Understanding the Impact of Traumatic Brain Injuries - Shook & Stone

Understanding the Impact of Traumatic Brain Injuries

Understanding the Impact of Traumatic Brain Injuries

Grasping the Pervasive Impact of Brain Injuries in the United States and Advocating for Legal Rights in Nevada

The effects of Brain injuries can reverberate throughout an individual’s lifetime. Their effects permeate cognitive, emotional, and physical domains and can leave indelible marks on the lives they touch.  This blog touches on the prevalence of traumatic brain injuries (TBIs) in the United States and sheds light on the legal considerations, particularly for residents of Nevada.

A Closer Look at Brain Injuries in the U.S.:

Traumatic brain injuries (TBI) are unfortunately more common than many realize:

  • Emergency Care and Release: each year, a staggering one million Americans seek emergency care for TBIs, only to be treated and released.
  • Hospitalization: 230,000 individuals require extended hospitalization, but thankfully recover.
  • Long-Term Disabilities: an alarming 80,000 hospitalized patients are discharged with lingering disabilities post-TBI.
  • Fatalities: Sadly, 50,000 individuals succumb to TBI-related injuries each year.

Living with TBI-related Disabilities:

It’s estimated that 5.3 million Americans currently live with disabilities stemming from traumatic brain injuries.

Demographic Insights: Males exhibit a higher predisposition to TBIs compared to females, with vulnerability peaks between ages 15 and 24. Additionally, those under 5 or above 75 face elevated risks.

Given these sobering statistics, it’s crucial to be informed not only about the medical implications but also the associated legal dimensions, especially for residents of Nevada.

Nevada’s Legal Considerations for Brain Injury Cases:

  • Establishing Negligence: Demonstrating the culpability of the opposing party is fundamental. This could involve showcasing their recklessness in scenarios like road accidents.
  • Statutory Deadlines: Nevada’s legal guidelines dictate that TBI-linked lawsuits be filed within two years post-injury.
  • Comparative Fault Framework: Nevada’s modified comparative fault system stipulates that if the victim shares any blame, the compensation gets adjusted to their degree of responsibility.

Compensation Dynamics in Nevada:

Factors influencing monetary settlements in brain injury litigation include:

Medical Expenditures: the often-prohibitive costs of TBI-related medical care play a pivotal role in claim calculations.

Loss of Earnings: TBIs can curtail professional endeavors, leading to lost or diminished wages.

Psychological impacts: Intangible damages encompass emotional turmoil and a deteriorated quality of life.

The Role of Legal Counsel:

TBIs, with their profound implications, mandate robust legal representation. An astute Nevada personal injury lawyer can be instrumental, in assisting in evidence procurement, insurer negotiations, and robust courtroom advocacy.

If you or a loved one is navigating the aftermath of a brain injury, consider seeking expert guidance. Contact Shook & Stone at (702) 570-0000 for a holistic case assessment.