Traumatic brain injuries (TBIs) can result from a car accident, truck accident, bus accident, workplace accident, slip and fall, or distracted driving. One wave of these accidents can bring mood changes, memory issues, and inability to work, while the second one brings unexpected medical bills and income loss.
Insurance companies often act quickly to shift the blame toward the victim to minimize claim value. The Law Offices of Roberto Hernandez represent Utah brain injury victims and handle the legal fight so you can focus on recovery. Our traumatic brain injury attorney handles each case with personal attention and works to hold the responsible party accountable under Utah law.
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A traumatic brain injury or TBI occurs when an external force damages the brain. This can happen from a direct blow to the head, a sudden jolt, or a penetrating injury. The brain moves inside the skull. Tissue gets damaged, and function is disrupted. Based on severity, TBIs are classified into three categories:
Any of these three TBIs can result in months of headaches, memory problems, and lost income. So, do not create a picture in your mind that the word “mild” means fewer consequences. Common symptoms include:
Environmental Public Health Tracking (EPHT) found that traumatic brain injury caused over $189 million in Utah hospitalization charges in 2022, with 6.9 hospitalizations per 10,000 residents. Slip and falls caused 52.8% of sampled TBI hospitalizations and deaths, while motor vehicle crashes caused 13.4%.
Utah’s age-adjusted TBI death rate was 21.0 per 100,000 people in 2023. For the latest comparable year, 2022, Utah’s rate was 22.3 compared with 19.2 nationally. Utah males face two times more risk of serious TBI outcomes and three times more deaths compared to women.
According to the Health University of Utah, around 2.8 million Americans sustain a traumatic brain injury each year, and one in 60 people lives with a TBI-related disability. This shows that some brain injuries can cause long-lasting injuries. Nearly 1 in 3 TBI victims (31.6%) had alcohol, drugs, or medications in their system at the time of injury.
Traumatic brain injuries (TBIs) are often invisible on X-rays; therefore, insurance companies get a chance to use false tactics. They know symptoms develop slowly, and recovery can take months, so they argue the injury is not related to the accident.
TBIs affect the neural networks and limit the ability to think, feel, and behave. Insurers may argue that the symptoms are psychological, not physical, or due to pre-existing conditions. They aim to close the claim for as little money as possible; they make an early low settlement offer before the full extent of the injury is known.
Accepting such offers without speaking to a Utah brain injury attorney means you settle for less. Not only that, but you also close the door to pursuing further compensation if conditions become worse in the future.
After a brain injury, victims feel unsure of what to do next. A wrong step can reduce or even end your compensation. At Hernandez Injury Law, we represent Utah brain injury victims and evaluate each case equally. Our experienced brain injury lawyers listen to your concerns, review the facts, and explain your options clearly.
Early in every case, we look at:
After gathering evidence, we build a plan. That plan is focused on two things: fair compensation for the victim and accountability for the responsible party. This process may include:
Some cases resolve through negotiation. Others require litigation. We prepare each case with the same level of care either way. Our brain injury law firm provides regular updates to every client throughout so they can focus on recovery while we handle the legal work.
Brain injuries happen because of someone’s negligence, like distracted driving, unsafe premises, or other wrongful actions. Every day, Utah roads like I-15, I-215, or other busy Utah roadways witness residents suffering from brain injuries in many types of accidents. Understanding the causes behind traumatic brain injuries is the first step to suing the liable party for damages. Our brain injury law firm handles TBI claims arising from:
Car accidents are among the leading causes of traumatic brain injury in Utah. High-speed impacts, rear-end crashes, and T-bone collisions can cause the brain to shift violently inside the skull. Busy roads across the Wasatch Front see these accidents regularly.
Commercial trucks carry enormous weight. The force transferred in a collision between a semi-truck and a passenger vehicle can cause catastrophic brain trauma. These cases also involve federal trucking regulations, which add legal complexity.
Pedestrians have no protection when struck by a vehicle. Brain injuries from pedestrian accidents tend to be among the most severe. The impact can be immediate and life-altering.
Falls account for more than a third of all TBI hospitalizations and deaths in Utah. Property owners have a duty to maintain safe conditions. When they fail and someone suffers a brain injury as a result, they can be held accountable.
Construction sites, warehouses, and industrial facilities across Utah carry serious head injury risk. Falls from elevation and being struck by falling objects cause TBIs every year.
Riders and cyclists face significant brain injury risk in any collision. Even with a helmet, the force of impact can cause serious trauma.
A traumatic brain injury creates financial, physical, and emotional challenges all at once. Victims who file a successful claim under Utah law may recover compensation across three categories:
In rare cases, courts may award punitive damages when the at-fault party acted with extreme recklessness, such as a drunk driver. Punitive damages exist just to punish the at-fault individual.
Every case is different, and Utah follows a modified comparative fault rule. So available compensation will depend on injury severity, negligence, and its impacts.
Understanding Utah law is essential before taking any action.
Under Utah law, personal injury victims generally have a four-year deadline from the date of the accident to file a personal injury lawsuit. For wrongful death cases involving a fatal brain injury, that deadline is generally limited to two years. Both of these are subject to exceptions under Utah law. Missing either deadline eliminates the right to pursue compensation.
Utah follows a modified comparative fault rule. If a victim shares some responsibility for the accident, compensation is reduced by that percentage. If the victim is found 50 percent or more at fault, recovery is barred. Insurance companies use this rule to lower what they pay. An experienced brain injury attorney who understands how Utah courts handle fault allocation can counter those efforts.
After a Utah brain injury, the legal process can feel heavy. At Hernandez Injury Law, we make it clear and manageable so you can focus on healing. Here is our step-by-step process to evaluate brain injury claims:
We listen, answer questions, review your situation, and explain your options honestly.
Our brain injuries lawyer collects and documents every piece of evidence, including witness statements. We build a complete picture of what happened.
Based on the facts, we determine who is liable and review all available insurance coverage.
We calculate the full extent of your damages and build a claim supported by evidence.
We deal directly with insurers and defense attorneys for fair compensation. You stay involved in key decisions.
If no fair offer is made from insurers, we take the case to court and keep fighting for you.
After an accident, uncertainty is normal. While every case is different, these are some questions we hear most often from people considering legal help.
Symptoms are not always immediate. Headaches, memory problems, mood changes, and difficulty concentrating can appear hours or days after the injury. If you were in any accident involving a blow or jolt to the head, see a doctor before doing anything else. Medical documentation from shortly after the accident is one of the most important pieces of evidence in a TBI case.
Four years from the date of injury under Utah Code section 78B-2-307. Wrongful death cases involving a fatal TBI have a two-year deadline. Do not wait to consult an attorney.
There is no fixed amount. Value depends on the severity of the injury, the cost of past and future medical care, the impact on your ability to work, and the degree of pain and suffering involved. Severe TBIs with permanent effects and significant lost earning capacity carry the highest values. Contact our office for a case-specific evaluation.
That is a standard tactic. Insurance companies frequently downplay TBI severity, especially in the early stages when the full extent of the injury is not yet documented. An attorney can bring in the medical experts and evidence needed to establish the real impact of your injury.
Most personal injury cases, including TBI claims, settle before trial. However, some cases do go to trial, particularly when insurance companies refuse to offer fair compensation. Our firm prepares every case as if it will go to trial, which often produces better settlement results.
Yes, in most situations. Under Utah’s comparative fault law, you can still recover compensation as long as you are less than 50 percent responsible for the accident. Your recovery will be reduced proportionally by your share of fault.
If you have faced a brain injury in Utah because of someone else’s negligence, you may have the right to pursue compensation for losses. Speaking with an attorney early can help protect your rights and preserve important evidence. Hernandez Injury Law offers personalized consultations to brain injury victims in Utah free of cost. Before you speak to an insurance adjuster, book your free consultation today to understand your rights.
