Utah Brain Injury Lawyers
Our Utah brain injury lawyers represent people who have suffered brain damage in an accident. Brain injuries come with a high cost, both financially and mentally. You need an experienced attorney who understands the unique issues present in brain injury cases and will fight to get you the help you need.
We’ve represented hundreds of Utah residents get the compensation they deserve after a traumatic brain injury accident. If you’re hurt, we invite you to contact us. See how we can represent you in claiming financial compensation and getting justice for your damages.
What Is a Brain Injury Lawsuit in Utah?
A brain injury lawsuit is a claim for financial compensation brought by the victim of an accident. In Utah, the party who causes an injury through negligence or intentional misconduct may be responsible for paying the victim. When you bring a brain injury lawsuit, you make a formal claim for damages and begin the legal process for compensation.
At Christensen & Hymas, we’re not only dedicated to your case, but we are also committed to your recovery. Our goal is to serve every client with compassion, understanding, and integrity. We can help you connect to community resources and get the medical and financial help you need to begin rebuilding your life.
How Can a Brain Injury Lawyer Help Me?
Brain injury cases are complex. It can be hard to know the severity of the injury or the long-term consequences. Understanding and valuing these damages is crucial so the victim can receive the compensation they need and deserve. A brain injury lawyer can work thoroughly on the case to ensure you don’t leave money on the table and that you gather the required evidence to make your claim successful.
At Christensen & Hymas, we are committed to helping those with brain injuries in the community receive the help, hope, and healing they need. Contact our team to learn more.
Common Types of Brain Injuries
Brain injuries can happen in almost any setting or activity. They vary in severity, symptoms, and healing time. Although each injury is unique, there are 11 terms to describe brain injury types. These are:
- Penetrating brain injury
- Diffuse axonal
- Traumatic brain injury (TBI)
- Anoxic brain injury
- Acquired brain disorder (ABD)
- Second impact syndrome
- Shaken baby syndrome
- Locked-in syndrome
If you or a loved one have suffered one of these brain injuries due to another party’s negligence or reckless behavior, you deserve justice. Contact our Utah brain injury attorneys for a free consultation and learn what your case may be worth.
Utah Brain Injury Laws
Section 26-53-102(6) of the Utah Health Code defines traumatic head injury as an injury to the head from blunt force trauma, acceleration or deceleration. There are several laws aimed at protecting the public and helping people who are the victims of trauma.
- Negligence Compensation Laws for Brain Injury Victims. Victims who sustain brain injuries because of the negligent acts of others may claim financial compensation by bringing a legal claim. They may claim direct and indirect financial losses, including the cost of medical care. Victims may also claim an amount for the impact on their life and independence. Utah Code 78B-5-818 creates a system of comparative negligence to evaluate fault and determine the appropriate amount of financial compensation.
- Utah Workers’ Compensation Laws. A person who sustains a brain injury while on the job may access Utah workers’ compensation laws to claim financial compensation, including covered medical care and lost wages.
- Utah Occupational Safety and Health. Utah Occupational Safety and Health guidelines allow workers to report unsafe conditions. Employers must follow the rules aimed at preventing workplace injuries, including brain trauma.
- Protection of Athletes with Head Injuries Act. Parents, athletes and coaches are becoming more aware of the dangers of brain injury in sports. The Utah Health Code Protection of Athletes with Head Injuries Act, Utah Code Title 26, Chapter 53, requires concussion and head trauma policies for school sports organizations. The requirements consist of training and response for sports injuries that may include brain trauma.
- Utah Traumatic Spinal Cord and Brain Injury Rehabilitation Trust Fund. Established by Utah House Bill 400, the Traumatic Spinal Cord and Brain Injury Rehabilitation Trust Fund disburses funds to assist charitable clinics in providing rehabilitation services for the post-acute-care of people with such injuries.
- Utah Training of School Nurses. Utah House Bill 269 creates training and response requirements for school nurses in treating students with a head injury.
Brain Injury Resources
Traumatic brain injury patients and their families may use the different resources in Utah specifically catering to their needs and concerns. Here are some of the organizations for brain injury cases:
The Brain Injury Association of America (BIAA) advances brain injury prevention, research, treatment and education to improve the quality of life for all individuals.
The Brain Injury Alliance of Utah is dedicated exclusively to education and support for the prevention and recovery of brain injury in the state of Utah.
The CDC provides information on brain injuries.
The Job Accommodation Network (JAN) provides guidance on workplace accommodations and disability employment issues.
The Utah Brain Injury Council advocates for the continued development of a state-wide traumatic brain injury system.
University of Utah Health Care has a brain injury program that aims to return each patient to a productive lifestyle within their home and community. The program does this by providing comprehensive therapies for brain trauma patients.
Brain Injury Statistics
Each year, 1.7 million people are impacted by a traumatic brain injury. Source: (Centers for Disease Control)
Common causes are car accidents, sports, workplace injuries and slip and falls. Not all blows or jolts to the head result in TBI, but some result in death or permanent disability. Brain injury statistics show the extent of the problem.
- TBI contributes to a third (30.5%) of all injury-related deaths in the United States.
- Children, teenagers and seniors are most likely to sustain a TBI.
- Almost half a million children ages 0-14 years visit an emergency room each year for an injury that involves brain trauma.
- Adults aged 75 years and older have the highest rates of TBI-related hospitalization and death.
- In every age group, TBI rates are higher for males than for females.
University of Utah Health Care reports:
- About 3.5 million people ages 14 and younger get hurt annually in sports and recreation.
- The leading cause of death from a sports-related injury is a brain injury.
- Most head injuries sustained in sports or recreational activities occur during bicycling accidents, skateboarding falls, or skating incidents.
From the Utah Department of Health:
- The leading causes of TBI hospitalizations and deaths in Utah are falls (33.6%), motor vehicle traffic crashes (18.3%), and self-harm (11.5%).
- Approximately 31.6% of Utah residents hospitalized or have died of TBI have alcohol, drugs, or medications in their bodies at the time of their injury.
Brain Injury Lawyers in Utah – Accepting New Cases
Our Utah brain injury attorneys are currently accepting new cases. Receiving financial compensation for a brain injury involves filing a claim and carefully presenting the medical evidence. The damages you deserve may be substantial, but you must bring your claim and prove your case.
At Christensen & Hymas, we are experienced litigators. With any complex injury, you need a legal team that knows how to investigate and effectively claim long-term damages, including the pain, suffering, and lifestyle changes that accompany a brain injury. Contact our brain injury lawyers today for a free consultation.
Brain Injury FAQs
What is a brain injury?
Traumatic brain injury (TBI) is a sudden trauma to the head resulting in damage to the brain. It may also be called a head injury. This injury may result from a car accident, slip and fall, assault, workplace accident, oxygen deprivation, or sports accident. A brain injury impacts the brain in a way that temporarily or permanently interferes with normal consciousness and brain function.
What are the symptoms of brain injury?
A person who has sustained a brain injury may experience relatively mild symptoms such as dizziness, fatigue, and headache. Severe manifestations of the injury may include a loss of consciousness, seizures, slurred speech, confusion, loss of coordination, and coma.
What is the difference between a concussion and a contusion?
A concussion results from a blow to the head, which causes the brain to strike the skull. It can cause temporary loss of functioning. A contusion is a bruise to the brain and may include a skull fracture. Both concussions and contusions are serious brain injuries, and both injuries may occur concurrently.
What is a skull fracture?
A skull fracture results in damage to the skin and bone of the skull as well as to the brain itself. The severity of the injury and treatment varies with the location of the fracture. Many skull fractures result in mild to severe problems associated with daily functioning such as walking, memory, vision, and behavior.
What is a coma?
A coma is a prolonged state of unconsciousness that can last hours, days, or weeks depending on the severity of the brain damage. There is no response to external stimuli and an absence of speech. The victim may appear to be sleeping or in a vegetative state.
What is rehabilitation after a brain injury?
Rehabilitation is the medical treatment process that helps an individual reach optimum brain function. Various professional services may be involved, including primary physicians, physical, occupational and speech therapists, neuropsychologists, social workers, therapeutic recreational specialists, and nurses.
In addition to healthcare professionals, family members are also a critical part of any recovery after a brain injury. The effectiveness of care can depend on the assistance and cooperation of the patient and family members. Understanding the needed medical care, needed support from family members and related costs are critical for valuing a brain injury legal claim.
Read more about the University of Utah’s rehabilitation program.
What financial assistance is there for people with brain injury and their families?
The assistance available for brain injury victims and their families depends on the cause of the injury and the damage. Government disability programs like SSI (Supplemental Security Income) and SSDI (Social Security Disability Income) may be available. If the injury occurs at work, workers’ compensation may apply.
Various non-profit organizations, foundations, community groups, and religious organizations may provide support and assistance. In addition, the victim may qualify to claim financial compensation through a legal action that may cover a range of damages, including medical bills, lost income, household support, mental suffering, and physical pain.
Will a person with a brain injury recover?
Recovery from a brain injury depends on the nature and severity of the damage and the victim’s treatment. Knowing the prognosis for recovery is an essential part of any legal claim.