A traumatic brain injury is one of those injuries that doesn’t always announce itself. Someone walks away from a crash or a fall feeling shaken but “okay,” and it’s days — sometimes weeks — before the headaches, the memory gaps, the mood changes, or the trouble concentrating make it clear something is seriously wrong. By then, the injury has often reshaped everything: work, relationships, independence.
If you or someone you love suffered a brain injury because of another person’s negligence in Nevada, here’s what you need to know about protecting your rights.
Why TBIs are different from other injuries
A broken bone heals on a predictable timeline. A brain injury doesn’t. TBIs range from concussions to severe, permanent damage, and their effects can be physical, cognitive, and emotional all at once. Two things make these cases legally distinct:
Symptoms are often delayed. Adrenaline and the brain’s own resilience can mask a serious injury at first. That’s why prompt medical evaluation after any head impact isn’t just smart medicine — it creates the record that links your injury to the accident. A gap in treatment is one of the first things an insurer will use to argue you weren’t really hurt.
The long-term costs are enormous. Serious TBIs can mean ongoing therapy, cognitive rehabilitation, lost earning capacity, and a lifetime of care. Valuing these claims means looking far past the first hospital bill.
How TBIs happen in Las Vegas
Most of the brain injury cases we see trace back to the same causes:
- Car, truck, and motorcycle crashes
- Bicycle and pedestrian accidents — often the most severe, with no protection between the person and the vehicle
- Slip and falls, and falls at casinos, hotels, and other properties
- Being struck by falling objects
What you can recover
A TBI claim in Nevada follows the same framework as other personal injury cases, but the numbers are usually much larger because the harm runs so deep. You can generally pursue:
- Economic damages — medical bills, future medical and rehabilitation costs, lost wages, and lost earning capacity
- Non-economic damages — pain and suffering, emotional distress, cognitive and personality changes, and loss of enjoyment of life
Importantly, Nevada does not cap non-economic damages in standard personal injury cases, which matters enormously for TBIs — so much of the harm is in the non-economic column. Our post on understanding compensation breaks the categories down.
One principle worth knowing: under the long-standing “eggshell plaintiff” rule, a defendant is responsible for the full extent of the harm they cause — even if a particular victim was more vulnerable to serious injury than the average person. Insurers sometimes argue a client was “predisposed” to their symptoms; that argument generally doesn’t let a negligent party off the hook.
Proving a brain injury
TBIs can be harder to prove than a fracture that shows up cleanly on an X-ray, which is exactly why insurers fight them. Strong TBI claims are built on thorough medical documentation — imaging, neuropsychological testing, treating-physician opinions — along with accounts from family and coworkers about how the person has changed. Building that evidence early and completely is a big part of what a lawyer does in these cases.
Comparative fault and the deadline
As in any Nevada claim, the insurer will look to shift blame; under NRS 41.141, your recovery drops by your share of fault and disappears past 50%. And you generally have two years from the injury to file under NRS 11.190 — less against a government entity. Given how TBI symptoms can surface late, it’s worth talking to a lawyer sooner rather than later. See our statute of limitations guide for the specifics.
How Marathon Law Group helps
Brain injury cases demand careful medical proof and a full accounting of long-term costs — the kind of work that’s easy to underdo on your own, and easy for an insurer to exploit. We handle brain injury claims throughout Las Vegas and Clark County, building the medical and financial picture that reflects the true impact of the injury. We work on contingency, so there’s no fee unless we recover for you.
If you or a loved one suffered a brain injury, contact us for a free consultation.
Call (702) 522-1808. Se habla español.
Frequently asked questions
Why should I see a doctor if I feel fine after hitting my head? Because TBI symptoms are frequently delayed. Prompt evaluation protects your health and creates the medical record that ties your injury to the accident.
Are brain injury settlements larger than other injury claims? They often are, because the long-term medical costs and life impact are so significant — but that also means insurers fight them harder.
How long do I have to file a TBI claim in Nevada? Generally two years from the date of injury under NRS 11.190, and less for claims against government entities.
This article is general information about Nevada law, not legal or medical advice. Every case turns on its facts — talk to an attorney about yours.