Traumatic brain injuries (TBIs) are injuries to the brain caused by an external force. TBIs can be caused by something hitting you in the head (such as a ball in sports practice). They can also be caused by the impact of something like a car accident. Even if your head doesn’t hit against an external object, the back-and-forth movement from the accident impact can cause your brain to hit against your skull. TBIs can also be caused by something entering the brain, such as a sharp object or bullet.
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The top causes of traumatic brain injuries are:
- Slips and falls
- Motor vehicle accidents
- Violent crime
- Sports injuries
- Blast injuries from explosions (common in military personnel)
Traumatic brain injuries can range from a mild concussion to severe injuries such as brain hematomas (bleeding in the brain) or “diffuse axonal injuries” that cause the fibers in the brain to twist and tear.
TBI Settlement Compensation
Because TBIs can be among the most catastrophic injuries, lawsuits involving TBIs command some of the highest settlement fees. It is common for TBI settlements in Nevada to exceed $100,000, and some can total millions of dollars.
The amount of the settlement will depend on several factors:
Liability
Your attorney will have to prove that the defendant had a duty to protect you and that they breached this duty. For example, they could show that a motorist had the duty to drive responsibly to protect others on the road, but they breached this duty by driving recklessly.
Your attorney will then need to prove the link between the defendant’s reckless driving and your injuries and substantiate the damages that you have suffered as a result of your injuries.
This can get muddy if you bear some fault in the accident. For example, perhaps the defendant was speeding and hit you, but you were driving at night without working headlights. Nevada is a “modified comparative negligence” state, which means that if you can establish that you are not more liable than the defendant, you can still receive compensation at a reduced rate. For example, if it is determined that the defendant bears 60% of the fault and you bear 40% of the fault, you can still receive damages; however, those damages will be reduced by 40%.
Number of Defendants
In some TBI cases, more than one defendant is found liable. For example, maybe you got in a car accident due to poorly maintained roads. The city contracted with a private company to do the road maintenance. The contractor was liable because it did not perform the work as contracted, but the city was also partially liable because it carelessly hired an unlicensed contractor with a long list of safety violations.
Different defendants will be represented by different insurance companies, and the ensuing negotiations and rulings could affect the amount of the award.
Severity of the Injury and Its Symptoms
Naturally, the seriousness of your injuries and their effects will drive the settlement amount. Traumatic brain injuries can cause a broad range of symptoms:
- Headaches
- Seizures
- Loss of speech (or impaired speech)
- Loss of balance and/or coordination
- Blurred vision
- Ringing in the ears
- Sensitivity to light or sound
- Mood swings
- Difficulty concentrating
- Memory loss
- Depression and/or anxiety
- Combativeness
- Insomnia or excessive fatigue
- Loss of sensation and/or paralysis
- Coma
The type of TBI you have and the symptoms it causes will all figure into your settlement amount. It will be important to show how these symptoms affect your quality of life and finances.
Duration of Injury/Disability
Some TBI symptoms will improve with time; others can turn into long-term disabilities that require lifelong care. This must be factored into the settlement.
It is common for Nevada TBI settlements involving total disability to exceed $1 million. The final award should cover ongoing home care, medical costs, adaptive equipment, etc. The settlement should also account for future lost wages.
Financial Impact
Depending on the severity of your TBI, you may be watching your medical bills climb higher and higher. There will likely be bills for imaging and medications. There may also be bills for occupational therapy, physical therapy, speech therapy, counseling, adaptive equipment, and home care.
On top of these bills, you may be unable to work—or at least work in the usual capacity. On top of that, some people with TBIs require the assistance of caregivers to function from day to day. These costs will significantly influence your settlement amount.
Your Age and Health History
If you were young when the TBI happened, you would likely command a higher settlement. One of the reasons for this is that young TBI sufferers often have many years of support and therapy ahead of them.
Your health history (physical and mental) will come into play, too. If your TBI caused your depression, you could be eligible for more compensation than if your TBI worsened your pre-existing depression.
Cooperation with Medical Care
How cooperative and proactive you are in working to get better could affect your final award. If you are attending your medical appointments, limiting mental and physical activities as prescribed by your doctor, and participating in recommended therapies, you could strengthen your credibility and improve your final settlement amount.
Pain and Suffering
This is a non-economic benefit that can be included in your final settlement if you can show that your TBI has caused you significant physical and emotional pain and distress. Generally, the more severe your TBI, the higher your pain and suffering compensation will be.
In Nevada, there is no cap for pain and suffering awards in personal injury settlements unless it is a medical malpractice case. In the case of medical malpractice, there is a $350,000 cap for non-economic damages.
What Does an Attorney Offer that I Can’t Get Through My Own Negotiations?
If you are concerned about attorney costs, you may be tempted to negotiate a settlement yourself with the insurance company, but this carries its own costs. Here’s what an attorney can offer you:
Reduced Stress
Insurance companies know how to pour on the pressure to get you to settle for a lower amount, and they don’t like to take no for an answer. If you’re trying to recover from a TBI, the last thing you need is an insurance company breathing down your neck.
A skilled TBI lawyer will know how to handle the tactics of Big Insurance. They can do the negotiating for you, sparing you the high-pressure tactics of the insurance world.
A Fair Settlement
The insurance company has one thing in mind: their bottom line. But their lowball settlement offers could leave you in the lurch. They may propose what seems like a lot of money upfront. However, you must make sure you fully understand the past, present, and future costs of your injury.
Experienced TBI attorneys know how to calculate what your injury has cost you and will cost you into the future. They will take into account future medical care needs and any limits on your ability to work. Based on similar cases, they can come up with reliable sums to cover your future losses and expenses.
The last thing you want is to settle too quickly only to realize that your financial resources are gone but your TBI is still racking up bills.
An Airtight Case
Cases are not won by emotion but through evidence. An attorney will know what evidence is needed and how to obtain it through witnesses, experts, medical records, police reports, and more. If you work with an attorney who specializes in TBIs, they will be especially attuned to the evidence needed to maximize your settlement.
Litigation Experience
If you can’t agree on a settlement offer, your attorney can advance your case to a trial and argue your case in court. They will know how to present your case to the judge in the most compelling way so you can get the compensation you deserve.
Look for a Nevada attorney who operates on contingency fees, which means they won’t charge you anything upfront. They will only get paid when your case is successfully resolved. Attorneys who work on contingency fees get a percentage of your final settlement, so they have a strong incentive to represent your case well.
Since there is no state income tax in Nevada, you will not have to pay state taxes on your personal injury award. Just make sure that you file your case promptly as Nevada has a two-year statute of limitations.
If you want to know how strong your case is or if you need an experienced attorney to represent you, our Las Vegas traumatic brain injury attorneys can help. We have been successfully representing TBI sufferers for 50 years. Contact us for a free case review.
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