Traumatic Brain Injury Attorneys in Salt Lake City, UT
When you suffer from a traumatic brain injury caused by someone else’s negligence, you may wonder if your quality of life can ever be the same. Consulting a Salt Lake City traumatic brain injury lawyer can help you plan for your future and recover some of what you have lost.
Experiencing a traumatic brain injury (TBI) can be one of the most frightening occurrences of your life. TBIs affect the way your brain works, and, depending on their severity, may have long-term effects on your health. If another person, company, or entity caused your TBI, The Garner Law Firm may be able to help you hold them accountable.
no risk to you,
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Types of TBI
The type of TBI determines the level of care a person needs, both now and in the future. According to the CDC, there are three types of TBI:
- Mild TBI or concussion. Caused by a jolt or blow to the head, or even by an accident that causes the head to bounce back and forth, mild TBIs and concussions are the majority of TBIs in the United States. While they are less severe than other TBIs, injured parties may still require neuropsychological or neurocognitive tests to diagnose them. In some instances, a doctor may require imaging such as a CT scan.
- Moderate TBI. Most are caused by falls or firearm-related injuries. Both moderate and severe TBIs can lead to lifelong consequences. The long-term costs of a moderate TBI can be extremely expensive.
- Severe TBI. While many are caused by falls or firearm-related injuries, motor vehicle crashes and assaults are also common causes. According to a 2022 Utah Environmental Public Health Tracking report, TBIs cost $189 million in hospitalization charges.
Whether a TBI is mild or severe, you may be entitled to recover the cost of medical bills, treatments, therapies, lost wages, and pain and suffering. Hiring a detailed Salt Lake City traumatic brain injury attorney can help you create a detailed account of your current and future financial needs.
Outcomes for Severe TBIs
Moderate to severe TBIs come with long-term costs that must be accounted for in your claim against the responsible party. Some of the physical and cognitive costs may include:
- Memory loss
- Dizziness
- Seizures
- Weakness
- Visual changes
- Paralysis
- Headaches
- Balance problems
- Reduced receptive or expressive language
- Mood swings
- Depression or other mental health behaviors
This list is not exhaustive. You should consult with a provider from a local health system, such as the University of Utah Health or Intermountain Health, if you think you have a TBI.
In addition to the effects of moderate to severe TBIs, the outlook for these injuries can be daunting. The CDC reports the 5-year outcomes for traumatic brain injuries as follows:
- Only 26% improved after sustaining moderate to severe TBIs.
- 22% remained the same within 5 years after the injury.
- 30% of individuals sustaining moderate to severe TBIs became worse by 5 years after injury.
- 22% died as a result of their TBI within 5 years.
Because TBIs include such complex outcomes and can cost thousands in care, your traumatic brain injury attorney needs to account for not only your own care and potential needs, but also those of your family if you are their provider.
Hire a Traumatic Brain Injury Lawyer
When you or your loved one suffers a traumatic brain injury caused by someone else’s carelessness or negligence, you may be feeling anger, distress, sadness, or any combination of emotions. One thing you shouldn’t feel is that you are alone.
Utah law allows you to file a claim against the negligent party as long as you are less than 50% responsible for the accident that caused the injury. If you are found to be partly at fault, your compensation can be reduced by the percentage you are at fault. For instance, if you are owed $100,000, but are 25% at fault, your award may be reduced by $25,000 or $75,000.
When you hire a traumatic brain injury lawyer from The Garner Law Firm, our goal is to support you in obtaining both justice and the compensation you deserve for the injuries you have suffered.
Long-term injuries require long-term solutions, which can be costly and difficult to sustain. They can also create secondary costs such as mental health care, accessibility renovations, and in-home care.
At The Garner Law Firm, our compassionate attorneys give our clients the attention and care they need. Our team makes a detailed analysis of your case because every case is different. You’re never just a number to us. We want you to be able to thrive as much as possible, and that means assessing all of the future costs you need financial help with.
Our highly experienced team can collect medical records, speak with medical professionals, interview witnesses, gather police reports, and engage with the negligent party or their attorneys to negotiate a comprehensive settlement or go to trial to protect your interests. With a track record of securing high-value settlements and verdicts for our clients, having an attorney from The Garner Law Firm on your side can give you the security you need.
Proving Negligence
In a comparative negligence state like Utah, your personal injury attorney needs to prove not only that the other party is at fault, but that you are not. To prove negligence, there are four components your lawyer must prove:
- Duty of care. Showing the other party had a duty of care to you by following the law or an expected standard. For instance, a doctor-patient relationship can prove a duty of care in a medical malpractice case. In a car accident, drivers have a duty of care to follow the traffic laws.
- Breach of duty. Proving the other party breached their duty by gathering police reports, witness statements, dashcam or residence camera footage, or other documented proof. For instance, in the case of a fall on someone’s property, if the owner left dangerous tripping hazards where they would not reasonably be expected to be, they are breaching their duty of care.
- Causation. Showing that the negligent party’s actions or inactions directly caused your injuries.
- Damages. Proving that you suffered damages as a result of your injuries. In a TBI case, this involves gathering data from medical providers and consulting professional witnesses.
Sometimes, the other party, their lawyer, or the insurance company tries to mitigate their payments by attempting to pin a portion of the damages on you. They would then need to prove the same four components of negligence.
Our team can attempt to prove that there was no negligence on your part by using some of the same data collection methods, such as eyewitness statements or police reports. This may also involve accident reconstruction professionals or other consultants who can give testimony to defend against these allegations.
FAQs
What Is the Average Payout for Traumatic Brain Injury?
Traumatic brain injury payouts can vary greatly depending on factors such as the severity of the TBI, whether you were partly at fault, the level of evidence-gathering needed, and whether you go to trial.
While every result is individual, at The Garner Law Firm, we have secured a $1 million payout for a recent TBI client.* Our policy is simple. We know you are busy healing, so there is no fee unless we win.
Is TBI a Protected Disability in Utah?
TBIs are protected disabilities under the Americans with Disabilities Act (ADA). They are also possibly eligible for disability services from the Utah Department of Services for People with Disabilities (DSPD) if their TBI has resulted in limitations in three or more cognitive abilities or physical functions. It is important to note that DSPD can require you to repay the cost of any of their services from your settlement amount.
What Is The 3 Hour Rule for TBIs?
The 3-Hour Rule for TBIs is a Centers for Medicare and Medicaid rule that requires three hours of therapy per day for at least five days per week for Medicare or Medicaid to cover inpatient rehabilitation. Physical therapy (PT), occupational therapy (OT), and speech/language pathology (SLP) count toward the three hours per day.
Medicaid and Medicare may be reimbursed from your settlement amount, and a skilled traumatic brain injury lawyer can calculate that cost into your settlement or verdict.
What Steps Can I Take to Secure a Larger TBI Settlement in Salt Lake City?
There are several steps you can take to help your case in a TBI settlement in Salt Lake City. One of the most important things may be to seek prompt medical care for your traumatic brain injury. Not only is care for your brain injury imperative, but it also creates documentation for your injury to use in your case.
You should also never take the first settlement offered by an insurance company without speaking to a well-established personal injury attorney.
The Garner Law Firm Is Here for You
At The Garner Law Firm, our Salt Lake City traumatic brain injury lawyers are compassionate and client-focused. We care that you have the financial stability you need to care for your needs, both now and in the future.
Our attorneys are admitted to practice in Utah state courts, and our founding attorney, Dan Garner, is also admitted to practice in Utah’s federal district court. Our clients have said, “Dan was compassionate and spent a lot of time getting to know us and the intricacies of (my husband’s) injuries,” and “Dan is knowledgeable, reliable, and understanding.” If you have a traumatic brain injury caused by someone else’s negligence, contact us today to assess your case.
*Results are individual and not guaranteed.
