A brain injury can change the course of a person's life in ways that are difficult to predict during the days and weeks after an accident. While some people recover relatively quickly, others face challenges that affect their ability to work, manage daily responsibilities, maintain relationships, or enjoy the activities that once enriched their lives.
If someone else's negligence caused your injury, Utah law may allow you to pursue compensation for the financial and personal losses you’ve suffered. At Parker & McConkie, our Utah brain injury lawyers represent individuals and families throughout Utah who are dealing with the lasting effects of traumatic brain injuries.
Whether the injury resulted from a car accident on I-15, a fall on dangerous property, a trucking collision, a construction site accident, or another preventable event, the consequences often extend far beyond the initial medical treatment. Our attorneys understand the legal, financial, and practical challenges these cases present, and we work to hold negligent parties accountable for the life-altering harm they cause.
Call (801) 845-0440 to schedule a free consultation with a Utah brain injury lawyer to learn more about your legal options.
Why You Should Choose Parker & McConkie for Your Utah Brain Injury Case
Brain injury claims often involve higher stakes than many other personal injury cases. The long-term effects may not be fully understood for months, and the financial consequences can continue for years. Successfully handling these cases requires thorough preparation, solid evidence, and a willingness to pursue every available avenue for recovery.
The team at Parker & McConkie has represented injured Utah residents for more than 45 years. During that time, we have recovered hundreds of millions of dollars for our clients, including significant results in catastrophic injury cases.
Our case results include:
- $7.1 million for a traumatic brain injury claim
- $1.45 million in another traumatic brain injury case
- A $9 million trucking accident recovery
- $5 million against the government for a wrongful death case
- Multiple seven-figure recoveries involving serious injury claims
Past results do not guarantee future outcomes, but they can demonstrate our ability to handle complex cases and our track record of pursuing meaningful results for people facing serious injuries and financial challenges.
We Take a Different Approach
When you work with our attorneys, we focus on building a complete picture of how the injury has affected your life today and how it may affect your future. Depending on the circumstances of your case, we can:
- Investigate the accident and determine who may be legally responsible
- Collect evidence that explains both how the injury occurred and how it has affected your daily life
- Consult with medical providers, vocational professionals, economists, and life-care planners to determine potential future losses
- Analyze the financial impact of lost income, reduced earning capacity, and ongoing care needs
- Present clear evidence of damages during settlement negotiations
- Challenge the insurance company's efforts to minimize the severity of the injury
- File a lawsuit and pursue the case through litigation when necessary
- Present the evidence before a judge or jury if a fair resolution cannot be reached through negotiation
Many firms simply investigate claims. We believe it is equally important to take the next step. When insurance companies refuse to fairly evaluate a serious brain injury claim, we are prepared to initiate litigation and prepare for trial to protect our clients' interests.
We Understand How Brain Injuries Often Affect More Than Your Physical Health
Some injuries have a predictable recovery timeline. Traumatic brain injuries often do not.
Someone recovering from a fractured bone may have a relatively clear understanding of the treatment plan and expected outcome. Brain injury survivors frequently face uncertainty.
Symptoms may improve, remain stable, or evolve over time. The impact on employment, family responsibilities, and future independence may not be immediately clear.
This uncertainty can create significant stress for accident victims and their families. Questions about future medical care, employment, income, and quality of life often become just as important as treating the injury itself.
Because of these concerns, brain injury cases require careful evaluation before any settlement decisions are made. We can review any offers you receive to determine whether they account for all your potential future losses.
Do I Have a Utah Brain Injury Case?
Not every brain injury creates a legal claim. To pursue compensation, there must be evidence that another party's negligence or wrongful conduct contributed to the injury.
Many brain injury claims arise when another person or entity fails to exercise reasonable care. The circumstances vary widely, but the central question remains the same: could the injury have been prevented if someone had acted responsibly?
At Parker & McConkie, we evaluate the facts surrounding the incident, identify potential sources of liability, and determine whether a personal injury claim may exist under Utah law.
Common Situations That Lead to Brain Injury Claims
Brain injuries occur in a wide range of accidents throughout Utah. Some involve transportation-related incidents, while others occur on dangerous properties, construction sites, or recreational areas.
Motor Vehicle Accidents
Car accidents remain one of the leading causes of traumatic brain injuries. Even if there is no direct impact to the head, the violent movement of the head and neck during a collision can cause significant trauma.
These claims may involve passenger vehicles, commercial trucks, motorcycles, pedestrians, cyclists, rideshare vehicles, or public transportation.
Falls on Dangerous Property
Falls frequently lead to serious head injuries, particularly among older adults. Property owners who fail to address known hazards may be liable when unsafe conditions cause preventable injuries.
Examples of hazards include wet floors, broken stairs, uneven walkways, inadequate lighting, or dangerous winter conditions.
Construction and Industrial Accidents
Construction sites contain numerous hazards capable of causing serious head trauma. Falling objects, equipment failures, falls from elevated work areas, and unsafe worksite conditions can all contribute to catastrophic injuries.
We handle cases involving third-party claims against contractors, subcontractors, equipment manufacturers, or property owners.
Recreational and Outdoor Accidents
Utah's outdoor recreation opportunities attract residents and visitors throughout the year. Accidents involving recreational vehicles, boating activities, and other outdoor pursuits can sometimes result in serious brain injuries when negligence contributes to the incident.
Why Do Insurance Companies Dispute Brain Injury Claims?
One of the challenges in these cases is that the effects of a brain injury are not always obvious.
Insurance companies may acknowledge that an accident occurred while questioning the severity of the injury. They may argue that symptoms are unrelated to the accident, that treatment was unnecessary, or that limitations are exaggerated.
In some cases, they focus on the fact that standard imaging studies do not always reveal the full extent of the injury. In others, they attempt to attribute symptoms to unrelated factors. These disputes can create significant obstacles for injured individuals seeking fair compensation.
Strong brain injury claims often require evidence from multiple sources, including medical providers, family members, employers, coworkers, rehabilitation professionals, and other individuals who can explain how the injury has affected daily life.
How Our Lawyers Work to Prove the Full Impact of a Brain Injury
The value of a brain injury claim depends on much more than the initial diagnosis. Our attorneys work to understand how the injury has affected every aspect of our client's life. Our process may include reviewing employment records, treatment history, rehabilitation needs, educational impacts, family responsibilities, and future care requirements.
In some cases, we work with experts who can analyze and evaluate future medical costs, reduced earning capacity, long-term support needs, or diminished quality of life.
A brain injury settlement should reflect both current losses and reasonably anticipated future losses. We know that accepting a settlement before fully understanding those future consequences can create serious financial difficulties later.
We help everyday people stand up for What's Right.
What Compensation May Be Available in a Utah Brain Injury Claim?
Brain injury claims often involve substantial damages because the effects can continue long after the accident itself.
Economic damages may include:
- Medical expenses
- Rehabilitation costs
- Therapy expenses
- Lost wages
- Reduced future earning capacity
- Long-term care costs
- Home modifications
- Assistive technology and support services
Non-economic damages may include compensation for:
- Physical pain
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Loss of independence
- Permanent impairment
- Changes in personal relationships
Every case is different. The appropriate value depends on the specific facts, the severity of the injury, and its long-term consequences.
What If Someone Claims You Contributed to the Accident?
Insurance companies frequently look for opportunities to reduce their financial exposure by shifting blame to the injured person. We expect this defense, and we’ll be prepared to push back against unfair accusations of fault.
If the defendant argues that you contributed to the accident, Utah's modified comparative fault rules may apply. Under these laws, an injured person may recover damages if they are less than 50% responsible for the incident. However, any recovery is reduced according to their percentage of fault.
But, if you are found 50% or more responsible, you generally cannot recover compensation from the other party.
Because fault allocation can significantly affect case value, our attorneys work to gather evidence that accurately reflects what happened and challenge unsupported attempts to shift responsibility.
What Is the Deadline for Filing a Brain Injury Lawsuit in Utah?
Utah’s statute of limitations generally allows four years from the date of the injury to file a personal injury lawsuit. Certain circumstances may involve different deadlines, particularly when government entities are involved.
Waiting too long can create problems even before the legal deadline arrives. Witnesses become harder to locate, evidence may disappear, and important records may become more difficult to obtain.
Speaking with our attorneys early allows us to help preserve evidence and protect your ability to pursue compensation from the at-fault parties.
Can I Afford to Work With a Brain Injury Lawyer?
After a traumatic brain injury, most people are focused on medical treatment, rehabilitation, and figuring out their future. Paying attorney fees out of pocket is usually the last thing they want to worry about.
That is why we represent brain injury clients on a contingency fee basis. Rather than charging hourly fees, our payment comes from the compensation we recover on your behalf. If there is no recovery, there is no attorney fee.
This approach allows our injured clients to obtain experienced legal representation without taking on additional upfront financial obligations during an already stressful time.
How the Parker & McConkie Team Handles Serious Brain Injury Litigation
Brain injury claims often require extensive preparation. The insurance company has teams of adjusters, attorneys, medical consultants, and experts working to minimize the claim. Our attorneys build cases designed not only for settlement negotiations but also for litigation if necessary.
We investigate the incident, preserve evidence, consult with qualified professionals, evaluate future losses, and prepare every case as though it may ultimately be presented to a jury. That preparation often strengthens our settlement negotiations because insurance companies recognize when a legal team will not give in and accept a low offer.
If a fair settlement cannot be reached, we can file a lawsuit, conduct discovery, take depositions, challenge defense experts, participate in mediation, and present the evidence in court if that’s what it takes to achieve justice for our clients.
FAQs About Utah Brain Injury Cases
How do I know if my brain injury is serious enough for a legal claim?
The seriousness of a legal claim depends less on the label attached to the injury and more on how the injury affects your life. Even injuries that initially appear mild can lead to significant financial losses, work limitations, or long-term complications. Our attorneys can evaluate the specific facts of your situation during a free case review.
Can my family members play a role in my brain injury case?
Yes. Family members often provide valuable insight into how the injury has affected your daily life, personality, relationships, responsibilities, and independence. Their observations can help demonstrate the real-world impact of your injury.
What happens if the insurance company disputes my symptoms?
Disputes are common in brain injury cases. Insurance companies may challenge the severity of symptoms, the need for treatment, or the connection between the accident and the injury. Strong documentation, expert analysis, and thorough case preparation can help address those challenges.
Will my case have to go to trial?
Many personal injury cases settle before trial. However, the possibility of litigation often plays an important role in settlement negotiations. If the insurance company refuses to offer fair compensation, we are prepared to pursue the case through trial when necessary.
Contact the Utah Brain Injury Lawyers at Parker & McConkie Today
A brain injury can affect your career, your finances, your relationships, and your independence long after the accident itself. Before accepting a settlement, it is important to understand the full scope of your losses and the legal options available to you.
The team at Parker & McConkie represents brain injury survivors and families throughout Utah. We investigate claims, negotiate with insurance companies, pursue litigation when necessary, and work to secure financial recoveries that reflect both current and future losses.
Call (801) 845-0440 today for a free consultation with our Utah brain injury lawyers and learn how we can help protect your future.