How Much Can You Get from a Traumatic Brain Injury Lawsuit or Settlement in Utah?

Legal Disclaimer: The following values are based on prior cases and should not be interpreted to imply or guarantee that your personal injury claim or lawsuit will have a similar resolution.  The circumstances of every accident and the resulting injuries are very different, and only after reviewing your matter in a detailed legal consultation can an attorney give legal guidance.  Moreover, a jury will determine the final value of your case.

A traumatic brain injury (TBI) is one of the worst, most debilitating types of injuries any person can sustain.  Physical damage to the brain can result in severe and permanent health problems, including cognitive impairment, speech problems, chronic headaches, impaired senses, balance problems, and paralysis.  Even a “mild” TBI, such as a concussion, can cause long-term effects such as fatigue, memory loss, and greater difficulty focusing or paying attention.

If your parent, child, or spouse suffered a traumatic brain injury in a crash or accident, the person who caused the accident could be liable for compensating your family.  To talk about whether you could have a personal injury claim or grounds for filing a lawsuit in a free legal consultation, call Utah TBI lawyer Darwin Overson at (801) 895-3143.

How Much Compensation is Available for the Victim of a Traumatic Brain Injury?

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The victim of a negligently inflicted injury may be entitled to compensation, otherwise known as “damages.”  Damages are recoverable for a variety of current, anticipated, financial, and non-financial losses.  Damages that compensate a victim for financial and non-financial losses are called “compensatory” damages.  In cases where the defendant’s misconduct was extreme, it may also be possible to recover punitive damages, which are meant to punish the defendant while acting as a deterrent against similar misconduct in the future.

TBI compensation may be available for:

  • Lost earnings, income, and benefits, including projected future losses. TBI often has a significant impact on the victim’s earning capacity, so factors like the victim’s age (estimated time until retirement), occupation, and income level are all taken into consideration when determining an award.
  • Various medical bills and medical expenses, including costs anticipated for the future. Medical costs a TBI victim in Utah can potentially get compensated for include ambulance transportation, physical therapy, hospitalization, in-home assistance, personal care assistants, surgery, medication, and medical devices/equipment.
  • The emotional impacts of the injury, including the victim’s pain, suffering, mental anguish, and loss of enjoyment of life.
  • Burial expenses and funeral expenses, in cases where TBI causes the wrongful death of the victim.

Some states place predetermined limits called “damages caps” on certain types of damages, but Utah is not among them.  In 2015, Utah ruled that former caps on compensation for wrongful death caused by malpractice were unconstitutional.  The amount of compensation that may be recoverable ultimately depends on factors like the severity of the injury, its effects upon the victim’s earning capacity, and whether the victim was previously financially responsible for supporting children or other dependents.  No matter the circumstances, Darwin Overson will fight aggressively and persistently to obtain a TBI settlement or case outcome that ensures your family member receives quality care.

Concussion and Head Injury Verdicts and Settlements

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Below are some actual examples of jury-awarded verdicts and out-of-court personal injury settlements resulting from traumatic brain injuries.  However, the ultimate worth or value of every case is impacted by its own unique set of factors.  An experienced brain injury lawyer in Utah can help give you a clearer idea of the compensation that may be available for your loved one’s accident.

  • $50,000 for a severe concussion causing memory and speech problems.
  • $100,000 for a bicyclist who suffered a concussion after being hit by a car.
  • $175,000 for the victim of a head injury accompanied by neck injury.
  • $325,000 for the victim of a mild TBI (MTBI) caused by a car accident involving an improper left turn.
  • $600,000 for a victim who was struck in the head by a flying object.
  • $1 million for the victim of a truck accident.
  • $1.2 million for a brain injury caused by a car accident.
  • $2.2 million for the victim of surgical errors.
  • $4.25 million for the victim of an industrial accident.

Review Your Claim in a Free Consultation with an Experienced Utah TBI Attorney

If one of your family members suffered a serious head injury in Utah, your family needs a skilled, knowledgeable, and aggressive attorney who will fight for maximum compensation while protecting your rights and guiding you through the legal process of making a claim or filing a lawsuit.  Darwin Overson has more than 33 years of experience helping accident victims in Utah get compensated for injuries caused by negligence, and handles many different types of TBI cases, including:

  • Car Accidents
  • Motorcycle Accidents
  • Bicycle Accidents
  • Truck Accidents
  • Bus Accidents
  • Pedestrian Accidents
  • Medical Malpractice
  • Defective Products (Product Liability)
  • Slip and Fall Accidents (Premises Liability)
  • Swimming Pool Accidents
  • Birth Injuries
  • Pediatric/Child TBI

Darwin handles brain injury claims in Salt Lake County, Summit County, Tooele County, Box Elder County, Wasatch County, Davis County, Weber County, Utah County, Morgan County, and throughout the state of Utah.  If you are unable to travel, Darwin can come to your location.

To set up a free and confidential legal consultation with Darwin, or if you have any questions at all about your loved one’s legal rights as an injury victim, call the law offices of Overson Law at (801) 895-3143.


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