If you or a loved one has suffered a TBI in Salt Lake City due to someone else’s negligence, you likely have questions about compensation. At West Injury Law, we understand the overwhelming physical, emotional, and financial toll these injuries take. This guide breaks down what you need to know about traumatic brain injury settlements in Utah.
Traumatic brain injuries range from mild concussions to severe damage that permanently alters a person’s cognitive abilities, personality, and independence. Common causes include:
What makes TBIs particularly devastating is that they often aren’t immediately apparent. You might walk away from an accident feeling “fine,” only to develop serious symptoms days or weeks later. This delayed onset can complicate both medical treatment and legal claims.
Every traumatic brain injury case is unique. When determining settlement amounts, several key factors come into play:
TBIs are typically classified as mild, moderate, or severe. Settlement amounts generally correlate with severity:
Brain injuries often require extensive treatment, including:
The higher your medical expenses, the more significant your settlement should be to cover these costs.
Many TBI victims cannot return to work for extended periods—some never return at all. Your settlement should account for:
Brain injuries can cause debilitating physical pain along with emotional suffering, including depression, anxiety, PTSD, and loss of enjoyment of life. In Utah, these non-economic damages are a significant component of TBI settlements.
TBIs can dramatically alter personal relationships. Personality changes, cognitive impairments, and emotional regulation issues can strain marriages and other relationships. These effects are often factored into settlement values.
While every case is unique, here are some general settlement ranges we’ve observed in Utah brain injury cases:
Remember, these figures are general ranges based on past cases. Your settlement could fall outside these ranges depending on your specific circumstances.
Several Utah-specific legal considerations impact traumatic brain injury settlements:
In Utah, you generally have four years from the date of your injury to file a personal injury lawsuit. If you miss this deadline, you may forever lose your right to seek compensation.
Utah follows a modified comparative negligence system. If you’re found partially responsible for your accident, your compensation will be reduced by your percentage of fault. If you’re determined to be 50% or more at fault, you cannot recover damages.
For example, if you have $500,000 in damages but are found 20% at fault, your maximum recovery would be $400,000 (your damages minus your 20% responsibility).
Settlement amounts are often constrained by available insurance coverage. Utah requires drivers to carry minimum liability insurance of:
These minimums are often insufficient for serious TBI cases, which is why it’s crucial to investigate all possible sources of coverage, including umbrella policies and your own underinsured motorist coverage.
To ensure you receive fair compensation for your traumatic brain injury, consider these steps:
Even if you feel “fine” after an accident, get evaluated by a medical professional. Early diagnosis and treatment of TBIs is critical for both your health and your legal claim.
Attend all medical appointments and follow your doctors’ recommendations carefully. Gaps in treatment can be used by insurance companies to claim your injuries aren’t serious.
Keep detailed records of:
Insurance companies typically start with lowball offers that don’t account for the full extent of your damages, especially for complicated TBI cases. Don’t accept any settlement offer without consulting an attorney.
TBI cases are complex and require specialized knowledge. An experienced Salt Lake City brain injury lawyer understands how to properly value these cases, work with medical experts, and navigate the legal system to maximize your compensation.
At West Injury Law, we have extensive experience representing traumatic brain injury victims throughout Salt Lake City and surrounding areas. We understand the life-altering impact of these injuries and fight tirelessly to secure the compensation our clients deserve.
Our approach includes:
Most importantly, we handle your case on a contingency fee basis. You pay nothing unless we win your case. This ensures everyone has access to quality legal representation, regardless of financial circumstances.
If you or a loved one has suffered a traumatic brain injury in Salt Lake City, don’t face this challenging time alone. Contact West Injury Law today for a free, no-obligation consultation to discuss your case and your options for pursuing fair compensation.
Remember, the statute of limitations restricts how long you have to file a claim, so don’t delay. Call us to speak with an experienced brain injury attorney.
We serve clients throughout Salt Lake City and all surrounding communities, fighting to ensure brain injury victims receive the full compensation they deserve for their injuries.