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The National Library of Medicine reports that about 1.7 million people suffer a traumatic brain injury (TBI) in the United States, with people between 15 and 19 years of age as well as adults 65 years of age and older being the most likely to suffer a TBI. The Centers for Disease Control and Prevention (CDC) states that there were 64,000 TBI-related deaths in the nation in 2020, meaning approximately 176 TBI-related deaths every single day.

A TBI is a life-changing injury that is not always evident to other people, so victims in these cases can face a significant number of challenges when it comes to many different daily routines. Any person who suffers a TBI because of another party’s negligence in Nevada will want to be sure they are working with a Las Vegas brain injury lawyer because legal representation will be critical in these cases as insurance companies rarely ever are willing to pay people the appropriate amounts that are necessary for the many costs that will be involved in treating TBIs.

Common Causes of Brain Injuries

A TBI is typically the result of some kind of sharp blow to a person’s head or any penetrating injury relating to the skull. In general, the most common causes of TBIs include, but are not limited to:

  • Motor vehicle crashes
  • Bicycle accidents
  • Motorcycle crashes
  • Slip-and-fall accidents
  • Firearm-related incidents
  • Sports injuries
  • Assaults
  • Medical malpractice
  • Workplace accidents
  • Blast injuries
  • Child abuse
  • Defective products
  • Being struck by a blunt object

Brain Injury Symptoms

Symptoms of a TBI will vary depending on the degree of brain injury a person suffers. TBIs are typically classified as mild, moderate, or severe.

The National Library of Medicine notes that mild TBIs involve normal structural imaging, a loss of consciousness that is less than 30 minutes, an alteration of consciousness or mental state that lasts a moment to 24 hours, post-traumatic amnesia of no days to one day, and a Glasgow Coma Scale score of 13 to 15.

Moderate TBIs involve normal or abnormal structural imaging, a loss of consciousness that is 30 minutes to 24 hours, an alteration of consciousness or mental state that lasts more than 24 hours, post-traumatic amnesia of one day to seven days, and a Glasgow Coma Scale score of 9 to 12.

Severe TBIs involve normal or abnormal structural imaging, a loss of consciousness that is more than 24 hours, an alteration of consciousness or mental state that lasts more than 24 hours, post-traumatic amnesia of more than seven days, and a Glasgow Coma Scale score of 3 to 8.

Mild TBI symptoms can include:

  • Headache
  • Loss of consciousness
  • Confusion
  • Dizziness
  • Fatigue
  • Blurred vision
  • Difficulty with memory and concentration
  • Irritability

Moderate or severe TBI victims could involve the same symptoms listed above as well as:

  • Nausea
  • Severe headache or migraine
  • Seizures
  • Vomiting
  • Loss of bowel and bladder control
  • Slurred speech
  • Short-term memory loss
  • Amnesia
  • Depression
  • Loss of coordination
  • Weakness in arms and legs
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Children’s cases can also involve unique symptoms, and parents must be alert to these issues. A child with a TBI could display one or more of the following symptoms:

  • Change in nursing or feeding habits
  • Persistent crying or being inconsolable
  • Drowsiness
  • Irritability
  • Depressed
  • Change sleep routine
  • Seizures
  • Loss of interest in favorite toys or activities

Possible Damages in a Brain Injury Case

Any person who suffers a TBI will be dealing with an extraordinary amount of medical bills and other issues. These people can be permitted to seek financial compensation, known as compensatory damages, which usually involve some combination of economic damages and noneconomic damages.

Economic damages relate to a person’s actual losses. The most common kinds of economic damages often include:

  • Medical treatment costs
  • Ambulance transportation costs
  • Hospitalization costs
  • Nursing care costs
  • Follow-up medical care costs
  • Property damage
  • Medication costs
  • Lost wages

Noneconomic damages are types of harm that do not have fixed financial values. Common kinds of non-economic damages include:

  • Loss of bodily functions
  • Mental trauma (depression, anxiety, flashbacks)
  • Emotional distress
  • Permanent disability
  • Physical pain
  • Disfigurement
  • Emotional anguish
  • Loss of enjoyment of life
  • Pain and suffering
  • Reputation and humiliation damages

When a TBI causes a wrongful death, then families could be eligible for such damages as:

  • reasonable funeral and burial expenses
  • medical expenses resulting from a deceased person’s final injury
  • lost wages and benefits a deceased person would have been able to earn if they had lived
  • loss of companionship, comfort, care, and affection of the deceased person
  • survivors’ grief or sorrow
  • any pain, suffering, or disfigurement the deceased experienced before death

Another type of damages that is much less common is punitive damages or exemplary damages, although these kinds of awards are much rarer since they require an additional element beyond basic negligence. Punitive damages will only be available in cases in which a negligent party engaged in oppression, fraud, or malice under NRS § 42.005.

Fraud is defined as the intentional misrepresentation, deception, or concealment of a material fact known to a person and made with the intent to deprive another of their rights or property or otherwise injure them. Malice is conduct intended to injure a person or despicable conduct that is engaged in with a conscious disregard for the rights or safety of others.

Oppression is despicable conduct subjecting a person to cruel and unjust hardship with conscious disregard for their rights. Conscious disregard means the knowledge of the probable harmful consequences of a wrongful act and a willful and deliberate failure to act to avoid those consequences.

NRS § 42.005 establishes that punitive damages cannot be more than three times the amount of compensatory damages awarded to a person if the amount of compensatory damages is $100,000 or more, or $300,000 when the amount of compensatory damages awarded to a person is less than $100,000. There is no limit on punitive damages when a driver is convicted of a DUI offense.

Contact Our Las Vegas Brain Injury Lawyers Today

Did you or your loved one recently suffer a TBI because of another party’s negligence in the greater Las Vegas area? You will want to be sure you get in touch with Cloward Trial Lawyers because we will aggressively fight to make sure that you are able to recover every single dollar of financial compensation you are entitled to.

Our firm will handle your case on a contingency fee basis, meaning that you do not pay us anything at all unless we win or settle your case. Call (702) 605-5000 or contact our Las Vegas brain injury attorneys online to set up a free consultation.

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Benjamin P. Cloward became the youngest lawyer in the history of the State of Nevada to be awarded the prestigious “Trial Lawyer of the Year” by the Nevada Justice Association.

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Benjamin P. Cloward

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Ian Estrada moved to Las Vegas in 2011 to work for a prestigious, local defense firm where he represented national insurance companies in personal injury lawsuits.

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Ian Estrada

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Landon Littlefield spent several years working as a complex commercial litigation attorney before finding his passion in personal injury.

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Landon D. Littlefield

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Riley Clayton has successfully tried numerous personal injury, wrongful death, and insurance bad faith cases to verdict.

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Riley Clayton

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Dillon Coil focuses on serving injured workers, police officers, firefighters, laborers, and their families.

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Dillon Coil

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Fighting for injury victims and their families.


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Answers to your most commonly asked questions

At Cloward Trial Lawyers, we can address all of your legal questions and concerns and advocate for you every step of the way. What follows are the answers to some common questions that arise in the wake of a brain injury.

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Hypoxic and anoxic brain injuries are kinds of acquired brain injuries that occur when cells in the brain do not receive enough oxygen. They are very similar but have slightly different causes, as a hypoxic injury happens when a brain is still able to receive some amount of oxygen, but is not getting enough. An anoxic injury happens when oxygen is cut off completely from the brain.

Common causes of hypoxic and anoxic brain injuries include near-drownings, electrical shock, heart attacks, choking, carbon monoxide poisoning, suffocation, strangulation, smoke inhalation, and overdoses. Symptoms may include difficulty concentrating, poor coordination, headaches, dizziness, light-headedness, confusion, loss of consciousness, and skin appearing blue, and long-term effects could include disturbances in motor function, spasticity, tremors, cortical blindness, memory problems, speech impairments, increased irritability and frustration, fatigue, and low blood pressure.

The Americans with Disabilities Act (ADA) defines a person with a disability as being an individual who has a physical or mental impairment substantially limiting one or more major life activities, a person with a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments the law covers.

Many people with TBIs will suffer from impairments that can qualify them for work accommodation under the ADA. Some of the impairments may include difficulty paying attention or staying organized, fatigue, photosensitivity, emotional control or stress tolerance, seizures, and reduced mobility.

The Brain Injury Association of America (BIAA) has a Nevada website, and it notes that brain injury support groups in the state include:

Las Vegas NeuroRestorative Brain Injury Support Group

2785 South Rainbow Boulevard
Suite 130
Las Vegas, NV 89146
First and Third Thursday of the month, 5 p.m. – 6:30 p.m.
Contact: Mary Langdon — BrainInjurynv@gmail.com

Las Vegas Dignity Health Brain Injury Support Group

2930 Sienna Heights Drive
Henderson, NV
Third Wednesday of the month, 6 p.m. – 7 p.m.
Contact: Mary Langdon — BrainInjurynv@gmail.com

Las Vegas Stroke and Brain Injury Support Group

Summerlin Hospital
657 North Town Center Drive
Conference Room B
Fourth Thursday of the month, 3 pm – 4 pm
Contact: (702) 233-7061

Carson City Nevada Travelers Support Group Meeting

Shepard of the Sierra
3680 Hwy 395 South
Carson City, NV 89705
(775) 830-4261
Email: info@hiann.org
Second Monday of the month from 6 pm. – 7:30 p.m.

Making Headway Support Group Reno Nevada

Renown South Meadows
10101 Double R Blvd
Reno, NV 89511
(775) 830-4261
Email: info@hiann.org
2nd Thursday of each month, 6 – 7:30 pm

Reno Nevada Brain Injury Support Group

9475 Double R Blvd
Suite B6
Reno, NV 89521
(775) 440-1234
Second Wednesday of the Month 6:30 p.m. – 8:00 p.m.

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