Traumatic brain injuries are among the most life-altering injuries a person can suffer. Beyond the medical bills and lost income, there’s the part that doesn’t show up on a receipt: the headaches that won’t go away, the personality changes, the inability to do things you once did without a second thought. Nevada law recognizes these losses as compensable, and they fall under the category of non-economic damages. Pain and suffering encompasses:
- Physical pain, both ongoing and future
- Emotional distress and psychological trauma
- Loss of enjoyment of life
- Cognitive impairment affecting daily function
- Strain on personal and family relationships
These damages can equal or even exceed the economic losses in a serious TBI case. They are also the hardest to quantify, which is why how they are calculated matters so much.
How Nevada Calculates Non-Economic Damages
Nevada does not cap non-economic damages in most personal injury cases, which gives TBI victims a meaningful opportunity to pursue full compensation. Two methods are commonly used to calculate pain and suffering:
The Multiplier Method takes the total economic damages, such as medical bills and lost wages, and multiplies them by a number typically between 1.5 and 5, depending on injury severity.
The Per Diem Method assigns a daily dollar value to your suffering and multiplies it by the number of days you have lived with the injury.
Neither method is guaranteed. The amount an insurance company or jury awards depends heavily on the evidence presented, the credibility of the victim, and the quality of the legal argument made on their behalf.
What Strengthens a TBI Pain and Suffering Claim
Documentation is everything. The more thoroughly your injuries are recorded, the harder it becomes for an insurance company to minimize your claim. Strong cases typically include:
- Consistent medical records from neurologists and treating physicians
- Neuropsychological evaluations showing cognitive impact
- A personal injury journal documenting daily symptoms and limitations
- Testimony from family members describing behavioral or personality changes
- Medical opinions directly connecting the accident to the brain injury
One of the more overlooked pieces of evidence is testimony from people close to the victim. A spouse or parent describing how the injured person changed after the accident can be more persuasive to a jury than any spreadsheet.
The Role of Liability in Your TBI Compensation
Pain and suffering damages only come into play once liability is established. Nevada follows a modified comparative negligence rule. If you are found to be 50% or more at fault for the accident, you cannot recover damages at all. Below that threshold, your award is reduced by your percentage of fault.
Nevada’s comparative fault statute directly affects how much a TBI victim can recover, and it’s not a concept to sort out alone. A Showboat TBI lawyer can help establish liability, gather the right evidence, and present your pain and suffering damages in a way that reflects their true impact on your life.
Working With an Attorney Who Understands TBI Cases
Brain injury claims require a specific understanding of how these injuries progress, how they affect daily function, and how to translate those effects into a compelling legal argument. Not every personal injury attorney handles TBI cases with the same depth.
The Galliher Law Firm has represented injured Nevadans for over 50 years, including victims with traumatic brain injuries who deserve more than a rushed settlement offer. If you or someone close to you suffered a brain injury in an accident, reach out to a Showboat TBI lawyer at our firm today to discuss what your claim may be worth and what your next steps should be.
