According to a June 2017 article in The Record-Courier, a high school student reached a milestone achievement by graduating after sustaining a traumatic brain injury, or TBI. In 2010, while attending a local Ely high school as a freshman, the now 22-year-old was attacked by another student.
The attack forced her into a coma-like state for almost three years. Doctors considered her blind. Her injury also caused a rare case of endometriosis. Endometriosis is a reproductive disorder that causes tissue that grows inside the uterus to erode a woman’s bladder, fallopian tubes, intestines, and appendix. In addition to those injuries, the 22-year-old was also unable to stand, walk, sit, or move more than a muscle. She recalled the pain being unbearable, excruciating, and immobilizing.
After the attack, her and her family moved to Gardnerville to be closer to the treatment facility. During her treatment, she worked tirelessly in therapy. Her therapy included specialized chiropractic treatment and swimming. She also had to relearn basic educational skills.
As of the date of the article, the 22-year-old high school graduate felt like she had made an 80% turn-around. She is still considered legally blind. However, she can see for short periods of time before she has to give her eyes rest. In addition, she wears bifocals and special prescription sunglass because of sensitivity to light. She is able to walk and move with less pain.
It is not known whether she filed a personal injury claim against the student who attacked her.
A Rural Nevada Traumatic Brain Injury Caused by Impact to the Head
A TBI is a head injury caused by severe damage to the brain. The movement may be a jolt, blow, bump, or other types of impact to the head. TBI symptoms may take days or weeks to appear. Minor TBI symptoms may include nausea, headache, ringing in the ears, and tiredness.
Individuals with moderate to severe TBI have symptoms that include, but are not limited to:
- Dilated eye pupils
- Repeated vomiting or nausea
- Inability to awaken from sleep
- Numbness or weakens in the arms and/or legs
- Severe headache
- Impaired judgment
- Memory loss
- Difficulty concentrating
- Changes in personality
- Loss of cognitive ability
- Limited motor skills
Every TBI is different. One person may suffer multiple symptoms and another person just one or two symptoms. Most TBIs take a long time to recover.
Types of TBIs include:
- Anoxic brain injuries
- Acquired brain injuries
- Closed head injuries
- Penetrating brain injuries
The causes of TBIs include, but are not limited to:
An intentional act such as battery or assault.
Negligence, or the failure to act as a reasonable person in the same and/or similar circumstances would. This includes causing a car accident or injury at a sporting event.
A dangerous and/or defective product is any product that injures or kills a consumer who uses it the correct way.
Whether the TBI occurred because of negligence, an intentional act, or a defective product, the injured victim can sue the at-fault party for damages.
Damages include things like:
- Medical bills
- Pain and suffering
- Lost wages
- Decreased earning capacity
Suing for Negligence in Rural Nevada for a TBI Injury
Negligence, a failure to act as a reasonable person would in the same and/or similar circumstance, is the foundation of a personal injury claim. If the lawsuit reaches trial (it could be settled prior to trial), a TBI plaintiff’s attorney will have to prove that:
The defendant, or at-fault party, had a legal duty to protect the victim from harm. For instance, a driver has a legal duty to protect pedestrians, drivers, and passengers from harm while operating a motor vehicle.The defendant breached that legal duty. This means the defendant caused an accident.
That accident injured the plaintiff. The plaintiff must show that he or she was indirectly or directly injured by the defendant’s actions. The plaintiff is owed money in the form of damages.
Attorney Brock Ohlson is Your TBI Attorney in Rural Nevada
Another individual caused your TBI. You can and will recover. You should not have to shoulder the financial responsibility of recovering from your TBI alone. Together, we will go after the individual or company that caused your TBI. Contact me today!