury.

Non-Penetrating Head Injury

A non-penetrating head injury (sometimes referred to as closed head injuries or a blunt TBI) is when an external force/blow has been applied to the head and it moves the brain within the skull causing the bruising and tearing of brain tissues and blood vessels.

A closed TBI is typically seen from the result of car accidents, significant falls, sports injuries, and blunt force trauma to the head. Considering the nature of closed head injuries, the range of a blunt TBI will vary from mild to severe levels depending on which part of the brain is damaged. While these types of brain injuries are considered to be less fatal, the recovery time will vary on the severity of the inflicted injury and can sometimes take hours, days, or weeks to heal.

What Are the Symptoms of a Traumatic Brain Injury?

Traumatic brain injuries can extend to a wide variety of symptoms that affect us physically, cognitively, and even sensationally. That is why it is essential for those who have been in an accident and experienced a brain injury to seek immediate medical attention if you have experienced any of the following symptoms.

Physical

  • Headaches
  • Convulsions or seizures
  • Blurred or double vision
  • Unequal eye pupil size or dilation
  • Clear fluids draining from the nose or ears
  • Nausea and vomiting
  • New neurologic deficits, such as slurred speech; weakness of arms, legs, or face; loss of balance

Cognitive/Behavioral

  • Loss of or change in consciousness anywhere from a few seconds to a few hours
  • Mild to profound confusion or disorientation
  • Problems remembering, concentrating, or making decisions
  • Drastic changes in sleep patterns

Perception/Sensation

  • Light-headedness, dizziness, or vertigo
  • Hearing problems, such as ringing in the ears
  • Sensitivity to light or sound
  • Frequent and unusual mood swings
  • Sudden feelings of anxiousness or depression
  • Sudden lack of energy/motivation
  • Sudden periods of fatigue or drowsiness

What Accident Can Cause a Traumatic Brain Injury?

A woman getting out a car accident while holding her head.

There are any number of accidents that can cause a serious brain injury, but from what is typically seen in Las Vegas, accidents such as falls, motor vehicle crashes, workplace accidents, and assaults are some of the most common. While you can file a general personal injury claim to recover damages, it is important to understand the main differences between them in order to file the correct personal injury claim to get the maximum compensation.

Falls

While most people don’t believe falls don’t cause serious injuries, they are actually one of the leading causes of a traumatic brain injury. According to the CDC’s TBI fact report, nearly half of TBI hospitalizations are caused by accidental falls. 

In an adjacent CDC infographic report that was conducted in 2020, reveals that nearly 29% of accidental falls in Nevada were from those who were 65 or older, and within that 29% roughly 61% have died from that fall. If you are 65 or older, the chances of you falling and sustaining a traumatic brain injury is significantly high and depending on the location of the accident, you may be able to sue for negligence. 

Car Accidents

Car accidents are one of the leading causes of traumatic brain injuries due to the amount of force that occurs in automobile crashes. Due to the sudden acceleration and impact in a car accident, a person’s brain can suffer multiple contusions as it rattles inside the skull and brain tissue can become torn and cause neurological damage as a result.

The Las Vegas Metropolitan Police Department (LVMPD) have reported that there were about 19,000 traffic collisions in 2023, which is approximately 52 car accidents a day.

Whether it is a penetrating or non-penetrating TBI, blunt force trauma can cause a significant range of brain injuries because anything can happen in a car accident.

Workplace Accidents

Typically seen in blue-collar workplaces such as construction sites, mines, general and specialized trucking facilities, warehouses, and public law enforcement sites, a brain injury can occur in the workplace due the dangerous nature and requirements of the job. While most of these injuries can be prevented if proper safety procedures are followed through, unexpected accidents can happen anytime without notice.

Pedestrian Accidents

Much like automobile accidents, those who have been involved in a pedestrian accident will  have a high likelihood of experiencing a traumatic brain injury due to blunt force trauma. However, unlike car accidents, pedestrian accidents are far more likely to experience a TBI due to the fact that there is nothing protecting them from a moving vehicle.

The National Highway Traffic Safety Administration’s (NHTSA) conducted a nationwide ranking of pedestrian fatality rates and Nevada is ranked in the top 15 of having the most fatal pedestrian accidents throughout the United States.

Considering how dense traffic can be throughout Las Vegas, the chances of getting into a pedestrian accident and suffering a traumatic brain injury is very likely.     

Assaults 

Violent assaults are one of the leading causes of brain injuries as injuries such as blunt force trauma and gunshot wounds are most commonly seen in physical altercations. According to the National Library of Medicine, traumatic brain injuries derived from assaults can leave long-term physical, cognitive, and emotional conditions and even may require additional rehabilitative services such as physical and behavioral therapy. 

While the causes of assaults can range from a multitude of reasons so can the types of TBIs, the Las Vegas Metro Police Department have reported that in 2023, 78% of all aggravated assault cases involved some type of weapon such as firearms, knives, and other dangerous objects. Taking into account the range of TBIs that are caused by firearms and blunt objects, almost any type of TBI can be inflicted upon in a physical altercation.

What Is the Statute of Limitation for in Nevada?

A statue of lady justice in front of a stack of books.

If you have suffered brain trauma due to someone’s negligence, recklessness, or ill intention, it is vital that you take immediate legal action to ensure that your serious brain injury claims do not fall outside the statute of limitation.

According to Nevada law, specifically NRS Section 171.090, all gross misdemeanors have a statute of limitation within two years. If you do not file a claim within that time period, you will lose your case and your claim, making it extremely difficult and nearly impossible to recover any damages.

Therefore, if you have been in an accident or involved in an incident that has left you with a brain injury, it is vital that you file a personal injury claim with an experienced brain injury attorney to ensure that you don’t get stuck with the costly medical bills and be on a stable road to recovery.

What Are the Different Types of Traumatic Brain Injuries?

A doctor looking at a brain x-ray.

Concussions, intracranial hematomas, and diffuse axonal injuries (DAI) are some of the most common types of brain injuries to occur. While the lethality of these brain injuries will vary, it is important to understand the differences between one another to better understand what kind of personal injury claim to file.

Concussions

Concussions are considered to be a temporary, but very common brain injury and are typically caused by sudden blows to the head. This type of brain injury is often classified as mild brain trauma and potential side effects associated with concussions include headaches and trouble with concentration, memory, balance, mood, and sleep.

While this type of brain injury is one of the most common and arguably one of the fastest injuries to recover from (ranging from minutes to several months), concussions should still be treated with the utmost care as untreated concussions can result in permanent symptoms that will negatively impact your life.

If you do not treat a concussion, you will be at a greater risk to experience concussions repeatedly. With every repeated diagnosis for an untreated concussion, the duration and intensity of the symptoms will only increase and can lead to serious injury and eventually to death

Intracranial Hematoma

The National Cancer Institute defines an intracranial hematoma as a collection of blood within the skull and it is typically caused by ruptured blood vessels. These types of brain injuries are typically seen in car accidents and falls and due to the nature of an intracranial hematoma, it can be potentially life-threatening and requires immediate treatment.

Depending on the severity of the brain injury, an intracranial hematoma can potentially become an intracranial hemorrhage (ongoing internal bleeding) which is more fatal due to the ongoing flow of blood in the skull. Should anyone be afflicted with this type of brain injury, it is vital that they seek medical attention immediately as the fatality rate is typically around 50%.

Diffuse Axonal Injury (DAI)

A diffuse axonal injury (DAI) is the tearing of the brain’s connecting nerve fibers (which are called axons). Due to the tearing of the connecting nerve fiber, the most damaging aspect of DAI often occurs when the brain begins shifting and rotating inside the skull and the severity of this brain injury ranges from a mild concussion to a severe injury that results in a coma or even death.

A DAI is typically caused by high-speed collisions where the overwhelming force is powerful enough to tear these nerve fibers apart from one another. The National Library of Medicine has recorded multiple DAI incidents and calculated the average fatality rate of these brain injuries was around 25%-30% covering both mild and severe cases.

Can I Sue for a Brain Injury?

A lawyer presenting a client with a contract to sign.

Brain injuries are considered to be some of the most catastrophic injuries a person could ever be inflicted upon. The extremely high medical expenses paired with the possible lifelong consequences of living with permanent brain damage is terrifying, so if you can prove that your brain injury case was caused by another party then you can recover compensation for the following damages:

  • Medical bills
  • Past or future lost wages
  • Loss of consortium
  • Long-term disability or disfigurement
  • Pain and suffering
  • Medical therapy or surgery expenses
  • Emotional distress

However, before you start to file your brain injury claim and hire a team of personal injury attorneys, it is important to present written proof in the form of a CT scan, MRI, or even pictures of the incident. Once you have gathered the necessary amount of proof to leverage your damages to a responsible party, then your claim becomes a valid brain injury case.

How Much is a Brain Injury Case Worth? 

While a brain injury claim will vary on a case-by-case basis depending on the severity of the TBI, the estimated average of a brain injury case can range anywhere within the six figure range

However, in some of the most severe cases where the victim has permanently become disabled, lost a significant amount of wages, and paid an exorbitant sum in medical and rehabilitative therapy can be entitled to a seven figure compensation for all sustained damages.   

Whether you have suffered economical, non-economical, or punitive damages, an experienced brain injury lawyer will be able to resolve a case for millions of dollars, ensuring that the victims are properly compensated for lifelong damages.

Our Traumatic Brain Injury Lawyers Are Here To Help

West Coast Trial Lawyers attorneys gathered at their headquarters in Los Angeles.

If you or a loved one has received a brain injury due to an accident or a physical altercation, you may sue to recover damages in the Nevada court system. As brain injuries require ongoing medical care, it is important to know all possible legal options to ensure you receive fair compensation.

Should you choose to pursue legal action, our trusted and experienced Las Vegas brain injury attorneys at West Coast Trial Lawyers are readily available to help with your personal injury claim. We have recovered over $1.6 billion in financial compensation for our deserving clients and we will continue to fight for their rights.

Our team of brain injury attorneys specialize in personal injury law and handle each case with integrity to ensure our clients get the best possible compensation. To schedule a FREE case consultation, we welcome you to reach out to our 24/7 legal team by calling us at (702) 800-2934 or completing our easy online contact form.

Most Frequently Asked Questions About Traumatic Brain Injuries in Las Vegas

What Should I Do if I Have Suffered a Traumatic Brain Injury?

If you have suffered a traumatic brain injury it is important to seek immediate medical attention and follow all recovery procedures to ensure your condition does not get worse. If you choose to seek legal action for your brain injury, it is recommended to gather as much information as possible regarding the incident. 

CT scans, MRIs, police reports, and even pictures of the incident are all acceptable forms of proof that can be used in a brain injury lawsuit. Once you have gathered the necessary amount of proof to leverage your TBI to a responsible party, then your claim becomes a valid brain injury case to a personal injury attorney.

How Long Do I Have to File a Lawsuit for a Traumatic Brain Injury?

According to the Nevada Revised Statutes, Section 171.090 states that all gross misdemeanors have a statute of limitation within two years and in Section 171.085 state that all felonies have a  statute of limitation of four years

If you have been involved in an accident or altercation that has left you with a traumatic brain injury, you must make a claim within that time period or else you risk losing the right to make your claim to those responsible and recover any damages. 

What Are the Risks of Not Hiring a Lawyer for a Traumatic Brain Injury Accident?

If you do not hire a lawyer for your traumatic brain injury case then you lose the possibility of recovering all financial compensation from the incident and you are forced to tackle all of the medical and rehabilitation bills at your expense. Without proper compensation, your road to recovery will certainly take longer than most victims and it will add an exorbitant amount of stress on top of everything. 

How Long Does a Brain Injury Lawsuit Take?

On average, a brain injury claim can take about 18 months to two years depending on the severity of the injury and how the case develops over time. While the entire process may seem time consuming, it is important that your claim is properly examined in order to ensure your claim receives the maximum amount of compensation. 

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