Nevada Brain Injury Lawyer

Suffering a brain injury is a traumatic event that involves many different physical, psychological, and emotional challenges for the victim throughout their recovery process. However, depending on the scale and severity of the brain injury, the victim may be forced to live with a permanent physical or cognitive disability that could largely affect their working ability or maintaining a healthy lifestyle.

According to the Brain Trauma Foundation (BTF) about 2.5 million people sustain a traumatic brain injury each year and currently serves as the leading cause of death and disability in children and adults ages 1 to 44. As such, the costs of living with a traumatic brain injury includes a variety of medical costs and daily expenses that are required to improve the victim’s quality of life. In order for that to happen, accident compensation is needed to overcome these traumatic physical experiences.

If you or a loved one has ever suffered from a traumatic brain injury due to an unfortunate accident then you may be entitled to fair compensation for the sustained damages. At West Coast Trial Lawyers, we handle brain injury cases with the utmost care and integrity. As a result, our dedicated team of brain injury lawyers have developed a proven track record of delivering satisfying results for our clients.

We have recovered over $1.6 billion in financial compensation to our deserving clients and we will continue to do our duty to guide you throughout the legal process. 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 initial consultation, you can get in touch with us by calling us at (213) 927-3700 or by filling out our quick online contact form.

What Is a Traumatic Brain Injury?

The National Institute of Neurological Disorders and Stroke (NINDS) defines a traumatic brain injury (TBI) as a brain dysfunction caused by a forceful bump, blow, or jolt to the head. As a result, there are many different types of head and brain injuries that will fit within this category. However, depending on the severity of the brain injury, they can be further classified into one of two categories: Penetrating and Non-Penetrating.

Penetrating Head Injury

A penetrating head injury (often referred to as an open TBI) is when an object pierces the skull and damages certain parts of the brain tissue. An open TBI is typically from the result of incidents involving blunt force trauma, skull fractures, shrapnel explosions, and gunshot wounds.

Penetrating head injuries are classified as a serious brain injury that requires immediate medical attention if it is not fatal. Should the victim survive an open TBI, the road to recovery is often long, costly, and not guaranteed. A CDC infographic has stated that about 50% of people who have survived an open TBI will possibly experience a decline in their physical or cognitive abilities.

Non-Penetrating Head Injury

A non-penetrating head injury (often referred to as a blunt TBI) is when the head experiences an external blow and the resulting force moves the brain inside the skull, causing it to bruise and tear. A blunt TBI is typically resulted from car accidents, falls, and blunt force trauma to the head. While blunt TBIs are not initially fatal, they can still take a significant amount of time to heal depending on the severity of the injury.

Common Causes of Traumatic Brain Injury

Trauma to the brain occurs through many accidents or unforeseen circumstances. However, from what is typically seen in Nevada and according to a fact sheet issued by the Center of Disease Control (CDC), falls, motor vehicle crashes, and assaults are the most common causes of traumatic brain injuries.

Whether you are enjoying your time at Las Vegas, Reno, or Henderson, traumatic brain injuries can be obtained anytime and anywhere. So it is important to understand the main differences of these causes so should an unfortunate accident happen to you or your loved one, you are prepared on what kind of brain injury claim you can file with a personal injury attorney.

Falls

According to a CDC fall fact sheet, falls are the most common cause of traumatic head injuries with approximately three million people being treated in emergency departments for fall injuries. It has been calculated that one out of five falls causes a serious injury such as a brain injury and the BTF has reported through a fact sheet that around 28% of all TBI’s have been due to falls.

In an adjacent 2020 CDC infographic report nearly 29% of accidental falls in Nevada were from those who were 65 or older. Within that 29%, about 61% have died from falls. As such, the chances of experiencing a severe or even a mild traumatic brain injury is more likely as you get older.

Motor Vehicle Accidents

Motor vehicle accidents are one of the most common causes of TBIs due to the amount of force and impact that can potentially occur in a car accident. The National Highway Transportation Safety Administration (NHTSA) has reported in a 2021 Motor Vehicle Traffic Crash report that there were an estimated 6,102,936 police-reported traffic crashes with about 42,939 people killed and an estimated 2,497,657 injured.

While the possibility of sustaining a brain injury is going to be dependent on the scale and severity of the accident, the chances of a car accident victim getting a brain injury is very likely as any kind of head injury is plausible in a car accident. From physical pain, memory loss, to even a permanent disability, there is a range of injuries that can be obtained from a car accident and any of them can be traced back to a TBI.

Violent Assaults

One of the most direct causes of a brain injury, violent assaults encompass a number of injuries such as blunt force traumas to the head and gunshot wounds. As such, these types of injuries are common in physical and criminal altercations, and those who have been injured by one may experience long-term physical or cognitive damages.

Just for context, the Las Vegas Metro Police Department has reported in a 2022 violent crime report that 79% of all aggravated assault cases involved some type of weapon such as firearms, knives, and other dangerous objects. Considering the ranges of injuries that can be obtained through the use of a deadly weapon, the chances of an TBI resulting from a violent assault is very likely.

Common Types of Brain Injury Cases

From what is typically seen in Nevada, concussions, intracranial hematomas, and diffuse axonal injuries (DAI) are some of the most common types of brain injuries that can be found after an unfortunate accident.

While the severity of these injuries will vary on a case-by-case basis, if you are experiencing any of these injuries or any related physical symptoms, it is vital that you seek immediate medical assistance. However, if you have been involved in an accident and would like to file a claim with a personal injury lawyer, it is important to know the differences between each one in order to file a proper personal injury case.

Concussions

Concussions are a very common brain injury found in most personal injury cases, because they are caused by any sudden blows to the head and are classified as mild brain trauma. However, according to the BTF, concussions are the most underreported head injury accounting for 90% of TBIs every year, which is roughly 2.5 million cases in the U.S. alone.

Some common symptoms include disorientation, impaired balance, slower reaction time, impaired attention and memory, headaches, dizziness, vision problems, and difficulties with sleep. However, long-term symptoms can include fatigue, forgetfulness, sensitivity to light and noise, and a change in mood such as sudden nervousness, depression, and irritability.

While concussions are arguably very quick to recover from, they should still be treated with the utmost care, because if left untreated, concussions can potentially develop permanent symptoms that can negatively impact a person’s life. In some of the most severe cases, an untreated concussion can potentially become chronic and the level of intensity will increase until death occurs.

Intracranial Hematoma

An intracranial hematoma is a brain injury where a brain tissue ruptures and a collection of blood forms within the skull. This type of brain injury is caused by the force of impact that is typically seen in car accidents and falls, and depending on the severity of the accident, an intracranial hematoma can be fatal if treatment is not applied immediately.

Common symptoms include headaches, vomiting, drowsiness, dizziness, confusion, unequal pupil size, slurred speech, and even paralysis. However, as more blood fills inside the skull, more severe symptoms can develop such as lethargy, seizure, and unconsciousness. 

Should an intracranial hematoma become worse, it can become an intracranial hemorrhage (ongoing internal bleeding) which is more lethal due to the ongoing flow of blood. Should anyone be experiencing any of these symptoms, 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 a medical condition that refers to the tearing of the brain’s connecting nerve fibers (which are called axons). They are typically caused by the force of a high speed impact from a car crash, specifically one strong enough to tear the nerve fibers from one another. As a result of the tearing, it causes the brain to shift and move around inside the skull causing bruising and tearing.

Symptoms include disorientation, confusion, headaches, nausea, drowsiness, an imbalanced sleeping schedule, and general dizziness. Depending on the severity of the DAI, it can cause other types of brain injuries such as concussions and hematomas. So it is important to see a medical professional, before your condition worsens and develops more long-term injuries.

Nevada Statute of Limitations on Brain Injury Lawsuits

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 NRS Section 171.090, all gross misdemeanors have a statute of limitation of two years. In accordance to NRS 171.085, all felonies have a limitation of four years, so depending on the nature of your brain injury claim, you may have some extra time to discuss the incident with a brain injury lawyer.

However, if you do not file a claim within that time period, you will waive your right to file a claim against those who caused it and would not be able to recover any compensation for your medical bills and damages.

Seeking Compensation for Traumatic Brain Injury

If you have suffered brain damage, the total compensation for your personal injury claim will be dependent on the severity of the TBI. For example, if you have sustained brain damage that has resulted in temporary or permanent disabilities, you may be eligible for compensation anywhere within the six to seven figure range due to the amount of medical treatment and medical care required.

For minor to moderate injuries, personal injury cases such as these can be worth anywhere within the five to six figure range in order to cover future expenses, such as hospital bills, physical therapy, and quality of life adjustments. With that in mind, no matter what kind of accident you have been involved in, it is important to accurately calculate your damages and find out how much your personal injury settlement is worth.

What to Do After Sustaining a Head Injury in Nevada

It is important to seek medical attention for any head injuries that you may have sustained. Due to the amount of possible TBI injuries that can result in death or paralysis, brain injury victims need to see a medical professional so that their condition does not worsen. 

Should the injury was caused by an ill-intentioned or negligent third party, victims can file a personal injury claim to a brain injury attorney and they will be able to process it and ensure that their clients are compensated either through the at-fault party’s insurance company or through their personal financial resources.

Our Traumatic Brain Injury Lawyers Are Here To Help

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 accumulate medical expenses, it is vital that you hire an experienced brain injury lawyer to represent your claim so that you can recover damages such as lost wages, emotional distress, and rehabilitation costs.

At West Coast Trial Lawyers, we are readily available to help with your personal injury claim and help you pursue compensation for this unfortunate accident. 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 that they deserve.

We have recovered over $1.6 billion in financial compensation for our deserving clients and we will continue to fight for their rights. So if you need an experienced brain injury attorney, any of our Henderson, Reno, or Las Vegas brain injury attorneys are readily available to meet with you and discuss your case in full detail.

To schedule a FREE consultation for your case, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or completing our easy online contact form.

Most Frequently Asked Questions About Traumatic Brain Injuries in Nevada

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. However, some of the most complex brain injury cases can take several years to process.

What Is the Average Settlement for a Traumatic Brain Injury Case?

The average settlement for a brain injury case will be dependent on the severity of the TBI. For example, if you have sustained brain damage that has resulted in permanent disabilities, you may be eligible for compensation anywhere within the six to seven figure range.

Who Has Legal Liability for Your Traumatic Brain Injury?

In most brain injury cases, the party who has directly caused your TBI can be held liable for all injuries and damages. However, it is important that you make a claim within 2-4 years depending on the severity and nature of the injury, or else you will run into Nevada’s statute of limitations and you might not be able to recover any compensation for your damages.

How Much Does A Nevada Brain Injury Lawyer Cost?

Most accident attorneys work on a contingency based system where they won’t get paid unless they win a case or receive a settlement offer for their client. As a result, the contingency fee can range anywhere between 25%-40% with most personal injury attorneys averaging around 33%.