Utah Traumatic Brain Injury Lawyer
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A Brain Injury Can Change Everything. You Don’t Have to Face It Alone.
Traumatic Brain Injury Lawyer in Utah
At Cockayne Law, we represent Utah injury victims who are seeking compensation after accidents that cause brain injuries. We handle the legal side of your claim, whether it’s investigating what happened or dealing with insurance companies.
Brain injury cases require specialized legal knowledge. Therefore, our expert brain injury lawyers build your case on the evidence needed to pursue your compensation. Chris Cockayne handles traumatic brain injury (TBI) claims across Utah from initial diagnosis through settlement or trial.
Call For a Free Consultation: (801) 268-2491
Types of Brain Injuries We Handle
Under Utah Code § 26-53-102(6), a traumatic brain injury is defined as damage to the brain caused by an accelerating, decelerating, or blunt force to the head.
This definition matters in a legal claim. It’s the starting point for both insurers and courts to decide whether an injury even qualifies as a TBI or not. However, doctors sort brain injuries into these levels of severity:
Traumatic Brain Injuries (TBI)
Concussions and Post-Concussion Symptoms
Severe Brain Injuries and Diffuse Axonal Injuries
Closed-Head and Penetrating Brain Injuries
Signs and Symptoms You Shouldn’t Brush Off
Brain injuries don’t always announce themselves right away. Some symptoms show up hours or even days after the accident.
So Watch For:
- Headaches, dizziness, or fatigue that doesn’t improve
- Blurred vision, sensitivity to light or noise
- Trouble concentrating, remembering things, or finding words
- Irritability, anxiety, or sudden mood swings
- Slurred speech, loss of coordination, or balance problems
- Loss of consciousness, seizures, or confusion that worsens over time
Common Accidents That Cause Brain Injuries We See in Utah
Brain injuries rarely happen in isolation; they usually follow another kind of accident. The most common causes we see include:
Car & Truck Accidents
Sudden deceleration or a direct blow to the head against a steering wheel, window, or airbag.
Motorcycle & Bicycle Accidents
High-speed impacts can cause serious TBIs even while wearing helmets.
Pedestrian Accidents
These are among the most severe brain injury cases we handle at Cockayne Law.
Slip and Fall Accidents
These accidents happen because of the real risk on Utah’s icy sidewalks and parking lots every winter.
Dog Attacks
A hard fall or direct bite trauma to the head can cause brain injury. These TBIs are particularly common in children.
Sports and Recreational Injuries
Youth sports, skiing, and snowboarding accidents are a leading cause of concussions in Utah.
Workplace Accidents
We also deal with brain injury compensation if it resulted from falls from height, falling objects, and machinery incidents.
If your brain injury happened alongside another type of accident, we can usually handle both as part of the same claim.
Recognizing the Lasting Effects of a traumatic Brain Injury
Apart from physical symptoms, some effects show up right away, others sneak up on you, and sometimes family members notice them before you do.
Memory, Concentration, and Cognitive Changes
Your brain’s processing speed, attention, planning, and problem-solving can all be affected. And this is the part many people find hardest to describe.
You might lose your train of thought mid-sentence and forget conversations. Some victims even struggle to follow a TV show, or find that tasks you used to do on autopilot now take real effort.
Emotional, Family, and Employment Challenges
Brain injuries don’t just hurt the body. They may include mood swings, anxiety, depression, irritability, and personality changes. And these symptoms can put real strain on marriages and families.
Your work can become difficult or impossible, whether that means reduced hours, a lower-paying role, or even having to leave a career behind. These changes are real losses, and they belong in your claim.
Who Can Be Held Liable for a traumatic Brain Injury?
The responsible party could be a negligent driver, a trucking company, a property owner, an employer, or a contractor. It can also be a product manufacturer or a business that failed to keep people safe.
If your situation doesn’t look like a standard accident claim, that’s a good reason to talk to a lawyer early.
Proving Negligence in a Utah Brain Injury Claim
We generally need to show four things to win a brain injury claim in Utah:
- Duty: The other party owed you a duty of reasonable care, like a driver’s duty to follow traffic laws.
- Breach: They failed to meet that duty by speeding, texting, ignoring a hazard, or cutting corners on safety.
- Causation: That failure caused your injury.
- Damages: You suffered real losses as a result.
Call For a Free Consultation: (801) 268-2491
Utah’s Modified Comparative Fault Rule
Utah follows a modified comparative fault rule. If you’re found partly responsible for the accident, your compensation is reduced by your percentage of fault. For example, if a jury decides your damages are $400,000 and that you were 20% at fault, you’d recover $320,000.
The harder part is that if you’re found 50% or more at fault, you can’t recover anything (Utah Code § 78B-5-818). Insurance companies know this rule well, and they’ll often push to shift blame onto you.
Compensation Available in a Utah Brain Injury Claim
Cockayne Law ensures that your brain injury settlements in Utah cover your medical bills, lost wages, future care, and pain and suffering. We have also settled severe brain injury cases, securing six-figure settlements for victims.
Here’s a clear breakdown of the losses we cover in calculating your TBI claims.
Economic Damages:
- Emergency room visits and hospital stays
- Neurologist and specialist consultations
- Cognitive rehabilitation and physical therapy
- Lost wages during recovery
- Future medical care and lifelong support needs
Non-Economic Damages:
- Pain and suffering
- Cognitive impairment and memory loss
- Emotional distress and personality changes
- Loss of enjoyment of life
- Loss of independence and dignity
Wrongful Death Damages:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and guidance
- Surviving family’s emotional distress
Evidence That Can Strengthen a Brain Injury Claim
Because so much of a brain injury is invisible, evidence does a lot of heavy lifting. Helpful evidence often includes:
- Medical records, CT and MRI results, and neuropsychological testing
- Statements from treating doctors about your diagnosis, prognosis, and future care
- Police and incident reports, photos and video of the scene, and surveillance footage
- Witness statements
- Employment and income records showing how your work has been affected
- A symptom journal documenting your day-to-day struggles
- Observations from family, friends, and coworkers who’ve seen the changes firsthand
What to Do After a Suspected Brain Injury
If you think you or someone you love has a brain injury, here’s what you need to do:
- Get medical care right away: Even if you feel “mostly fine.” Some serious injuries don’t show obvious symptoms at first, and a prompt evaluation protects your health and your claim.
- Report the accident: Call the police if it was a crash, or notify the property owner, manager, or employer if it happened elsewhere.
- Document everything: Take photos, get names and contact information for witnesses, and write down what you remember while it’s fresh.
- Follow your doctor’s advice: Attend follow-ups and see specialists when referred.
- Be careful with insurance companies: You don’t have to give a recorded statement to the other side’s insurer, and you shouldn’t sign anything or accept a quick settlement before you understand the full extent of your injury.
- Start a symptom journal: Note headaches, memory lapses, mood changes, and missed work.
- Talk to a brain injury attorney: The sooner you do, the sooner evidence can be preserved.
How Utah Law Handles Brain Injury Claims
Utah gives you four years from the injury date to file a brain injury lawsuit.
Key Deadlines Under Utah Law
- General Personal Injury (Including Brain Injuries): Victims can file a lawsuit within 4 years from the date of injury under Utah Code 78B-2-307.
- Wrongful Death From Brain Trauma: Families have 2 years from the date of death to file a lawsuit for compensation under Utah Code 78B-2-304.
- Medical Malpractice Causing Brain Injury: You get 2 years to file a lawsuit against medical professionals, with an absolute 4-year cap under Utah Code 78B-3-404.
- Claims Against Government Entities: Victims have 1 year, and written notice is required before filing suit under Utah Code 63G-7-401.
Why Contact Cockayne Law About a Brain Injury?
Cockayne Law focuses on personal attention and direct communication throughout the legal process. But here are a few perks that make our law firm stand out.
Direct Attorney Communication
When you hire a law firm after a serious injury, you should know who is handling your case. Therefore, Cockayne Law gives you a clear way to communicate with our legal team.
Personal Injury Experience
Our legal practice is focused on helping victims who are suffering because of the negligence or wrongdoing of others. We understand the challenges that come with an injury claim, including medical treatment, lost income, insurance companies, and disputed liability.
We Handle the Insurance Process
You can focus on your recovery instead of dealing with insurance adjusters and settlement discussions. Cockayne Law can handle communications and negotiations with the insurance company as part of your representation.
We Build Claims Around Evidence
Every injury claim is different, so we examine the facts of the accident, available evidence, medical documentation, financial losses, and the individual circumstances of your case.
We Prepare for the Legal Process Ahead
Some injury claims require litigation. Therefore, our law firm prepares your case based on your circumstances. We walk our clients through the appropriate legal path when a fair resolution cannot be reached.
How Does the Legal Process Work at Cockayne Law?
We have mapped our legal process below for your convenience.
Free Consultation
We carefully listen to what happened and review your medical treatment so far. Then our brain injury attorneys tell you honestly whether we think you have a case or not.
Investigation
Our experienced Utah TBI lawyers gather police reports, accident scene evidence, and witness statements.
Medical Documentation
We work with your treating doctors and bring in specialists to build a complete documented picture of your brain injury and its long-term impact.
Negotiation
Cockayne Law also handles conversations with your insurance company, so you can stay stress-free while you’re trying to recover.
Litigation
Most cases usually settle when our expert brain injury attorneys step in to negotiate. But if an insurer won’t offer a fair number, we never hesitate to take your case to Utah court.
FAQs
If someone else may have caused your injury and you’ve had a head injury with ongoing symptoms, missed work, or significant medical bills, it’s worth a conversation. The same goes if an insurance company is pushing you to settle quickly or blaming you for the accident. A free consultation costs nothing and can help you understand where you stand.
Yes, it’s common for symptoms like memory problems, mood changes, or headaches to show up days or even weeks after the accident. The important thing is to get medical attention as soon as you notice them and to tell your doctor about the accident.
There’s no honest “average” number, because brain injury claims vary enormously. The value depends on how severe the injury is, how long recovery takes, what your future care will cost, how much work you’ve lost or will lose, how fault is assigned, and how much insurance coverage is available.
You may still be able to recover compensation. In Utah, as long as you’re less than 50% at fault, your recovery is reduced by your share of the blame. If you’re found 50% or more at fault, you’re barred from recovering. Because insurers often try to inflate the injured person’s share of fault, it’s smart to have a lawyer review the facts early.
You have four years from the date of the injury. But there are exceptions: wrongful death claims generally have a two-year deadline, and claims against government entities require a notice of claim within one year.
Speak With a Salt Lake City Utah Brain Injury Attorney
You should not have to deal with a serious brain injury, insurance companies, and a personal injury claim on your own.
[Legal Disclaimer]
This page provides general information about brain injury accident claims in Utah, including Logan, West Jordan, Sandy, Provo, Magna, Layton, St. George, Millcreek, Orem, Herriman, Salt Lake City, American Fork, Ogden, Midvale, Saratoga Springs, West Valley City, Draper, Spanish Fork, South Jordan, Eagle Mountain, Holladay, Lehi, Murray, Taylorsville, Cottonwood Heights, and the Rose Park neighborhood of Salt Lake City. This content is for educational purposes only and is not legal advice. Every brain injury accident case is unique. Consult a qualified Utah attorney for advice about your specific situation.
What Our Clients Say About Cockayne Law
Our Locations
6671 S Redwood Rd Ste 110, West Jordan, UT 84084, United States
574 E 1400 S, Orem, UT 84097, United States
2650 Washington Blvd, Ogden, UT 84401, United States
Area of Services
- kearns
- Murray
- magna
- St. George
- Orem Utah
- Cottonwood
- rose park
- West valley city
- Provo Utah
- Lehi Utah
- Millcreek
- Herriman
- taylorsville
- South Jordan
- west jordan
- Ogden
- Sandy
- Holladay
- American Fork
- Saratoga Springs
- Midvale
- Cottonwood
- Logan
- Eagle Mountain
