Maximizing Compensation for Traumatic Brain Injuries in Nevada

by Gina Corena

Last Updated on September 28,2023

Maximizing Compensation for Traumatic Brain Injuries in Nevada

An incident involving an elderly woman allegedly sustaining a brain injury after being pushed by a firefighter has come to light. The woman, 84-year-old Maureen Hvegholm, was reportedly involved in a disagreement over her habit of leaving food and water for stray cats near a fire station in Sparks, Nevada. The dispute occurred with firefighter Timothy Egan, who was seen on security cameras taking the food and water bowls shortly after Hvegholm had set them down.

The video shows an escalating argument, during which Hvegholm attempts to regain the bowls and fend off Egan. The situation took a severe turn when Egan is purportedly seen pushing Hvegholm to the ground, causing her to vanish from view.

After incidents like these, the victims are often left with the daunting task of seeking legal redress. While it’s tragic to see someone experience such harm, it’s vital to understand the different avenues available for compensation. For instance, if someone gets hurt due to a defective product, they can potentially file a personal injury claim. Similarly, injuries as grave as brain damages or even severe burns have their own set of legal considerations and potential claims.

Hvegholm is later seen rising and leaving the scene. Her family reported that she came home with a significant swelling on her forehead and was subsequently diagnosed with a traumatic brain injury. A lawsuit was filed against Egan on March 29 in Washoe County, Nevada, accusing him of using excessive force.

Traumatic brain injuries (TBIs) occur when a sudden event damages the brain. These injuries can be the result of accidents, like falls or car crashes, or violent acts, like assaults. TBIs are categorized into mild, moderate, and severe, based on the extent of the damage. Mild TBIs, commonly known as concussions, may cause temporary confusion and headaches. Moderate and severe TBIs can result in prolonged unconsciousness, memory loss, and physical impairment. It’s important to note that even ‘mild’ injuries can have serious, long-lasting effects. Understanding the basics of TBIs aids in recognizing the severity of these injuries and the impact they can have on a person’s life.

How Nevada Law Defines and Addresses Traumatic Brain Injuries

In Nevada, traumatic brain injuries (TBIs) are considered a significant public health issue. The state defines a TBI as an injury to the brain from an external force, leading to a diminished or altered state of consciousness. This definition encompasses a broad range of injuries, from mild concussions to severe brain damage. Nevada law emphasizes prevention, education, and provides services to aid TBI victims. State programs aim to minimize the impact of TBIs, help survivors regain independence, and reduce the risk of future injuries. Laws in Nevada also give TBI victims the right to seek compensation for damages, as long as they adhere to certain rules and deadlines.

Establishing Liability in Traumatic Brain Injury Cases

When a traumatic brain injury (TBI) occurs, one of the key questions is who is responsible. In legal terms, this is called establishing liability. Typically, liability is proven by showing that someone acted negligently or recklessly, and that these actions directly caused the injury. For example, if a person suffers a TBI in a car accident, evidence like traffic camera footage or eyewitness statements can be used to show that another driver was at fault. Similarly, if a TBI happens due to a fall in a poorly maintained building, evidence like photos or maintenance records can be used to establish the building owner’s liability. 

Documenting Your Injury: The Role of Medical Records in Your Case

Medical records are a crucial element in a traumatic brain injury (TBI) claim. They offer detailed information about the injury, its severity, and the treatments provided. These records can include doctors’ notes, hospital records, imaging studies like MRIs or CT scans, and reports from any surgeries. This documentation can provide a timeline showing how the injury happened and its effect on the individual’s life. In addition, records of ongoing treatment can demonstrate the injury’s lasting impact. Therefore, it is essential to keep all medical records organized and accessible.

Assessing Damages: Economic and Non-Economic Compensation

When a person suffers a traumatic brain injury (TBI), they may be entitled to different types of compensation under Nevada law. Economic damages cover tangible costs, like medical bills, therapy expenses, and lost wages. These are relatively straightforward to calculate based on bills and income records. On the other hand, non-economic damages are compensation for things that aren’t easily quantifiable, like pain and suffering, loss of enjoyment of life, or mental anguish. It’s harder to put a number on these kinds of damages, but they are often an essential part of a TBI claim, as they reflect the true impact of the injury on a person’s life.

The Role of Expert Witnesses in Traumatic Brain Injury Cases

In traumatic brain injury (TBI) cases, expert witnesses can provide valuable insight. They are professionals, often with medical or scientific backgrounds, who can explain complex information in a clear way. For example, a neurologist could explain how the injury occurred and its likely long-term effects. A vocational expert might detail how the injury affects a person’s ability to work, while an economist could outline the financial impact of the injury. By helping a judge or jury understand the full extent of the injury, expert witnesses can play a key role in determining the outcome of a TBI claim. They bring expertise to bear on the complexities of these cases, making them easier to understand for non-experts.

Navigating Insurance Companies: Tips and Tricks

Dealing with insurance companies after a traumatic brain injury (TBI) can be tricky. It’s important to remember that insurers often aim to minimize payouts. They might rush the claimant to accept a quick settlement that’s lower than what they could potentially receive. It’s crucial to read all documents carefully before signing and to avoid making any definitive statements about the injury before its full extent is known. Keep records of all interactions and correspondences with the insurance company. Also, do not be discouraged by initial low offers; it’s part of the negotiation process. Patience and persistence can be valuable assets when dealing with insurance companies in a TBI case.

The Impact of Nevada’s Statute of Limitations on Your Traumatic Brain Injury Claim

Traumatic Brain Injury Law

In Nevada, there’s a specific time limit, known as the statute of limitations, for filing a claim after a traumatic brain injury (TBI). Generally, there is two years from the date of the injury to file a lawsuit. If this deadline is missed, the victim may lose the right to pursue compensation, regardless of the injury’s severity. There are a few exceptions to this rule, but they are quite limited. It’s vital to understand these time constraints and act accordingly. Keeping a close eye on the calendar can help ensure the opportunity to seek compensation after a TBI.

If you have suffered a traumatic brain injury, call 702-680-1111 or contact our experienced legal team today, and we will work to get the compensation you deserve. 

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