Did you suffer a brain injury in Provo, UT? Experiencing a brain injury can be a life-altering event that upends your world in an instant. A traumatic brain injury can cause physical damage. It can also disrupt relationships, careers, and emotional health.
At Parker & McConkie Personal Injury Lawyers, we understand the breadth of these challenges. Our legal team brings over 100 years of experience. We’ve helped clients recover hundreds of millions of dollars in Provo, Utah, and beyond.
Contact our Provo brain injury lawyers for a free consultation today at (801) 876-4107. Whether your brain injury came from a car accident, a fall, or negligence, we’re here to help you get the justice and compensation you deserve.
How Parker & McConkie Personal Injury Lawyers Can Help You With a Brain Injury Claim in Provo
Brain injuries are different from other injuries. They often require complex medical diagnoses, long-term care, and serious legal implications. A broken bone usually heals in weeks or months. In contrast, a brain injury can demand ongoing medical care, rehab, and therapy for a lifetime.
Our team at Parker & McConkie Personal Injury Lawyers has a lot of experience with brain injuries. Our Provo personal injury attorneys can help you with your claim by:
- Investigating the circumstances of your injury
- Review medical records
- Arrange for expert opinions and hire medical professionals
- Calculate your damages
- Handle negotiations with the insurance claim
- Take your case to court
Members of our legal team have been recognized by The National Trial Lawyers, Super Lawyers, the Multi-Million Dollar Advocates Forum, and other respectable legal organizations. We work on a contingency fee basis, which means that you will not owe us anything unless we can recover compensation for you.
Call our law office in Provo, Utah today to schedule a free consultation.
What Is My Provo Brain Injury Case Worth?
From mild cognitive difficulties to severe physical impairments, the consequences of brain injuries are wide-ranging. Because of these variations, your legal claim must be carefully tailored to capture the specific type and severity of your injury.
Ultimately, the severity of your injuries will be the most critical factor in determining the value of your claim. Other factors include ongoing treatment for your injury, the extent of your lost wages, and whether your case settles or goes to court.
What Types of Damages Can Provo Brain Injury Victims Recover?
In Utah, individuals who sustain a brain injury due to another party’s negligence can claim multiple forms of damages. They generally fall under two categories:
Economic Damages
Economic damages refer to the tangible financial losses you incur as a result of an injury. Medical bills include costs for emergency services, surgeries, hospital stays, rehab, and needed medical devices.
Lost wages are a type of economic damage. They compensate for the income you miss while recovering and unable to work. Reduced earning capacity means the future wages you could lose if your injury stops you from working.
In some cases, if personal property was damaged in the same incident, property damage costs can also be recovered. These damages are typically easy to quantify and are supported by receipts, pay stubs, and expert testimony.
Non-Economic Damages
Non-economic damages, while equally important, are more difficult to calculate. Pain and suffering include physical pain, mental distress, and less joy in life caused by the injury.
Emotional distress shows how worry, anxiety, and depression can hurt a person’s well-being. Loss of consortium is for spouses or family members of an injured person. It compensates for the loss of closeness and companionship caused by the injury.
Expert witnesses, mental health evaluations, and daily symptom logs can support these damages. Capturing both economic and non-economic damages gives you the best chance to be made “whole” again under the law.
Punitive Damages
In rare cases, victims can be awarded punitive damages for wilful, malicious, or intentionally fraudulent activity. These damages are designed to deter liable parties from committing the same offenses in the future.
What if I’m Blamed For Causing My Brain Injury in Utah?
In Utah, you can get compensation even if you’re partly at fault for the accident. However, you cannot be the primary cause of your own injury. Our lawyers can help prove that your fault is less than 50%. This will allow you to receive compensation. However, your final award will be reduced by your level of responsibility.
If your medical and economic damages add up to $500,000 and you’re 20% at fault, you’d get $400,000. If your fault exceeds 50%, you may be barred from recovery entirely. This standard means you need to work with a lawyer. They can help limit any claims that you share blame for the incident. Insurance companies often use comparative negligence rules to cut or deny payouts.
What Are Common Types of Brain Injuries?
Brain injuries can occur under a variety of circumstances, and each type presents distinct challenges. Here is a list of common types of brain injuries:
Concussions
Often considered “mild” TBIs, concussions result from blows to the head that can temporarily disrupt brain function. Symptoms may include headaches, confusion, memory problems, dizziness, and fatigue. While some concussions resolve relatively quickly, repeated or severe concussions can lead to lasting complications.
Contusions
These are bruises on the brain tissue and may involve swelling or bleeding. When contusions occur in critical areas, they can lead to long-term neurological issues. They often result from direct impacts during car accidents, sports injuries, or falls.
Penetrating Injuries
These occur when an object breaks through the skull and enters the brain tissue. Penetrating injuries can cause severe, often permanent damage involving infections, brain tissue scarring, and a range of neurological deficits.
Diffuse Axonal Injury (DAI)
This serious injury involves the tearing of the brain’s long connecting nerve fibers. It typically occurs when the head is rapidly accelerated or decelerated, such as in a high-impact car crash. DAIs can lead to prolonged unconsciousness or coma.
Anoxic or Hypoxic Brain Injuries
These happen when the brain doesn’t receive enough oxygen (anoxic) or experiences reduced oxygen flow (hypoxic). Even short periods of oxygen deprivation can lead to devastating consequences, including cognitive deficits and permanent disability.
It is important to note that recognizing the nature of a brain injury can significantly impact your legal strategy. Once you know the medical definition and potential implications, you can better assess the compensation you’ll need for treatment and ongoing care.
What Are the Symptoms of a Brain Injury?
A brain injury can impact many parts of your life. It can change how you think and feel. It may also make it harder to keep a job or maintain relationships. Victims may struggle with:
- Cognitive Deficits: Trouble with attention, memory, language, and executive skills can make it hard to work or do everyday tasks.
- Emotional and Behavioral Changes: Depression, anxiety, irritability, or impulsivity can strain personal relationships. Family members often report that their loved ones’ personalities have shifted dramatically.
- Physical Limitations: Ongoing medical care and rehab may be needed for chronic headaches, dizziness, seizures, or muscle weakness.
- Financial Hardships: Medical bills, lost income, and long-term care costs can add up fast. This could lead to debt or even bankruptcy in serious cases.
- Social Isolation: Physical and emotional barriers can make victims pull away from friends and activities they used to enjoy.
These challenges show why finding a lawyer who knows brain injury cases is important. You need a legal plan including these hidden losses and clear financial damages.
What Causes Most Brain Injuries?
A serious brain injury can alter your life in ways you never imagined. Medical bills, therapy appointments, and day-to-day challenges can overwhelm you.
Traumatic Brain Injuries (TBIs):
- Falls: Falls are a primary cause of TBIs, especially among older adults and young children.
- Motor Vehicle Accidents: Collisions involving vehicles, motorcycles, bicycles, and pedestrians commonly contribute to TBIs.
- Sports Injuries: Contact sports such as football, soccer, and hockey, particularly among youth, can result in TBIs.
- Assaults and Violence: Physical attacks, including gunshot wounds, domestic violence, and other forms of assault, are frequent causes of TBIs.
- Explosive Blasts and Combat-Related Injuries: Military personnel are especially vulnerable to TBIs caused by explosive blasts in combat zones.
Achieving a fair settlement or verdict for a brain injury claim requires meticulous planning and execution. Insurance companies often care more about their profits than making sure you get fair compensation. Recognizing and countering these tactics can help you and your attorney get a settlement that meets your needs.
How Long Do I Have to File a Brain Injury Lawsuit in Utah?
The statute of limitations for personal injury claims in Utah is typically four years from the date of injury. Once this deadline passes, the courts usually dismiss any lawsuit you file, forfeiting your right to compensation.
However, some exceptions exist:
- Discovery Rule: The clock might begin later if you were unaware of the injury or its connection to negligence.
- Minors or Individuals With Disabilities: The statute may pause until the minor turns 18 or the disability is lifted.
- Government claims: Lawsuits against government entities often have shorter filing deadlines.
Consulting with a lawyer early ensures you don’t miss critical deadlines and that crucial evidence remains intact.
Contact Our Provo Brain Injury Lawyers for a Free Consultation
Financial compensation won’t erase the harm from a brain injury, but it can help. It provides funds for medical treatment, home changes, and some stability during recovery. At Parker & McConkie Personal Injury Lawyers, our mission is clear. We make sure that negligent parties are held accountable for their actions.
Our Provo brain injury attorneys are here to help you. They will fight for you and give you a great chance to reclaim your life. Call us to schedule a free consultation.
