Overview of a Traumatic Brain Injury
There are two types of brain injuries: open and closed. An open brain injury occurs when an object penetrates the brain’s soft tissue, like a gunshot wound to the head. A closed injury occurs when a sudden impact makes the brain collide with the skull, such as when a person’s head slams against the steering wheel during a car accident.
In 2021, the United States recorded more than 69,000 TBI-related fatalities. This means the U.S. records approximately 190 TBI-related fatalities each day. The leading causes of TBI-related hospitalizations include:
- Falls,
- Firearm-related incidents,
- Motor vehicle accidents, and
- Assaults.
Research indicates that certain classes of people are more likely to suffer a traumatic brain injury, including:
- Racial and ethnic minorities,
- Service members,
- Military veterans,
- People experiencing homelessness,
- Individuals incarcerated in correctional or detention facilities,
- Domestic violence victims, and
- People in rural areas.
Although some brain injuries heal with time and treatment, others cause permanent damage and change the victim’s life forever. A traumatic brain injury lawyer can review the circumstances that caused your injury and determine whether you have a case.
Consequences of a Traumatic Brain Injury
Anyone who suffers a brain injury should seek medical attention as soon as possible. Immediate symptoms of a brain injury include:
- Restlessness,
- Vomiting,
- Nausea,
- Severe drowsiness,
- Pupil dilation,
- Memory loss,
- Loss of consciousness, no matter how brief,
- Persistent headache,
- Slurred speech, or
- Significant confusion.
A medical professional will conduct a TBI evaluation to determine the extent of the injury. In cases of minor injuries, the brain injury may leave no permanent impact and fully recover after
A moderate to severe brain injury can leave lasting consequences that impact every aspect of your life, including:
- Lack of motor skills,
- Loss of vision,
- Inability to communicate,
- Behavioral changes,
- Lack of cognitive capacity,
- Sensory processing issues,
- Depression or anxiety,
- Brain death, or
- Unexplained aggression.
The severity of your brain injury and your chances of making a full recovery can determine the value of your brain injury claim.
What Damages Can I Recover in a Brain Injury Lawsuit?
The award from a brain injury lawsuit is designed to compensate you for the losses you suffered due to the injury. Injury settlements are generally made up of economic and non-economic damages. We know that no amount of money can truly pay for the injury you sustained. However, we hope your brain injury settlement can stay caught up on your financial obligations and pay for further necessary treatment.
Economic Damages
Economic damages refer to out-of-pocket expenses the injured party incurs from their injury. Examples of these damages after a TBI include:
- Medical bills,
- Rehabilitation costs,
- Lost wages, and
- Loss of future earning capacity.
A traumatic brain injury lawyer can compile the value of your economic damages with invoices, medical bills, and other financial documentation. We will calculate your losses accurately to ensure your recovery fully compensates you for your losses.
NonEconomic Damages
Noneconomic damages represent a more abstract form of losses that aim to compensate you for things like:
- Pain and suffering,
- Inconvenience,
- Disfigurement,
- Loss of quality of life,
- Emotional distress,
- Anxiety, or
- Psychological trauma.
A brain injury lawyer can consult an economic expert to assign a dollar value to your non-economic losses.
Punitive Damages
In rare circumstances, the judge may award the victim punitive damages. Punitive damages punish the at-fault party for wrongdoing and deter future misconduct. In Nevada, punitive damages are capped at:
- $300,000 if compensatory damages are below $100,000; or
- Three times the compensatory damages if they are $100,00 or more.
When a drunk driver causes the victim’s brain injury, the judge or jury may award punitive damages.
Can I Still Recover If I Am Partially to Blame for the Accident?
Nevada applies the modified comparative negligence rule to brain injury lawsuits. Therefore, a plaintiff can recover if they are less responsible for the accident than the defendant. Once a verdict is reached, the court will reduce the total by the percentage of the plaintiff’s fault. For example, if the court awards the plaintiff $200,000 and determines they were 20% to blame for the accident, the ultimate recovery for the plaintiff is $160,000.
Contact a Traumatic Brain Injury Attorney at Friedman Injury Law
Blake S. Friedman founded Friedman Injury Law in 2020. Despite opening its doors during the COVID-19 pandemic, Friedman Injury Law has already recovered more than $35 million on behalf of his clients. Born and raised in Las Vegas, NV, Blake knows his way around local courts and feels strongly about recovering compensation for individuals injured in his community. He will do whatever it takes to secure favorable results for his clients, from personally finding witnesses to testify at trial to tracking down gas station surveillance footage.
Blake’s ability to empathize with clients and understand their desired outcome sets him apart from other Las Vegas brain injury attorneys. He also has unique insight into bodily injuries, their treatment, and their physical, mental, and emotional toll on his clients. Blake was selected to the Super Lawyers Mountain States Rising Stars list in 2019, 2020, and 2021.
Contact us today if you or a loved one suffered a brain injury in Las Vegas, Nevada,
