St. George Brain Injury Lawyer

By:
Kigan M
| August 14, 2024
St. George brain injury lawyer

Losing a loved one is never easy, and when their death results from someone else's negligence, it can be even more devastating. BAM Personal Injury Lawyers' team of dedicated brain injury lawyers in St. George understand the emotional and financial burdens families face when filing a personal injury claim for a head injury.

The results, mounting medical bills, and difficulties of brain injury lawsuits can be overwhelming. Our law firm aims to help you recover compensation from the at-fault party. We negotiate with their insurance company, allowing you to focus on healing and rebuilding your life.

Trust BAM Personal Injury to provide the compassionate support and legal expertise needed for personal injury lawsuits.

What is Brain Injury?

What is brain injury

A brain injury is when there is damage to the brain, whether from external force, illness, or internal issues like lack of oxygen.

Injuries can range from mild concussions to severe traumatic brain injuries, or TBIs, that have ongoing effects on a person's life. Knowing the nature and extent of a brain injury is important to know the right course of treatment and legal action for personal injury claims.

According to Utah's Department of Health & Human Services, each day, about 25 individuals are treated and discharged from emergency rooms due to traumatic brain injuries. Six people are hospitalized, and sadly, one person loses their life daily from a severe injury to the brain.

The impacts of a brain injury affect cognitive abilities, physical capabilities, and emotional well-being. Symptoms may not always be clear and can develop over time, complicating diagnosis and treatment. It's important to seek medical attention if a brain injury, as early intervention can improve outcomes.

Types and Severity of Brain Injuries

Brain injuries are sensitive situations, making each case unique. Awareness of these differences is important for providing appropriate legal and medical support.

  • Concussions: A concussion is a damage to the head that could lead to trauma. A bump or blow to the head can cause this injury. Although called mild concussions, they can have serious effects, particularly if they occur repeatedly. Symptoms often include headaches, dizziness, and memory problems lasting for weeks or longer.
  • Contusions: These are bruises on the brain tissue caused by direct impact on the head that could lead to swelling, increased pressure on the brain, and in severe cases, require surgical intervention. Contusions can have long-term consequences, affecting cognitive functions and physical abilities.
  • Diffuse axonal injury: DAI occurs when the brain rapidly shifts inside the skull, causing the tearing of nerve fibers. A diffuse axon is a type of injury common in car accidents and can result in severe brain damage or coma. These injuries usually need rehabilitation. Recovery from lost functions may leave lasting disabilities.
  • Penetrating brain injury: A penetrating injury to the brain is when an object pierces the skull and enters the brain tissue. Such injuries are often life-threatening and can cause significant neurological damage. Treatment involves surgery and long-term rehabilitation for cognitive challenges that could follow.

Common Causes of Brain Injuries

Brain injuries can happen in various circumstances, often as a result of accidents or negligence. Understanding the common causes helps us identify liable parties and pursue justice for our clients.

  • Motor vehicle accidents: Car, motorcycle, and truck accidents are the leading causes of brain injuries. The force of a collision can result in the brain hitting the skull, leading to concussions or more severe injuries.
  • Falls: Slips and falls, whether at work, home, or public spaces, are another common cause of brain injuries. Falls can lead to head impacts that cause anything from minor concussions to severe brain trauma. Property owners are liable if negligence contributed to unsafe conditions that led to a fall.
  • Sports injuries: Athletes are at risk of brain injuries in contact sports like football, hockey, and boxing. Repeated concussions in sports can lead to chronic traumatic encephalopathy (CTE), a degenerative brain condition.
  • Assaults: Acts of violence can result in severe brain injuries, with both immediate and long-term effects on victims. Assault-related brain injuries involve criminal proceedings besides civil claims for damages.

Symptoms and Long-term Effects

Symptoms and long-term effects

Brain injuries can manifest through various symptoms and impact a person's life. These symptoms may be physical, cognitive, or emotional distress and can vary according to the injury's severity. Early diagnosis is important for preventing these symptoms and improving quality of life.

Symptoms of Brain Injury

Common physical symptoms include headaches, dizziness, and fatigue long after the initial injury. Some individuals may experience more symptoms, such as seizures, loss of coordination, or difficulty with speech and movement.

It's important to seek medical evaluation if any physical symptoms arise, as they may show a brain injury that requires treatment.

Cognitive and Emotional Impacts

Cognitive and emotional impacts

Brain injuries often affect cognitive functions, leading to memory, attention, and problem-solving issues. These cognitive challenges can significantly impact daily life and may require effective treatment.

Emotional changes are also common, with individuals experiencing mood swings, depression, or anxiety.

Statute of Limitations for Brain Injury Lawsuits

Utah has a statute of limitations or deadline for filing a brain injury lawsuit. According to Utah law code 78B-2-304, the deadline for a personal injury lawsuit for a brain injury is two years from the date of the injury.

However, exceptions may apply depending on the case's specifics, such as when the injury was discovered later. Speaking with a legal professional is important to ensure your claim is filed within the appropriate timeframe.

Establishing Liability

Establishing liability

Liability is established in brain injury cases when the party or parties responsible for the injury are identified. The process requires a thorough investigation of the circumstances of the incident, including gathering evidence and witness statements.

Liability can often be difficult in cases involving many parties or contributory negligence.

Proving Negligence in Brain Injury Cases

Proving negligence is an important factor of any brain injury claim, as it establishes the basis for holding the liable party accountable. Proving the neglect should prove that the responsible party had a duty of care and could not keep up with it, resulting in an injury. You can recover money for lost wages or any lost income.

Gathering Evidence for Your Case

Collecting and presenting evidence is key in brain injury cases. Evidence can include medical records, expert witness reports, accident scene photos, and more. Evidence collection aims to show how the injury someone else's negligence caused.

Why Choose a Personal Injury Attorney

Choosing a personal injury lawyer is essential to handling the difficulties of brain injury cases. A skilled lawyer provides invaluable support and expertise and protects your rights.

Expertise in Brain Injury Cases

BAM Personal Injury Lawyers' expertise is handling brain injury cases. We understand the challenges these cases entail and have the knowledge necessary to address them effectively.

Our attorneys are familiar with the medical concerns of brain injuries and work closely with medical professionals to build strong cases. Our knowledge and expertise allow us to advocate effectively for our clients, pursuing the compensation they need for recovery.

Experience and Track Record

Our firm has received many testimonials and has won many cases representing brain injury victims. We have handled many cases and secured favorable outcomes for our clients, earning a reputation for excellence in personal injury law.

Our experience equips us to handle even the most complex lawsuits, and we are committed to achieving the best possible results for those we represent. Clients can trust that they are in capable hands when choosing BAM Personal Injury Lawyers.

Help with Filing a Brain Injury Claim

Help with filing a brain injury claim

Filing a brain injury claim involves tackling a tough legal process that can be challenging without professional guidance. Our team at BAM Personal Injury Lawyers is here to guide clients through each step of filing a claim, from initial consultation to final resolution.

We handle all process aspects, including paperwork, negotiations, and court appearances, so our clients can focus on their recovery. Our support makes clients confident that their claims are managed efficiently and effectively.

Settlement Negotiations

Settlement negotiations involve discussions between the victim's legal team and the liable party to reach a fair compensation agreement.

These negotiations require careful consideration of all damages and the strength of the evidence presented. Our attorneys are skilled negotiators who strive to maximize compensation for our clients.

Strategies for Maximizing Compensation

Maximizing compensation in a brain injury case involves carefully building and presenting the claim. Strategies include thoroughly documenting all damages, from medical costs to emotional impacts.

Engaging expert witnesses can strengthen the case by providing credible support for the extent of the injury and its effects. Our team employs these strategies from experience, leading our clients to receive the compensation they deserve.

Frequently Asked Questions

Understanding the legal process can be challenging, so we address common questions and concerns from our clients. Below are answers to some frequently asked questions about brain injury cases.

How long does the process take?

The duration of a brain injury case depends on factors such as the case's complexity and the parties' willingness to negotiate. Some cases are resolved in months, while others may take years to conclude.

What if the injury occurred at work?

The victim may be entitled to workers' compensation advantages if a brain injury occurs at work. Additional claims against third parties may also be possible, depending on the circumstances

Are there any upfront costs?

At BAM Personal Injury Lawyers, we operate on a contingency fee basis. The contingency fee means clients do not pay upfront costs. Our fees are only collected if we secure compensation for our clients, ensuring access to legal representation regardless of financial situation.

Contact BAM Personal Injury Lawyers for a Traumatic Brain Injury Lawsuit

Contact BAM Personal Injury Lawyers for a traumatic brain injury lawsuit

The aftermath of a brain injury can be overwhelming, but you don't have to face it alone as you seek compensation. Our experienced personal injury attorneys at BAM Personal Injury Lawyers are dedicated to guiding you through the process.

A St. George brain injury lawyer will assist you whether your injury resulted from a car accident, medical malpractice, or another cause. We understand the importance of securing financial compensation to cover medical treatment and other expenses, and we are committed to fighting for your rights.

If you are considering a personal injury lawsuit, let our knowledgeable personal injury attorneys provide the support and expertise needed to achieve the best possible outcome for your case.

Contact us for a free consultation to speak with an experienced attorney to pursue compensation for catastrophic injuries.

KIGAN Martineau
PERSONAL INJURY LAWYER

Kigan Martineau, a seasoned Partner at BAM Injury Law, is a champion for those injured in vehicular mishaps, including car, eScooter, and bicycle accidents. His legal journey is marked by notable victories against major trucking companies like Matheson, UPS, and Swift Transportation, where his strategic litigation has resulted in significant client settlements. 

Notably, Kigan secured the highest settlement in Southern Utah, a record-setting figure that underscores his prowess in the courtroom. His deep-rooted commitment to his clients and his skill in personal injury law have helped recover over $100 million in resolutions, affirming his position as a leader in Southern Utah’s legal landscape.
Schedule Your Free 
Consultation
Schedule Your
Free Consultation

"*" indicates required fields

Full Name*
Required Fields *
This field is for validation purposes and should be left unchanged.
Schedule Your
Free Consultation
Fill out the form

"*" indicates required fields

Full Name*
Required Fields *
This field is for validation purposes and should be left unchanged.
chevron-down