Tips for Filing a Brain Injury Claim in Utah
Written by AskTheLawyers.com™ on behalf of Kevin Swenson with Swenson & Shelley Injury Attorneys.
Brain injuries, often referred to as traumatic brain injuries (TBIs), can result in long-term and even permanent challenges for a victim’s health, happiness, finances, and relationships. Even brain injuries that appear mild or moderate at first can cause significant lasting damage without proper recognition and treatment.
Whenever someone suffers a brain injury as the result of negligent or intentional conduct from another party, the injured party may be eligible to file a claim seeking compensation for their damages. Damages in a brain injury claim may include medical bills, lost wages, pain and suffering, and more. However, it’s important to keep in mind that every state has its own unique laws, requirements, and deadlines regarding brain injury claims.
Brain injuries are common in but not limited to the following situations:
- Falling objects
- Car accidents
- Truck accidents
- Motorcycle accidents
- Sports and recreation
In Utah, most TBI victims have four years from the date of the accident to file a claim.
The statute of limitations or window of time in which someone is eligible to file a lawsuit seeking recovery for their damages varies from state to state by case type. In Utah, brain injury victims and their families have four years from the date when the injury was sustained to file a claim before they are no longer eligible to do so.
However, if the brain injury was the result of medical malpractice, the victim may have only two years from the date of the injury to file a claim. The process of collecting pertinent evidence and actually filing the claim can take some time, so it’s important to start the process as soon as possible to avoid missing a deadline.
Brain injuries are not always apparent right away; TBIs are often recognized by family members.
Signs to watch out for that may indicate the presence of a brain injury in yourself or a loved one include but are not limited to:
- Mood swings
- Becoming angry, irritable, or combative without apparent cause
- Difficulty concentrating
- Difficulty remembering things
- Difficulty sleeping
- Difficulty waking up
- Changes in personality
- Slurred speech
- Lack of interest in previously enjoyed activities
- Persistent headaches
- Depression and anxiety
- Decreased coordination
- Unusually drowsy
- All-around unusual behavior
- Seizures or convulsions
Brain injury lawsuits require a variety of evidence to prove not only what happened, but how it has affected the injured party.
If you suspect that you or a loved one may have suffered a brain injury, it’s important to begin collecting evidence to document the situation as soon as possible. For example, medical bills and testimonies from those who knew the witness before and after the injury will help prove not only what kind of injury occurred, but also how it affected the victim. If the TBI victim is unable to return to work or unable to work in the same capacity as they did before, this will also need to be documented. If the injury occurred in an accident, pictures from the scene of the accident and eye-witness testimony can also help convince a jury of the severity of the situation.
To learn more about brain injury litigation in Utah, or for help filing a claim on behalf of yourself or a loved one, reach out to a TBI attorney in-state.