Brain Injury

Las Vegas Brain Injury Attorneys

Compassionate representation for victims of traumatic brain injury in Nevada

Brain injury cases are not like other injury cases. Brain injuries are often called the “invisible injury” because on the outside the injured person looks fine. But to anyone who knows the person, things aren’t right. These are some of the most complex cases because of the medicine involved. Getting a verdict at trial, or a fair settlement, requires lawyers who know the medicine and how to present that information at trial or to an insurance company. We are the lawyers who other lawyers turn to when they need help on brain injury cases because of the results we’ve attained at trial on these cases.

When the brain sustains an injury, it can permanently change the victim’s life. Cognitive problems, loss of motor function, memory loss, speech impairment, permanent disability, and death can all result from a traumatic brain injury (TBI). When this injury is caused by another’s negligence or intent, the results are all the more devastating.

The Centers for Disease Control and Prevention (CDC) reports 61,000 TBI-related deaths a year, or 166 deaths each day. These numbers don’t take into account the millions of patients who survive TBIs, left with lifelong injuries and medical  bills. At Claggett & Sykes Trial Lawyers, our experienced Las Vegas brain injury lawyers give their full attention and care to get justice when you or a loved one suffer serious injury.

We have recovered more than $1.5 billion for our clients. And, in the past 12 years, we have successfully resolved thousands of cases. Compare our results with other lawyers and you’ll see that we know how to handle brain injury cases. Contact us today.

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“I will forever be a fan...they have exceptional customer service, true empathy, and their primary focus is to help you. If you are looking for ethical, caring, responsible help and someone who is looking out only for you, this is the firm.” – Karen B.

Brain injury faq

Quick Questions

What is a traumatic brain injury?

A traumatic brain injury is an injury to the brain that can affect the way that it functions. In basic terms, anything that causes the brain to strike the inside of the skull, lose oxygen supply, or bleed and swell can result in a traumatic brain injury. Any damage to the brain’s cells, fluids or tissues can have a major impact on how the brain works. Damage to the limbic system, for example, can affect memory and emotions.

A brain injury is “traumatic” when an external force injures the brain, such as a bump or blow to the head. An acquired brain injury (ABI), on the other hand, comes from internal issues, such as a lack of blood or oxygen supply depleting the brain’s cells and causing them to die. Both types of brain injuries can cause disability or death.

What are the warning signs of a TBI?

After you or a loved one sustains any type of head injury, it’s vital to seek medical attention immediately. It’s also important to know the warning signs of a serious brain injury. Missing or ignoring the signs of brain trauma can lead to permanent disabilities or even death. Seek immediate medical attention if you notice any of the following symptoms in yourself or others:

  • Periods of unconsciousness
  • Persistent headache or a headache that continues to worsen
  • Convulsions and seizures
  • Clear fluid draining from the ears or nose
  • Weakness, tingling, or numbness in the extremities
  • Loss of balance and coordination
  • Profound confusion and memory problems
  • Aggression, combativeness, or irritability
  • Intense mood swings
  • Inability to wake up after falling asleep

It’s especially important for parents to know the warning signs of a child’s brain injury. Children are much more susceptible to traumatic brain injuries than adults, and a child will most likely suffer far worse consequences for a brain injury than an adult. Brain injuries are often fatal for very young children and infants.

Children with an undiagnosed brain injury may appear lethargic, drowsy, or uninterested in their favorite games and toys. They may also fall into fits of uncontrollable crying, during which time they appear inconsolable. If you believe your child has suffered any type of brain injury, it is imperative that you seek emergency medical care immediately.

What are some common causes of brain injuries?

There are many incidents and events that can lead to a traumatic brain injury. Our brains are delicate organs at risk of injury from a variety of ways. From construction site accidents to medical malpractice, brain injuries can happen in numerous circumstances, such as:

The truth is that most of these incidents are preventable. They happen when someone is negligent, reckless, or intentionally harms another individual. If you suffer a traumatic brain injury because of someone else’s actions, the Las Vegas injury attorneys at Claggett & Sykes can help.

How do I know if I have a valid brain injury case?

When a preventable event causes a traumatic brain injury, the victim may have the right to bring a personal injury claim against the at-fault party or parties. This type of lawsuit seeks financial compensation from one or more defendants for causing or significantly contributing to a brain injury. Most personal injury cases in Las Vegas are based on the legal doctrine of negligence, which rules that someone is negligent if they fail to use the level of care that is required for a particular situation.

For a successful outcome in your case, our attorneys must establish four elements to prove negligence:

  1. Duty. The relationship between the defendant and the plaintiff (you, as the injured party) created a legal or ethical obligation by the defendant to exercise reasonable care. This can be as simple as agreeing to abide by traffic laws when you get your driver’s license.
  2. Breach of Duty. The defendant failed to act in a way that fulfilled the duty of care. An example of this might be a driver failing to pay attention to traffic conditions and running a red light.
  3. Causation. The defendant’s action or omission was the proximate (main) or legal cause of the accident or injury. For example, the driver who ran a red a light caused an accident by broadsiding your car.
  4. Damages. The plaintiff suffered damages, or compensable losses, because of the defendant’s negligence. Finally, in this example, your damages might include hospital bills, lost paychecks, and vehicle repairs.

The legal requirement is proving these four elements as more likely to be true than not true using clear and convincing evidence. This burden of proof is known as a preponderance of the evidence. Although it’s less than the burden of proof required in a criminal case (proof beyond a reasonable doubt), it can still be difficult to meet without assistance from an experienced brain injury attorney in Las Vegas.

Claggett & Sykes has the experience you need.

What damages can I recover for my Las Vegas brain injury claim?

Brain injuries are often “catastrophic” in the eyes of the law, which means an injury that causes serious and life-altering consequences to the victim. This is why catastrophic injuries usually have significant awards; they cost the victim the most. You may be able to recover for your financial losses as well as non-economic damages such as loss of quality and enjoyment of life.

Lost capacity to earn, home and vehicle modifications, live-in care, mental anguish – these are all compensable damages in the state of Nevada. Speak to our team of Las Vegas brain injury attorneys to find out more. Common damages we secure for our clients include:

  • Past and future medical bills
  • Surgeries or rehabilitation
  • Therapies
  • Lost wages
  • Disability costs
  • Pain and suffering
  • Emotional distress
  • Out-of-pocket costs
  • Punitive damages

Anytime you’re in an accident and experience an injury to the head, see a doctor. You may not notice symptoms of a serious TBI right away, but medical scans can provide a proper diagnosis. Prompt treatment can make a big difference in how much a brain injury ultimately affects a patient’s life. Surgery, therapy, and other methods can potentially limit symptoms of a TBI. After your accident, contact Claggett & Sykes Trial Lawyers, and we’ll help you file your personal injury claim.

How long do I have to file a Las Vegas personal injury claim?

In Nevada, if you fail to file your lawsuit by the state’s deadline – known as the statute of limitations – the courts will refuse to hear your case. You will be unable to bring a claim against the person or party that caused your brain injury even if there is proof of negligence. The time limit to file most types of personal injury cases in Nevada is two years after the date of the accident.

This time limit may change depending on the type of case. For example, Nevada has an exception in the case of brain damage to a child caused by medical malpractice; in this situation, the family has until the child turns 10 to file a related lawsuit.

This is why it’s always advisable to contact an experienced attorney as soon as possible after an injury.

Traumatic brain injury lawyers serving Las Vegas

If you or a loved one suffered a serious brain injury due to another’s negligence, you need legal representation now. At Claggett & Sykes Trial Lawyers, we bring decades of experience to the table and can put our successful track record to work for you. If we don’t win your personal injury case, you don’t pay. To find out more, set up a free initial consultation at our local Las Vegas law office. Call our team at 702-333-7777 or fill out our contact form today.