Can I Recover Damages for Brain Injuries in Nevada?
Effects of injuries to the brain are often unpredictable. In some cases, a victim may at first seem fine or just shaken up. But brain injuries can manifest themselves months or even years after an injury to the head.
If you or someone you love has been a victim of a brain injury in Clark County you may be entitled to compensation for:
- Medical bills,
- Long-term care,
- Lost wages,
- Lost earning capacity,
- Physical and/or occupation therapy,
- Pain and suffering,
- Punitive damages, and/or
- Wrongful death.
To get fair treatment from wrongdoers and insurers, you need an attorney who understands both brain injuries and the law.
Our caring Las Vegas personal injury lawyers work with top medical experts to ensure that you get the compensation you need and deserve.
To help you understand how you can recover money for a Nevada brain injury, our Las Vegas brain injury attorneys discuss the following, below:
- 1. Signs of brain injury
- 2. The danger of repeat head trauma
- 3. Compensation for brain injuries in Nevada
- 4. Can I recover for pain and suffering after a brain injury?
- 5. Can I get punitive damages for a brain injury in Las Vegas?
Even severe brain injuries may seem somewhat minor when they first occur. And trained doctors and nurses can have a hard time figuring out whether a brain injury is serious or not.
Some signs that the brain has been recently injured include:
Pupils that are unevenly dilated
Loss of consciousness (passing out)
Dazed or “out of it” feeling after a head injury
One of the most significant risk factors for significant brain injury is repeated head trauma. Some Clark County residents have careers or play contact sports that involve a high risk of brain injuries.
While a single concussion is unlikely to be serious, the same cannot be said for continued head injuries. Nevadans who have been concussed repeatedly may develop lifelong brain injuries. These injuries may have unpredictable effects on mood and behavior.
In some situations, brain injury carry devastating or even lethal psychological consequences. If your loved one recently committed suicide after brain injuries, it is important to talk to a qualified Las Vegas personal injury attorney. You may be able to take legal action.
When you are injured through someone else's negligence in Nevada, you are entitled to compensation. You can also recover money if your brain injury occurred because someone else was reckless or intentionally hit you.
An experienced Clark County personal injury lawyers may be able to help you recover money damages that go beyond your current medical bills.
For example, you can be compensated for decreases in your quality of life, or loss of employment. Nevada victims of brain injuries are also entitled to compensation for their expected future medical bills.
This can be one of the most important reasons to get an attorney. Often brain injuries will have lifelong medical consequences, and some of them can be very expensive. You may also be entitled to compensation for long-term care or to help you learn new skills.
If you have suffered a serious injury, you may be entitled to recover for "non-economic" damages under Nevada law.
"Non-economic damages are those not related to your actual out-of-pocket costs. They include recovery for pain, suffering, inconvenience, physical impairment, disfigurement and other non-pecuniary damages.1
There is no set amount a jury can award for pain and suffering damages in Nevada. In making an award for pain and suffering, a jury may award any non-economic damages it finds to be just and reasonable in the light of the evidence.2
Exception: If your brain injury resulted from medical malpractice (professional negligence), there is a cap of $350,000 for non-economic losses.3
The cap on non-economic damages was approved by Nevada voters in 2004 as part of a medical malpractice reform ballot measure called the "Keep Our Doctors in Nevada" initiative. The Nevada Supreme Court has upheld this cap on non-economic damages as constitutional.4
"Punitive" and "exemplary" damages differ from damages meant to compensate you for economic and non-economic losses. They are meant, instead to:
- Punish wrongdoers who behave in a reckless or malicious manner, and
- Set an example to deter others from engaging in similar behavior.
Exemplary and punitive damages in Nevada are in addition to the damages you receive for your out-of-pocket ("compensatory") and non-economic losses.
In general under Nevada law punitive damages are capped at:
- Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more; or
- Three hundred thousand dollars if the amount of compensatory damages awarded to the plaintiff is less than $100,000.5
The cap does not apply, however, when an injury results from:
- A defective product,6
- The emission, disposal or spilling of a toxic, radioactive or hazardous material or waste,7 or
- The wrongful actions of a driver who has willfully consumed alcohol and/or drugs.8
Suffered a brain injury in Las Vegas? Call us for help...
When you have been injured, you need someone in your corner. Doctors and insurance companies will not be your advocate. To get all the compensation you need and deserve you need a skilled Nevada personal injury lawyer to represent your interests.
We understand how difficult it can be to pursue your rights after a traumatic injury. But our compassionate Las Vegas personal injury attorneys are here to help.
We offer free, no-obligation consultations and take no money unless and until you settle or win your case.
To speak to an experienced Las Vegas brain injury lawyer, call us at 702-DEFENSE (702-333-3673) or complete the form on this page. We will get back to you promptly to discuss your situation and the best way to get compensation for your or your loved one's Nevada brain injury.
- NRS 41A.011.
- Nevada Jury Instructions 10.05; BAJI 14.13.
- NRS 41A.035.
- Tam v. Eighth Judicial District Court (2015), 358 P.3d 234.
- NRS 42.005 (1).
- NRS 42.005 (2)(a).
- NRS 42.005 (2)(d).
- NRS 42.010.