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BRAIN INJURIES AND THE LAW

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BRAIN INJURY BASICS

Brain injuries fall into one of two categories: traumatic injuries or acquired. Traumatic injuries are often the result of some sort of impact. Concussions, contusions, and penetrative injuries are all considered traumatic. Acquired injuries are the result of oxygen deprivation. Like every other part of your body, your brain needs oxygen in order to function. Long amounts of deprivation can lead to the death of cells in the brain.

Sustaining a brain injury can have profound consequences on a person's life. The following are just some of the many possible repercussions they may have to deal with:

  • cognitive or other types of therapy

  • difficulty keeping an intellectually demanding job.

  • long term emotional and psychological effects

  • impaired movement and strength, leading to the use of a cane, wheelchair or walker

  • overall lowered quality of life

WHY SHOULD YOU FILE A CLAIM?

If you have sustained a brain injury as a result of another's careless behavior, it is your right to file a claim against them in court.

If you file a claim, you may be able to collect damages. Such monetary compensation can be extremely helpful in a lot of ways. First, it can help you pay for any necessary therapy needed for your injury. Cognitive, psychological, or physical therapy may be long term depending on the extent of your injury and the costs can add up quickly. It can also be beneficial if your injury has left you unable to work while you recover and may affect your ability to earn a living in the future.

A serious injury can have a huge impact on your relationships. Money may not be able to help here, but with money troubles taken care of, you can focus more intently on rebuilding relationships in your post-injury life.

WHEN SHOULD YOU FILE A CLAIM?

There is only a limited window in which to file your claim so it's always best to do so sooner rather than later. In some cases, it may take a while for an injury to manifest itself and for the injured party to fully realize their situation. In such a case, you may be able to rely on the rule of discovery in which the timer on the statute of limitations doesn't start ticking until you've made that realization.


For answers to specific questions about your particular situation, contact one of our lawyers today. We're always happy to help.

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Salt Lake City, UT 84106

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