You generally have two years from the date of the injury under NRS 11.190. Missing that deadline usually means losing your right to compensation entirely, even if your symptoms are still developing.
Suffered a Brain Injury in Las Vegas? We Can Help.
A brain injury changes your life permanently. Nevada law lets you recover the full lifetime cost, not just this week’s bills.
A brain injury claim in Nevada is built on the same negligence principle as any personal injury case: someone owed you a duty of care, broke it, and caused your injury. What’s different is the size of the claim. Nevada law lets you recover not just today’s medical bills but every future cost the injury creates, including ongoing treatment, lost earning capacity, and home care for the rest of your life.
Brain injuries happen in car accidents on I-15, US-95, and the I-515 corridor, in motorcycle and pedestrian collisions, in falls at Las Vegas hotels and casinos, and on construction sites across the valley. Symptoms do not always show up at the scene. A concussion can look fine on a CT scan and still cost someone their job six months later when the headaches and memory gaps have not gone away. We treat every head injury as the serious medical and legal event it is, even when the first emergency room visit looks routine.
Get The Win Injury Lawyers represents brain injury victims across Clark County on a contingency fee basis. You pay nothing unless we win. Call (702) 867-8900 for a free consultation available 24 hours a day, 7 days a week.
Available 24/7 | We Come to You | No Upfront Costs
Can I Still Recover Compensation If I Was Partly at Fault?
Comparative fault fights come up more often in brain injury cases than almost any other claim type, because the dollar amounts at stake give the defense a real incentive to argue over every percentage point. Nevada’s rule under NRS 41.141 sets the line at 50 percent. Cross it and you recover nothing. Stay at or under it and your damages are reduced by your share of the fault, not eliminated.
Picture a pedestrian struck while crossing near Flamingo and Las Vegas Boulevard by a driver who ran the light. The driver’s insurer will likely argue the pedestrian should have walked to the crosswalk a block away, trying to shift 20 or 30 percent of the blame onto the victim. On $400,000 in damages with 25 percent assigned to the pedestrian, the recovery is $300,000. Push that number to 51 percent and the same case pays nothing.
This is why the evidence fight matters so much in brain injury claims specifically. We pull traffic camera footage, accident reconstruction, and witness statements early, before the other side has time to build a fault narrative that pins more blame on you than the facts actually support.
What Should I Do After a Head Injury?
The steps you take in the first day after a head injury affect both your health and what your case is worth. Symptoms often appear hours or days later, and the medical record you create now is the strongest evidence you will have.
Acting quickly protects both your health and your case. Witness memories fade, surveillance footage gets overwritten, and an offhand comment to an adjuster can follow you through the entire claim. Call us early and we start building your case while the evidence is still there to find.
Types of Brain Injuries We Handle in Las Vegas
Doctors classify traumatic brain injury by severity and mechanism, and the type of injury affects both your treatment and what your case is worth. We’ve handled cases across the full range, from concussions that disrupted someone’s career to severe injuries requiring lifetime care.
Concussion and Mild TBI
Often dismissed as minor, a concussion can still cause weeks or months of headaches, memory problems, light sensitivity, and trouble concentrating at work. Insurance companies routinely undervalue these claims because a standard CT scan often comes back normal, even though the symptoms are real.
Moderate Traumatic Brain Injury
Involves longer loss of consciousness and measurable damage visible on imaging. Recovery is unpredictable and often includes lasting changes to memory, mood, or coordination that affect daily life and work for months or years.
Severe Traumatic Brain Injury
Involves extended unconsciousness, significant brain damage, and a high likelihood of permanent disability. These cases require a full life care plan covering decades of medical care, therapy, and in some cases full time attendant care.
Diffuse Axonal Injury
Caused by violent shaking or rotation of the head, common in high speed car accidents. Nerve fibers throughout the brain tear, which can cause widespread damage even when there is no direct impact to the skull.
Secondary Brain Injury
Swelling, bleeding, or reduced oxygen following the initial impact can cause damage that develops over hours or days. This is why any head injury, even one that seems mild at first, needs same day medical evaluation.
Penetrating Brain Injury
Caused by an object breaking through the skull, including some construction accidents and assaults. These are catastrophic injuries that almost always require emergency neurosurgery and extensive long term care.
Whatever type of brain injury you’re dealing with, the legal question is the same: did someone else’s negligence put you in that position. Call us at (702) 867-8900 if you were hurt in Las Vegas, Henderson, or anywhere in Clark County.
Nevada Law and Your Brain Injury Rights
The statutes below come up in nearly every brain injury claim we handle. Missing any one of them can shrink or sink a case that would otherwise be strong.
You Have Two Years to File, With One Exception for Minors
Under NRS 11.190, you have two years from the date of your injury to file a lawsuit in Nevada. That deadline does not wait for your symptoms to fully resolve or your treatment to finish. Important note: under NRS 11.250, that clock pauses for minors until they turn 18, giving them until age 20 to file.
Comparative Negligence Gets More Complicated With Multiple Defendants
Brain injury cases often involve more than one defendant, for example a distracted driver and a city that failed to maintain a malfunctioning crosswalk signal. NRS 41.141 measures your fault against the combined fault of every defendant, not each one individually, which works in your favor. If you were 30 percent at fault but the two defendants together account for the other 70 percent, you can still recover, even though neither defendant alone was more at fault than you.
Punitive Damages for Especially Reckless Conduct
In cases involving a drunk driver, a property owner who ignored a known hazard, or other especially reckless conduct, Nevada law allows punitive damages under NRS 42.005 on top of your compensatory award. These damages are generally capped at three times your compensatory damages, or $300,000 if your compensatory damages are under $100,000, but Nevada removes that cap entirely in DUI cases, which makes drunk driving one of the few situations where punitive damages can run far higher. Brain injury lawsuits filed in Clark County District Court can also include prejudgment interest under NRS 17.130 once a case is established, which adds meaningfully to a final award in a case that takes years to resolve.
Compensation You Can Recover in a Nevada Brain Injury Case
Nevada law allows brain injury victims to pursue the following categories of damages. For brain injuries specifically, the life care plan, not the emergency room bill, is usually what drives the total value of the case.
Medical Expenses
A brain injury rarely ends with the hospital discharge. Emergency treatment, neurosurgery, inpatient rehabilitation, ongoing therapy, medication, and any future care your treating physicians and a vocational expert build into a life care plan all count toward your claim. Nevada courts require future medical costs to be backed by expert testimony, not guesswork.
Lost Wages and Earning Capacity
The wage loss in a brain injury case usually has two parts. There’s the paycheck you missed during recovery, and there’s the harder number: the gap between what you used to earn and what you can realistically earn now if the injury limits your ability to return to your prior occupation. A vocational expert typically has to document that second figure for it to hold up.
Pain and Suffering
For brain injuries, this category often covers more than physical pain: cognitive frustration from a memory that no longer works the way it used to, anxiety about whether symptoms will ever fully clear, and grief over hobbies or work you can no longer manage the way you once did. Nevada places no dollar cap on these damages in ordinary personal injury cases, so a serious, well-documented brain injury can justify a substantial award.
Loss of Consortium
A spouse can bring a separate claim if the injury has changed the relationship itself, not just the household budget. Personality shifts, irritability, or a loss of shared activities after a brain injury fall into this category. If the conduct that caused the injury was especially reckless, punitive damages may also be available under NRS 42.005, on top of whatever the loss of consortium claim is worth on its own.
Out-of-Pocket Expenses
Cognitive and physical limitations after a brain injury create costs that never show up on a hospital bill. That can include retrofitting a bathroom for someone with balance problems, mileage to specialist appointments that are often booked weeks apart, or paying someone to do tasks you used to handle yourself, like cooking or driving the kids to school. Keep receipts for anything that traces back to the injury.
Property Damage
Whatever was damaged in the same incident that caused your brain injury, a vehicle, a phone, a helmet, prescription glasses, gets folded into the same claim rather than handled separately. Photograph the damage and hold onto receipts or repair estimates before anything gets thrown out or repaired.
Brain Injury in Las Vegas: The Numbers
Traumatic brain injury is far more common than most people realize, and the leading causes are the same crash types and falls we see across Clark County every week. The figures below come from the Centers for Disease Control and Prevention.
Falls: 35% of all traumatic brain injuries in the US, the single largest cause nationally, according to the CDC.
Motor vehicle crashes: 17% of traumatic brain injuries, the second leading cause.
Struck by or against an object: 17% of traumatic brain injuries, including falling objects and collisions.
At Get The Win Injury Lawyers, we’ve built life care plans for brain injury cases ranging from concussions that ended a career to severe injuries requiring lifetime care. We know the local courts, the insurance companies that cover the major carriers operating in Nevada, and the tactics used to minimize payouts.
Client Testimonials
We prioritize client satisfaction from the first consultation to the final case resolution. And our Las Vegas personal injury attorneys have earned 5-star client satisfaction, with glowing testimonials from injured clients across Nevada. We prioritize client satisfaction from the first consultation to the final.
Frequently asked questions about brain injury cases in Nevada
How long do I have to file a brain injury lawsuit in Nevada?
What if my brain injury seemed mild at first but got worse?
This happens often with concussions. Nevada law still measures your deadline from the date of the injury, not the date symptoms worsened, so it’s worth talking to us early even if your first diagnosis sounded minor.
Can I still recover money if I was partly at fault for the accident?
Yes, as long as a jury finds you 50 percent or less at fault under Nevada’s comparative negligence law, NRS 41.141. Your award gets reduced by your percentage of fault, but you’re not shut out of compensation entirely.
How long does a slip and fall case take in Las Vegas?
It depends on the severity of the injury and the strength of your life care plan, which prices out future medical care and lost earning capacity. Cases with documented permanent cognitive or physical effects generally settle for more than cases with full recovery within weeks.
Will insurance pay for a brain injury that doesn't show up on a CT scan?
A normal CT scan doesn’t mean there’s no injury. Insurers often use a clean scan to argue the injury isn’t real, which is exactly why we use neuropsychological testing and treating physician records to document symptoms that imaging alone can’t show.
What is a life care plan and why does my case need one?
A life care plan is a detailed projection of every medical and personal cost your injury is likely to cause for the rest of your life, built with input from your doctors and a vocational expert. Without one, you risk settling for only what you’ve spent so far, not what the injury actually costs you going forward.
Can I sue if the brain injury happened at work?
You may have a workers compensation claim and a separate personal injury claim if a third party, like a negligent driver or contractor, caused the injury. We can evaluate whether both apply to your situation.
What if the person who caused my brain injury was drunk?
Nevada allows punitive damages under NRS 42.005 in cases involving especially reckless conduct, which can include drunk driving. Punitive damages are usually capped at three times your compensatory damages, but Nevada removes that cap entirely in DUI cases, so a drunk driving case can result in a larger punitive award than most other types of claims.
How long does a brain injury lawsuit take in Las Vegas?
Straightforward cases with clear liability can resolve in under a year. Cases involving permanent injury, multiple defendants, or a trial in Clark County District Court often take eighteen months to two years or more, since we won’t settle before your prognosis is clear.
Do I need a lawyer for a mild concussion?
If the concussion fully resolves in a week or two with no lost income, you may not need one. If you’re still dealing with headaches, memory issues, or missed work a month later, talk to us before you accept any settlement offer from an insurance company.
Informative Slip and Fall Articles
Areas We Cover
Serving accident victims throughout Southern Nevada, we provide dedicated legal representation to clients in communities across the region. No matter where your accident occurred, you have access to experienced local accident attorneys who know Nevada law and procedure. Below are just some of the cities and neighborhoods we service nearby:
- Angel Park
- Blue Diamond
- Boulder City
- Centennial Hills
- Charleston Heights
- CityCenter
- Desert Shores
- Downtown Las Vegas
- Downtown South
- East Las Vegas
- Enterprise
- Kyle Canyon
- Henderson
- Lake Las Vegas
- Las Vegas
- Lone Mountain
- Harry Reid International Airport
- North Las Vegas
- Northwest Las Vegas
- Paradise
- Rhodes Ranch
- Southern Highlands
- Spring Valley
- Summerlin
- Summerlin South
- Summerlin West
- Sunrise Manor
- Sun City Summerlin
- The Lakes
- The Pueblo
- The Springs
- West Las Vegas
- Whitney
- Winchester
Results & track record
Nevada
born and bred
Trusted
and reviewed
99.9%
satisfaction
Proven
trial lawyers
Awards & Associations
