Utah Traumatic Brain Injury Lawyer

A brain injury can change how a person thinks, works and gets along with family, often with no visible sign. The National Institute of Neurological Disorders and Stroke (NINDS) defines a traumatic brain injury as a brain injury caused by an outside force, such as a forceful bump, blow or jolt to the head or body, and notes that not every blow to the head causes one. Falls and motor vehicle crashes are among the leading causes it lists.

We represent people across Utah with brain injury claims, from a concussion that will not clear up to injuries that require care for life. The work is similar at every level: document the injury, show how it has changed daily life, and prove what it will cost going forward. For how severity tends to affect claim value, see our traumatic brain injury settlements guide.

From Concussion to Severe TBI

The CDC describes a mild TBI or concussion as caused by a bump, blow or jolt to the head, or by a hit to the body that makes the head and brain move quickly back and forth. Mild TBIs are usually not life-threatening, the CDC says, but their effects can be serious. At the other end of the scale, the CDC says moderate and severe TBIs may lead to long-term or life-long health problems that can affect all aspects of a person's life. NINDS adds that a concussion may take minutes to several months to heal, and that post-concussion syndrome involves symptoms lasting weeks or longer. Sources: CDC on mild TBI, CDC on moderate and severe TBI, and NINDS.

Symptoms That Show Up Late

Hours or days later. According to the CDC, some concussion symptoms appear right away while others may not appear for hours or days after the injury. Someone who felt well enough to decline an ambulance can still have a brain injury.

Secondary damage. NINDS explains that some brain damage develops over hours, days or weeks after the initial trauma through swelling, bleeding and related processes, and that contusions can appear after a delay of hours to a day.

Easy to overlook. The CDC notes that a person with a concussion may not recognize or admit problems, and that symptoms may be overlooked by the person, family members or a health care provider. Changes in memory, concentration, sleep and mood are often noticed first by a spouse, a coworker or a teacher.

A normal scan is not the end of it. An emergency room note reading “no loss of consciousness” and a normal CT scan are often the insurer's first exhibits. NINDS notes that currently available imaging, blood tests and other measures can't always detect damage from mild, concussive injuries.

What helps the record. Tell your providers about every new or ongoing symptom, even weeks later; NINDS advises paying attention to new signs even if they seem unrelated, because they may be related even when they appear several weeks after the injury. Ask family members to write down the changes they notice. Those notes often become some of the most persuasive evidence in the file.

Neuropsychological Testing and Other Proof

NINDS describes neuropsychological tests as specific tasks that assess memory, concentration, information processing, executive functioning, reaction time and problem solving, often used along with imaging after a mild TBI. In a claim, that testing can put measurable results behind complaints an adjuster might otherwise dismiss. NINDS also describes MRI as more sensitive than CT for subtle brain changes. Which tests are appropriate is a decision for your treating providers, not for a lawyer or an insurer.

We collect the medical records, the crash or scene evidence, and the before-and-after picture: school or work records, performance reviews, and statements from people who knew you before the injury. When a case warrants it, we retain independent medical, vocational and economic professionals, advanced as case costs, to explain the injury and its cost.

How Brain Injury Claims Arise in Utah

Brain injury claims commonly follow car and truck crashes, motorcycle, bicycle and pedestrian collisions, and falls on unsafe property. When a defective product played a part, such as a side-by-side that rolled or a restraint that failed, a two-year limit applies instead of the usual four; our UTV rollover page explains how those claims work. If you were hurt on the job, workers' compensation is generally the only remedy against your employer under § 34A-2-105, but a claim against a negligent third party is preserved by § 34A-2-106.

Long-Term Effects and Care

NINDS explains that TBI can cause problems with how a person thinks, understands, moves, communicates and acts, and that more serious TBIs can lead to severe and permanent disability. It also notes studies suggesting that moderate or severe TBI in early or mid-life may be associated with an increased risk of dementia later in life. Future needs are often unclear at first, which is one reason not to settle before the medical picture is stable; see how long a Utah settlement takes.

Damages in a Brain Injury Claim

• Medical and rehabilitation costs: emergency care, imaging, therapy and future treatment, priced in a life-care plan when needed. See how future costs are proven.
• Lost income and earning capacity: time away from work and the gap between the career you had and the work you can manage now.
• Non-economic losses: headaches, fatigue, memory and mood changes, and the strain on relationships.
• Help at home: paid attendant care, supervision and help with daily tasks when the injury requires it.

When the Insurer Downplays a Brain Injury

Expect to hear that the crash was too minor, the scan was normal, or the symptoms come from stress, age or an earlier injury. The answer is a consistent record from the first visit forward, testing where appropriate, and witnesses who can describe the change. Fault is often contested too: under § 78B-5-818, you recover only from parties whose fault exceeds yours. Coverage is the other half of the problem. Utah's minimum bodily injury limit is $30,000 per person for policies issued or renewed since January 1, 2025 (§ 31A-22-304), so we look for every available policy, including your own underinsured motorist coverage.