The Link Between Brain Injuries and Long-Term Health Problems
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What Is A Traumatic Brain Injury?
Traumatic Brain Injuries, or TBIs, arise from severe external forces applied to the cranium. These forces may be the result of car accidents, workplace mishaps, or even physical assaults. When the head experiences a sharp blow or jolt, the brain moves within the skull, potentially causing cell damage or bleeding. These internal injuries can result in cognitive impairment, affecting a person's ability to think, reason, and remember. In Nevada, where roads like the I-15 and US-95 are notorious for high-speed collisions, TBIs are a critical concern.
What Are the Long Term Health Implications of a Brain Injury?
While some brain injuries may only result in temporary symptoms, others can have long-lasting effects on a person's physical, cognitive, and emotional well-being.
Common long-term health problems associated with brain injuries include:
1. Cognitive Impairment: Victims of TBIs may face challenges in cognitive functions like memory, problem-solving, and language skills. This decline can affect job performance and quality of life, necessitating long-term care.
2. Emotional and Behavioral Changes: TBIs can cause emotional instability, including symptoms of depression, anxiety, or impulsivity. This emotional toll not only affects the individual but also strains family and social relationships.
3. Physical Disabilities: Long-term physical consequences can range from recurring headaches to motor function impairment. These challenges may necessitate ongoing medical interventions, including surgeries and medications.
4. Sensory Impairments: Brain injuries can also result in sensory impairments, such as vision or hearing loss, altered taste or smell, or increased sensitivity to light or sound.
5. Increased Risk of Neurodegenerative Diseases: Recent studies have suggested a potential link between brain injuries and an increased chance of developing neurodegenerative diseases, such as Alzheimer's or Parkinson's disease, later in life.
What are the Relevant Legal Concerns in Nevada?
If you or a loved one has suffered a brain injury due to someone else's negligence or intentional actions, you may be entitled to compensation under Nevada law. It is important to understand the legal framework surrounding brain injury cases to protect your rights and seek the compensation you deserve.
Proving Negligence--For a brain injury claim in Nevada, establishing negligence on the part of the at-fault party is crucial. This might entail proving that the other driver was speeding or under the influence during a car accident.
Statute of Limitations--In Nevada, the window for filing a TBI-related lawsuit is generally two years from the date of the injury. Late filing can jeopardize your chances of securing compensation.
Comparative Negligence--Nevada employs a modified comparative negligence rule, which means if the victim bears partial responsibility for the accident, any awarded compensation will be reduced accordingly.
How Much Compensation Can I Receive?
The potential settlement or award amount in a brain injury case depends on many of the below factors:
Medical Expenses--Given the extensive medical treatments required for managing long-term health issues due to a TBI, medical expense compensation remains a primary concern. Nevada places no caps on such damages in most cases.
Loss of Income--The inability to work or reduced earning capacity due to cognitive decline can be a significant burden. Compensation for lost wages or reduced income can be part of a Nevada TBI claim.
Pain and Suffering--The non-economic damages cover emotional distress and lowered quality of life. However, these damages can be more challenging to quantify.
How Can an Experienced Lawyer Help?
Navigating the legal process after a brain injury can be overwhelming, especially when dealing with physical and emotional challenges. In a state where road conditions and traffic can be hazardous, knowing your legal rights is invaluable. A seasoned Nevada personal injury attorney can guide you through the complexities of a TBI case. They can assist in gathering evidence, negotiating with insurance companies, and, if necessary, representing you in court.
If you or a loved one has suffered a brain injury, call High Stakes Injury Law at (702) 444-3228 for a free case review.