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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.
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:
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:
Moderate or severe TBI victims could involve the same symptoms listed above as well as:
If you have been injured in a car accident, slip and fall, or any other accident, you need the services of a dedicated Las Vegas personal injury law firm to ensure that your rights are protected.
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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:
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:
Noneconomic damages are types of harm that do not have fixed financial values. Common kinds of non-economic damages include:
When a TBI causes a wrongful death, then families could be eligible for such damages as:
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.
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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The experienced team at Cloward Trial Lawyers has an impressive track record and has earned an unparalleled reputation in the legal community for its extensive expertise and exceptional client service.
You won’t have to pay large attorney’s fees unless you win your case. We believe our clients should receive the best representation without having to worry about a costly and stressful fee structure.
We consistently strive for the best outcomes for all of our clients and our track record of successful rates speaks for itself: 99% of victories achieved in personal injury cases.
We are devoted to guiding our clients through with the highest level of care, so they can feel secure knowing we will be by their side throughout the entire process.
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
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
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
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
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
2nd Thursday of each month, 6 – 7:30 pm
Reno Nevada Brain Injury Support Group
9475 Double R Blvd
Reno, NV 89521
Second Wednesday of the Month 6:30 p.m. – 8:00 p.m.