Serious brain injuries often follow the victims for the rest of their lives. These injuries can lead to permanent disabilities, along with associated medical costs, lost wages, and the inability to return to your previous job. When someone suffers a brain injury due to the negligence of another party, the victim may have grounds for a personal injury claim against that party.
At the Cottle Firm, our team of experienced Las Vegas brain injury lawyers understands the difficulties brain injury victims face. We’re proud to stand by these victims and help them fight for fair compensation based on the damages they’ve suffered. Give the Cottle Firm a call today at 702-722-6111 to discuss your legal options after a brain injury.
Types of Traumatic Brain Injuries (TBI)
According to Johns Hopkins Medicine, a traumatic brain injury (TBI) occurs when the brain is damaged by a sudden, external force. TBIs are among the most common causes of death and disability in adults. Traumatic brain injuries are generally divided into the following categories.
Closed Traumatic Brain Injury
Closed brain injuries occur when someone is struck in the head and the brain rapidly moves and shakes inside of the skull. There is no break in the skull. Closed brain injuries typically involve the bruising and tearing of blood vessels and brain tissues. The most common causes of closed brain injuries include car accidents, falls, and sports-related contact.
Penetrating Traumatic Brain Injury
Also known as an open head injury, penetrating brain injuries involve breaks or fractures in the skull, such as a gunshot to the head that breaks the skull and enters the brain.
Diffuse Axonal Injury
Diffuse axonal injury happens when brain nerve fibers called axons tear due to the brain moving and rotating inside of the skull during an injury. This is a severe condition that typically leads to a coma, along with damage to various areas of the brain. This injury can also sometimes be difficult to detect, as the physical changes are microscopic and do not always show up on CT or MRI scans.
Common Causes of Brain Injuries
Most traumatic brain injuries are caused by traumatic injuries to the head. According to the Centers for Disease Control and Prevention (CDC), most TBIs are caused by motor vehicle collisions, falls, firearm-related injuries, and assaults.
Falls
Falls are the most common cause of traumatic brain injuries, accounting for about half of them. This includes falls from ladders, beds, downstairs, baths and showers, slip-and-fall accidents, and other types of falls. Older adults and young children are especially vulnerable to fall-related TBIs.
Motor Vehicle Collisions
Motor vehicle accidents are another top cause of TBIs in the U.S. This includes collisions between vehicles, such as cars, motorcycles, and trucks, as well as collisions between motor vehicles and cyclists or pedestrians. Pedestrians and cyclists are especially vulnerable to TBIs, as they lack the same protection as vehicle occupants.
Violence
Victims of assault and gun violence often suffer TBIs. Child abuse and domestic violence victims are vulnerable to TBIs if they suffer blows to the head. Shaken baby syndrome also often leads to traumatic brain injuries in infants. Survivors of gunshot wounds to the head can suffer penetrating TBIs if the bullet cracks the skull and enters the brain.
Sport Injuries
Athletes in a wide range of sports may suffer a TBI if they take a blow to the head while playing. These injuries are common in sports like football, boxing, soccer, hockey, baseball, lacrosse, and skateboarding. Children and teenagers are more likely to suffer sports-related TBIs.
Brain Injury Symptoms
Traumatic brain injuries can involve a wide range of physical and psychological symptoms, depending on the severity of the injury. Some of these symptoms may show up right away, while others have a delayed onset of days or even weeks later. This is why it is extremely important to seek medical attention after any type of blow to the head.
Mild TBI Symptoms
In cases of mild traumatic brain injury, individuals may exhibit physical symptoms like headaches, nausea, and fatigue. Sensory symptoms are also common, such as blurred vision and sensitivity to light and sound. Additionally, many patients with mild TBIs have cognitive, behavioral, and mental symptoms, such as memory issues, mood swings, and difficulty sleeping.
Moderate and Severe TBI Symptoms
Individuals with moderate to severe TBIs may show any of the symptoms of mild TBIs, along with additional, more severe symptoms. Physical symptoms include:
- Extended loss of consciousness
- Persistent and worsening headaches
- Repeated vomiting or nausea
- Seizures
- Dilation of the pupils
- Clear fluids draining from the nose or ears
- The inability to awaken from sleep
- Weakness or numbness in the fingers and toes
- Loss of coordination
Cognitive and mental symptoms of moderate and severe TBIs include:
- Profound confusion
- Unusually behavior, such as agitation and combativeness
- Slurred speech
- Comas
Who Can Be Held Liable For a Brain Injury?
Some traumatic brain injuries only occur due to the negligence of another party. In these cases, the negligent party may be held liable for damages related to the injury, such as medical bills, lost wages, pain and suffering, and emotional distress. Our Las Vegas brain injury lawyers have handled personal injury claims against the following parties for traumatic brain injuries.
Negligent Motorists
Traumatic brain injuries are common in traffic accidents caused by negligent motorists. When drivers fail to follow traffic laws, drive recklessly, or engage in distracted driving, they put themselves and others at risk of an accident involving serious injuries. Victims of such accidents may hold negligent motorists accountable by filing a personal injury claim against them.
Property Owners
All property owners have a legal duty to keep their premises safe and free of foreseeable hazards that could cause injuries. Hazardous conditions like slippery floors and uneven surfaces can lead to slip and fall accidents, which can result in serious head injuries if the victim’s head hits the floor during their fall. A lack of adequate security measures can also put property guests at a higher risk of violent crimes like assaults and shootings.
Proving negligence by property owners involves a careful investigation of the circumstances surrounding the accident, including building codes, maintenance records, and any history of similar accidents on the property.
Manufacturers of Defective or Dangerous Products
In rare cases, defective or dangerous products can lead to traumatic brain injuries. For example, a defective football helmet could put players at a higher risk of suffering a TBI during contact. The manufacturers of defective and dangerous products can be held liable for injuries caused by their products through product liability lawsuits.
Brain Injury FAQ
How Is Negligence Proven in a Personal Injury Lawsuit For a Brain Injury?
Nevada personal injury law follows a standard of comparative negligence. In a personal injury claim, both the plaintiff and defendant are assigned a percentage of fault. Therefore, your personal injury lawyer will work to prove the negligence of the defendant and disprove your own negligence. If you are deemed partially at fault and are awarded a settlement, the amount will be reduced by your percentage of fault.
There are four main elements of negligence in Nevada personal injury claims:
- Duty of care – The defendant (such as a driver or property owner) had a legal duty to avoid any action or lack of action that could put others in harm’s way.
- Breach of duty – The defendant failed to meet their duty of care.
- Causation – This breach of the duty of care caused the accident and subsequent injuries.
- Damages – You suffered financial or personal losses due to this breach of duty of care.
How Can a Brain Injury Affect Daily Life?
The impact of a brain injury on daily life varies depending on the severity of the injury. Brain injuries can cause cognitive deficiencies that require cognitive therapy and assistance from social workers for special tasks. Some patients may also have limited job opportunities due to these deficiencies.
Victims can also suffer emotional difficulties. Some patients may become oversensitive and prone to emotional outbursts, which can result in lasting psychological difficulties. Physical abilities may also be impeded and may require the use of mobility aids like canes and wheelchairs, which can significantly reduce mobility and overall quality of life.
Should I Accept a Settlement From the At-Fault Party’s Insurer?
In cases involving negligence, the at-fault party’s insurance company will often reach out to the victim to offer a settlement. Although it may be tempting to accept a settlement without needing to go through the claims process, remember that insurance adjusters prioritize the best interests of the insurance company and may attempt to offer a settlement far below what your case is worth. It is best to first speak with an experienced personal injury lawyer before entertaining any settlement offers.
Learn More From Our Las Vegas Brain Injury Lawyers
A severe brain injury can result in lasting complications, along with personal and financial difficulties. If you or a loved one has suffered a brain injury in an accident caused by negligence, such as a car accident or slip and fall, you have legal rights. At the Cottle Firm, our Las Vegas brain injury lawyers are prepared to help you take legal action to recover financial compensation for all economic and non-economic damages you’ve suffered. Give us a call today at 702-722-6111 to learn more in a free consultation.