Recovering from a traumatic brain injury (TBI) often involves significant expenses. One study found that the annual healthcare costs of non-fatal TBIs nationwide are over $40 billion. Accident victims who have suffered TBIs may face a challenging and uncertain road to recovery, with no promises about whether they will regain physical and cognitive skills or how they will afford medical care and rehabilitation, especially if they cannot work.
In Utah, you could be entitled to compensation if someone else is responsible for the accident that led to your TBI. Obtaining full and fair compensation from an insurance company or other party can be challenging without the help of an experienced attorney. A TBI lawyer from Swenson & Shelley can help you maximize the compensation you need for your ongoing and future care.
Our trusted legal team focuses exclusively on serious injury cases and has a track record of obtaining multi-million-dollar results for our clients. Contact our office today for a free initial case review with a proven traumatic brain injury lawyer.
Understanding Traumatic Brain Injuries (TBIs)
A traumatic brain injury refers to any physical damage to the brain or disruption of normal brain function caused by an external force or blows to the head. While mild traumatic brain injuries may result in temporary impairment, moderate and severe TBIs can have long-term or permanent complications, such as:
Physical disabilitiesIncluding loss of mobility or fine motor skills, paralysis, numbness, or vision and hearing loss
Cognitive and executive functioning difficultiesSuch as memory problems, learning disabilities, or trouble with problem-solving and decision-making
Communication deficitsIncluding difficulty speaking, writing, understanding spoken or written language, and exercising appropriate social skills
Behavioral changes Like irritability, outbursts, lack of self-control, or risk-taking behavior
Emotional difficulties Such as depression, anxiety, or mood swings
NeuropathySuch as an inability to regulate body temperature
Consciousness disorders Such as coma or vegetative state
Increased risk for certain degenerative brain diseasesIncluding dementia pugilistica or chronic traumatic encephalopathy (CTE)
A motor vehicle crash and other accidents can result in traumatic brain injuries in various ways. A car accident victim might strike their head on the dashboard or steering wheel, causing a TBI. The force of a collision may also cause a person’s body or head to jerk or twist rapidly, leading to a shearing effect that can cause a diffuse axonal injury. Debris or shrapnel from the crash may also penetrate a car accident victim’s skull and damage delicate brain tissues.
After a car crash, motorists should see a doctor to rule out brain injuries. However, TBIs do not always appear on imaging scans right away. Seek immediate medical attention if you experience headaches, nausea, vomiting, dizziness, confusion, memory or concentration problems, and insomnia. Persistent or worsening symptoms may indicate a more severe injury. Promptly recognizing the symptoms of a TBI and getting immediate medical treatment can improve your prognosis and strengthen a future legal claim.
A person who has suffered a TBI may require immediate medical care, including surgery to repair damage or reduce swelling and hospitalization to ensure the brain receives adequate oxygen and does not suffer further trauma. Once a TBI stabilizes, recovery shifts to rehabilitation to help patients relearn skills to perform daily activities and encourage them to resume an independent, productive life.
Depending on the severity of a traumatic brain injury, a survivor may experience various health complications during treatment and recovery. Physical impairments caused by a TBI may require individuals to undergo physical, occupational, and speech therapy to relearn skills lost due to the injury.
Sometimes, a TBI may result in permanent physical or cognitive disabilities. The medical recovery process and coming to terms with the permanent effects of a traumatic brain injury can cause intense emotional distress and suffering for accident victims, especially if they can no longer live independently and must rely on others for caregiving.
Seeking Compensation Through a TBI Settlement
After suffering a traumatic brain injury in a car accident, you might pursue compensation for your losses through a TBI settlement, which could include money for the following:
Medical treatment and rehabilitation expenses
Long-term care and support costs to help with permanent physical or cognitive impairments
Loss of income
Reduced earning capacity or loss of employment benefits
Physical pain and anguish
Emotional trauma, distress, and suffering
Reduced enjoyment and quality of life
Reduced life expectancy
A traumatic brain injury attorney can help you pursue compensation through a negotiated settlement with the at-fault driver or their insurer. Although most car accident claims settle, when liable parties and insurers refuse to pay fair compensation for a car accident victim’s life-altering traumatic brain injury, a TBI lawyer can advocate for their client’s rights in court and at trial, if necessary.
Utah’s Legal Landscape for a TBI Claim
In Utah, you might be entitled to pursue compensation for losses you incur due to a traumatic brain injury in a motor vehicle accident caused by another driver. All motorists have a legal duty to obey traffic laws and drive carefully. When a driver breaches this duty and causes harm to another driver or a bystander, the injured party can seek financial relief for their losses. However, they must first go through Utah’s no-fault insurance system.
In Utah, every driver must maintain at least $3,000 in no-fault insurance, which covers the following parties in the event of an accident:
The policyholder or anyone legally operating their vehicle
Any passengers in the driver’s vehicle
Any pedestrian the vehicle hits
No-fault insurance aims to expedite accident claims and reduce insurance administrative costs and the number of personal injury cases that go to court. Anyone injured in a car accident must first file a claim with the relevant no-fault insurance policy before filing a third-party liability insurance claim or lawsuit, which they can only do if they can show they suffered an injury that meets certain criteria. These criteria include:
Permanent disability, impairment, or disfigurement
Furthermore, injured parties should familiarize themselves with the statutory deadline for personal injury cases. Under Utah’s statute of limitations, you have four years to file a lawsuit after suffering a TBI in a car accident. Any lawsuit filed after the four-year deadline risks dismissal, so consult a TBI attorney immediately to protect your rights.
Frequently Asked Car Accident Questions
If you or someone close to you suffered a traumatic brain injury (TBI) someone else caused, you likely have questions about pursuing compensation from the responsible party. A TBI can leave victims with long-term complications, including physical or cognitive impairments, emotional and behavioral changes, and lifelong disabilities. Injury victims often face a long road of recovery that can include hospitalization, multiple surgeries, rehabilitation, and round-the-clock home health care.
The experienced lawyers at Swenson & Shelley advocate for the rights and future of injured people throughout Utah. Our dedicated legal team will work quickly to investigate the accident that led to your injury to identify the party(s) liable for your losses. We’ll aggressively pursue the financial resources you need to move forward in life, either through a negotiated insurance settlement or by taking your case to trial to demand justice.
If you have more questions about your legal rights, contact Swenson & Shelley for a free consultation with a skilled TBI lawyer.
A traumatic brain injury results from physical damage to brain tissue or a head blow that alters brain function. A TBI may occur from a traumatic force on a person’s body or an object penetrating the skull. A mild traumatic brain injury may only cause symptoms that last a few days or weeks. Moderate to severe traumatic brain injuries can have long-term or permanent effects on a person’s emotions, behavior, or physical and cognitive functioning.
A motor vehicle accident may cause occupants to suffer traumatic brain injuries in various ways. Getting jostled around in a crash can cause a TBI as the brain impacts the inside of the skull. Jerking of the head or body can impart twisting forces on the brain that damages neurons and causes a diffuse axonal injury. Finally, debris or shrapnel from a crash can penetrate a car accident victim’s head, break the skull, and cause physical trauma to brain tissue.
Symptoms of traumatic brain injuries vary depending on the type and severity of the injury. Mild brain injuries, also known as concussions, can cause symptoms such as headache, nausea/vomiting, dizziness, mild confusion, sensitivity to light/sound, and altered senses such as double vision or ringing in the ears. Moderate to severe traumatic brain injury can cause more severe symptoms, including loss of consciousness, persistent vomiting, convulsions/seizures, clear fluids draining from the nose or ears, loss of coordination, profound confusion, slurred speech, and weakness or numbness in hands and feet.
A person who has suffered a traumatic brain injury that was someone else’s fault may have the right to pursue a legal claim to recover compensation for their past, current, and future losses. Their eligibility to file will depend on the circumstances of the crash and state law.
A personal injury attorney can help a TBI victim by determining if they have a viable legal claim against another party to pursue compensation. A TBI attorney from Swenson & Shelley will help you by:
Investigating the incident
Identifying who could be held liable
Explaining all legal options
Filing insurance claims or a TBI lawsuit (if necessary)
Documenting your losses and working with experts to estimate your future anticipated needs
Communicating with insurance adjusters, defense lawyers, and bill collectors on your behalf
Negotiating aggressively for the compensation you deserve
If you think you suffered a TBI in a motor vehicle accident, the steps you need to take to protect your health and rights include:
Seek prompt medical attention.
Follow your healthcare provider’s treatment plan.
Keep copies of all bills, invoices, and receipts of your crash-related expenses.
Gather copies of your income records if you cannot work because of your injury.
Start a journal to document the TBI’s impact on your life.
First, consult a TBI attorney to determine whether you have a viable legal case. Your lawyer will investigate the cause of your injury, secure evidence for your claim, and identify who might be legally responsible for your losses. Your lawyer may also work with expert witnesses to obtain testimony regarding fault for your injuries or the extent of your physical and financial losses. Finally, your attorney will fight for maximum compensation through an insurance settlement or TBI lawsuit.
A traumatic brain injury victim could be eligible for compensation for their:
Medical treatment and rehabilitation
Long-term care and support for physical or cognitive impairments
Lost wages or future earning capacity
Emotional trauma or distress
Loss of enjoyment or quality of life
Reduced life expectancy
At Swenson & Shelley, our legal team helps TBI victims obtain compensation by investigating who may bear responsibility for their injury. Because our attorneys focus exclusively on severe injury claims, we have the experience and commitment to pursue your claim thoroughly. We prepare every case as if it is going to trial. That way, we can pivot quickly if settlement negotiations break down.
Use the free initial consultations offered by personal injury lawyers to find the best TBI lawyer for you. Ask about the lawyer’s background, experience handling traumatic brain injury cases, track record, and availability to handle your claim. You’re looking for an attorney with the skills and resources to manage your case and with whom you can work effectively.
Recovering the compensation that a TBI victim needs takes considerable time and effort. Not every law firm has the resources, experience, and capacity to handle a TBI claim. Swenson & Shelley has a history of obtaining top-dollar results for the wrongfully injured throughout Utah. We leave no stone unturned as we build your case and fight for the money you need to move on.
Because we focus on catastrophic injury cases, Swenson & Shelley has access to top experts and state-of-the-art technology to build persuasive TBI claims for maximum compensation. Our attorneys provide straightforward advice to help you understand your legal rights and how we can assist you. We make ourselves available 24/7 to take of your needs, whether that means connecting you with specialized medical care or dealing with persistent bill collectors who hassle you for money while you should be recovering from your injuries.
Choosing the Right Legal Support After TBI
Recovering from a TBI can be challenging and frustrating. You deserve a dedicated, compassionate attorney to provide hard-hitting legal representation throughout the healing process. A law firm that focuses on helping people who have suffered catastrophic injuries will have the knowledge and experience to provide legal advice tailored to your needs and goals. The right law firm will also have the resources to gather crucial evidence, including expert testimony, to build a robust TBI claim for you.
How We Can Help
At Swenson & Shelley, our TBI lawyers have a proven track record of securing financial compensation for clients who have suffered traumatic brain injuries, including multiple six- and seven-figure settlements and verdicts in brain injury and motor vehicle accident cases. When you turn to us for help after a catastrophic brain injury, you can expect personalized attention and sympathetic support from our attorneys and staff. We can help you by:
Providing honest, straightforward advice about your legal options
Offering 24/7 availability to answer your questions
Investigating the accident that caused your traumatic brain injury and gathering crucial evidence to support your claim
Identifying all potentially liable parties
Using our experience, knowledge, and skills to craft a case that withstands the toughest challenges from insurance companies and defense lawyers
Taking your case to trial, if necessary, to seek maximum compensation for you
Only charging you a fee if we win compensation for you
Contact a Utah Traumatic Brain Injury Lawyer at Swenson & Shelley Today
Life after a traumatic brain injury may never be the same. But if someone else’s negligence caused your injury, the TBI lawyers at Swenson & Shelley can help you demand justice and accountability. Contact us now for a free case evaluation. There’s no obligation, so there’s nothing to lose by getting free legal advice.