Head injuries often result in high-dollar auto insurance payouts. Explore compensation amounts from real Utah car accident lawsuits.
Head injuries caused by auto accidents can vary from minor cuts and bruises to catastrophic brain injuries. Severe head injuries are high-dollar insurance cases due to the extensive losses suffered by the victim.
The average settlement for a moderate head injury in Utah is $27,487. Payouts can range from $10,000 for minor injuries to over $348,500 for brain and skull injuries.
Average Utah Head Injury Settlements
We analyzed payout information from actual car accident head injury cases in Utah. Our sample group does not include wrongful death cases, or cases that did not receive a settlement or were lost at trial.
Average Payouts by Injury Severity |
|
|---|---|
| Minor Head Injury | $10,181 |
| Moderate Head Injury | $27,487 |
| Severe Head Injury | $241,100 |
Range of Payouts by Injury Severity |
|
| Minor Head Injury | $10,000 - $10,361 |
| Moderate Head Injury | $16,302 - $63,432 |
| Severe Head Injury | $100,000 - $348,500 |
How Head Injury Settlements are Calculated
Minor injury settlements are calculated by adding up the victim’s medical treatment costs, lost wages, and related out-of-pocket expenses, with an added amount to compensate for pain, suffering, and emotional distress.
Medical expenses for severe head injuries may include the cost of life-flight transport to a trauma center, emergency surgery, weeks in intensive care, and extensive rehabilitation services.
Serious head injury claims should be handled by an experienced car accident attorney. They will seek compensation for lost earning capacity, future medical and rehabilitation costs, loss of consortium, and more. Severe head injury victims may require assistance for the rest of their life.
Average Medical Costs for Common Head Injuries
Serious accident victims usually sustain multiple injuries in the crash. Fair compensation will include treatment costs for all accident-related injuries, not only head injuries.
- Facial Injuries: Treatment expenses for bruises, cuts requiring stitches, and broken facial bones can run from $1,464 for an emergency room visit for a few cuts and bruises to $8,000 for a broken nose. A broken jaw requiring surgical repair will cost between $10,000 and $30,000. Reconstructive facial surgery can run as high as $350,000, including nursing care, anesthesia, and hospital costs.
- Minor Concussions: Concussions are a type of brain injury caused by the brain being jolted against the inside of the skull during a collision. The average cost of a mild concussion is approximately $800, although the cost will rise with the additional expense of an MRI or CT scan.
- Skull Fractures: Conservative non-surgical treatment of a fractured skull with a mild to moderate concussion with emergency room costs, X-rays or CT scans, and a few follow-up visits will cost $2,000 to $5,000. Severe skull fractures that require emergency surgery cannot be considered separately from treatment for traumatic brain injuries.
- Traumatic Brain Injuries (TBI): The cost to treat moderate to severe traumatic brain injuries can range from a few thousand dollars to well over $100,000 for emergency treatment, which may include brain surgery to remove fractured bone or blood clots and an extended stay in a critical care unit. Inpatient rehabilitation will cost an additional $46,000 or more.
Factors Affecting Head Injury Payout Amounts
Other factors that impact injury payouts in Utah include:
- Injury Severity – Serious and permanent injuries resulting in disability or disfigurement settle for much higher amounts than relatively minor head or face injuries that will eventually heal.
- Shared Fault – Utah is a 50% modified comparative fault state. You can file an injury claim against the other party so long as you are less to blame for the crash than the other party. Your potential compensation will be reduced in proportion to your share of fault. If you are equally or more to blame than the other party, you can be barred from compensation.
- Auto Policy Limits – Utah mandates all drivers to carry insurance no less than $25,000 per person and $65,000 per accident bodily injury liability, and $15,000 property damage liability, or the driver may carry a single-limit policy for $80,000. The $25,000 minimum limit may not be enough to cover severe head injuries.
- Uninsured Motorist Coverage – Utah requires insurance carriers to offer uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) equal to the policy’s liability limits. The policyholder has the right to reject UI and UIM coverage.
- Multiple Claimants – The per-accident liability coverage carried by the at-fault driver may not be enough to go around when multiple victims are seriously injured.
- Venue and Jurisdiction – Some jurisdictions in Utah have a history of large court awards to car accident victims. The insurance company will often offer more to settle your injury claim to keep it out of courts with sympathetic juries.
- Punitive Damages: Punitive damages for willful malicious conduct or reckless indifference can only be awarded by a judge or jury in a court trial. Utah’s punitive damage law allows the first $50,000 to go to the plaintiff, any amount over that must be shared equally with the state. The limits do not apply if the victim was injured by a driver under the influence of drugs or alcohol.
Frequently Asked Questions
Minor Head Injury Case Examples
Minor head injuries may include a bump on the head, headaches, scratches or bruises to the face or head, and a bloody nose or split lip. Minor head injuries will heal within a week or so, with little medical care after the initial visit on the day of the crash.
Case Settles for Victim with History of Headaches
Type of Injury: Neck pain and headaches
Type of Accident: Rear-End
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was rear-ended by defendant, when he stopped during a sudden slowdown of freeway traffic. Plaintiff’s car sustained $1,300 in property damage. Plaintiff suffered neck pain and headaches. Plaintiff had a prior history of headaches. Defendant’s expert opined that Plaintiff’s injuries and medical care were not related to the motor vehicle accident. This case settled for $10,000.
Location: Davis County, Utah
Case Name and Docket Number: Ruiter v. Roberts, 990700445
Arbitration Award to Crash Victim with Pre-Existing Conditions
Type of Injury: Neck and back injuries; headaches
Type of Accident: Rear-End
Award/Settlement Amount: $10,361
Case Summary: Plaintiff was rear-ended by the Defendant. Plaintiff suffered neck and back injuries with headaches. She was treated with chiropractic manipulations and physical therapy. Defendant claimed the impact was minor with only minor property damage to the vehicles. Defendant argued Plaintiff had pre-existing problems of a similar nature with chiropractic treatments. She was also involved in a second motor vehicle accident which temporarily aggravated her condition. Defendant further argued Plaintiff received excessive manipulations and its expert claimed Plaintiff should have received 2-4 weeks of physical therapy, followed by a home exercise program. This case was arbitrated. Arbitrator awarded Plaintiff $6,361 in medical bills and $4,000 in general damages.
Location: Salt Lake, Utah
Case Name and Docket Number: Burdett v. Mancilla, 70909147
Moderate Head Injury Case Examples
Moderate head injuries include traumatic brain injuries in the form of a bad concussion, severe headaches, and lacerations to the face or head requiring stitches. Moderate head injuries will take longer to heal, and you may be out of work for several weeks or a few months until you recover.
Jury Award to Victim after Neurological Deficits Challenged
Type of Injury: Head injury-laceration near the temple resulting in cognitive and motor deficits; Others-neck pain, back pain, and headaches
Type of Accident: Side-Impact
Award/Settlement Amount: $16,302
Case Summary: Defendant ran a red light and broadsided Plaintiff’s vehicle, pushing it into a third vehicle. Plaintiff suffered a 4 cm laceration near his temple, and alleged cognitive and motor deficits following the accident. He also suffered neck pain, back pain, and headaches. Defendant admitted liability. The defense however, claimed that Plaintiff’s cognitive/motor deficits were anxiety-related, not due to the motor vehicle accident. The jury returned with its verdict in which Defendant was found at fault. The jury awarded plaintiff $16,302 in damages.
Location: Salt Lake, Utah
Case Name and Docket Number: Laguna v. Stevens, 980907685
Jury Awards Medical Costs to Victim of Low-Impact Crash
Type of Injury: Headaches, neck and back pain, and shoulder injury
Type of Accident: Rear-End
Award/Settlement Amount: $22,566
Case Summary: Plaintiff’s vehicle was rear-ended by Defendant. Plaintiff suffered headaches, neck and back pain, and shoulder symptoms leading to shoulder surgery. Defendant claimed the impact was at a speed of 5 mph or less and caused minimal damage to the two vehicles. Plaintiff’s symptoms were aggravated when she fell down four stairs sometime after the motor vehicle accident. Jury ruled that Defendant’s admitted negligence was a proximate cause of Plaintiff’s injuries. The jury found that Plaintiff had suffered no permanent impairment or disability as a result of the accident. The jury awarded Plaintiff $22,566.48 for past medical expenses. They awarded nothing for future medical bills and nothing for general damages.
Location: Utah County, Utah
Case Name and Docket Number: D’Agostini v. Parmley, 403092
Arbitrator Awards Medical Damages and Non-Economic Damages
Type of Injury: Neck and back pain, headaches, and numbness and tingling in his left arm and left leg/foot.
Type of Accident: Side-Impact
Award/Settlement Amount: $17,633
Case Summary: Plaintiff was involved in a motor vehicle accident with Defendant. The accident occurred at an intersection when defendant failed to obey a red light traffic signal and struck plaintiff’s vehicle on the passenger’s side. Plaintiff said he suffered neck and back pain, headaches, and numbness and tingling in his left arm and left leg/foot. Defendant admitted liability but disputed plaintiff’s claimed injuries and damages. This case was resolved through binding arbitration. Arbitrator awarded Plaintiff medical bills of $7,633, and general damages of $10,000.
Location: Utah County, Utah
Case Name and Docket Number: Andersen v. Kerr, 30400271
Defendant Denies Liability, Jury Awards Damages to Crash Victim
Type of Injury: Head injury-Temporomandibular Joint (TMJ) Disorder, facial pain and headaches
Type of Accident: Side-Impact
Award/Settlement Amount: $63,432
Case Summary: Plaintiff claimed defendant negligently rear-ended plaintiff’s vehicle at an intersection. Plaintiff claimed he suffered Temporomandibular Joint (TMJ) Disorder, facial pain and headaches as a result of the accident. The defendant denied liability and contended, as affirmative defense, a third party caused plaintiff’s injuries in a motor vehicle accident. Jurors found for the plaintiff and awarded him $63,432 in damages.
Location: Utah County, Utah
Case Name and Docket Number: Chatterton v. Walker, 940400027
Shared-Fault Reduction to Jury Award for Injuries
Type of Injury: Soft tissue neck & back injuries with closed head injury
Type of Accident: Rear-End
Award/Settlement Amount: $17,500
Case Summary: While making a lane change, Plaintiff was rear-ended by Defendant’s vehicle. Plaintiff claimed soft tissue neck and back injuries with closed head injury. Defendant vigorously contested liability claiming that plaintiff was negligent hence responsible for the accident and any injuries or damages he might have suffered. Jury determined that plaintiff was 20% at fault for the collision and defendant 80% at fault. Jury awarded plaintiff $17,500 following fault apportionment.
Location: Utah County, Utah
Case Name and Docket Number: Guzman v. Boyer, 50100177
Severe Head Injury Case Examples
Severe auto accident injuries may be life-threatening and potentially disabling. Victims often suffer injuries to multiple body parts and systems, such as traumatic brain injuries, spinal cord damage, internal injuries, and extensive fractures requiring surgery.
Victims who survive severe injuries may never fully recover from the collision. If they are able to return to work at all, it may be in a diminished capacity.
Jury Award to Victim with Prior Vehicle Accident
Type of Injury: Head injury-brain injury, tinnitus, hearing loss & vertigo; soft tissue neck and back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $100,000
Case Summary: Defendant pulled away from a stop sign and made a left turn in front of plaintiff, who had the right-of-way, causing a collision between the two vehicles. Co-defendant owned the vehicle operated by defendant. Plaintiff claimed she suffered brain injury, tinnitus, hearing loss, vertigo and soft tissue neck and back injuries as a direct result of the accident. Defendants admitted liability but contended that plaintiff’s injuries were proximately related to a prior motor vehicle accident. Jury returned a plaintiff verdict in the amount of $100,000.
Location: Salt Lake, Utah
Case Name and Docket Number: Wallace v. Roth Landscaping , 970905766
Jury Award to Victim after Defendant Challenges Injuries
Type of Injury: Back injury-3 herniated discs in cervical spine; closed head injury
Type of Accident: Rear-End
Award/Settlement Amount: $132,000
Case Summary: Plaintiff’s vehicle was rear-ended by Defendant on a snow-slickened road at 10 mph. Plaintiff’s head impacted the rear window of the pickup he was driving. He was also diagnosed with three herniated discs in his cervical spine. His doctor gave Plaintiff a 25% impairment rating and recommended a two-level discectomy and fusion. Defendant’s expert concluded that the disc injuries were not related to the motor vehicle accident and diagnosed Plaintiff with a severe sprain/strain of the cervical spine. This case was tried by a jury which returned a verdict in Plaintiff’s favor in the amounts totaling $132,000.
Location: Salt Lake, Utah
Case Name and Docket Number: Beffort vs. Damjanovich, 13700260
Injured Plaintiff Settles with At-fault Trucker
Type of Injury: Head injury-traumatic brain injury with post traumatic concussion syndrome; a fractured knee with lacerations, and cervical and lumbar spine disc herniations
Type of Accident: Side-Impact
Award/Settlement Amount: $300,000
Case Summary: Plaintiff, traveling southbound, entered a controlled intersection on a green light and was struck by a vehicle driven by defendant. Defendant was operating a truck as an agent of co-defendant, had made a left hand turn directly in front of plaintiff. Plaintiff suffered a traumatic brain injury with post traumatic concussion syndrome, a fractured knee with lacerations, and cervical and lumbar spine disc herniations. The plaintiff contended defendant made an improper turn, failed to yield the right of way, failed to keep a proper lookout, and failed to obey traffic rules. The defendants admitted liability for the accident. Plaintiff agreed to $300,000 settlement.
Location: Utah County, Utah
Case Name and Docket Number: Dawson v. National Wood Products, 70901549
Jury Award to Crash Victim Accused of Exaggerating Tremors
Type of Injury: Neck pain, tremor or shaking in hands and head
Type of Accident: Rear-End
Award/Settlement Amount: $325,000
Case Summary: Plaintiff was stopped waiting to make a left turn. Defendant was momentarily distracted and rear-ended plaintiff’s vehicle at a speed of 45 m.p.h. Plaintiff claimed neck pain, tremor or shaking in hands and head as a direct result of the accident. Plaintiff further contended that defendant driver was negligent in failing to keep a proper lookout, in failing to pay full time attention to the operation of his vehicle and in failing to stop within an assured clear distance ahead. Defendants admitted liability, but argued that plaintiff was exaggerating the extent of his injury and damages. Jury awarded plaintiff $325,000.
Location: Salt Lake, Utah
Case Name and Docket Number: Ashley v. Parish, 960700063
Jury Finds for Injured Victim Overriding Allegations of Shared Fault
Type of Injury: Head injury-fractured skull and subdural hematoma
Type of Accident: Head-On
Award/Settlement Amount: $348,500
Case Summary: Defendant crossed the center line and drove into Plaintiff’s vehicle which was traveling the opposite direction. Defendant was a 95-year-old man. Plaintiff claimed that Defendant caused the head-on collision when he blacked out from neglecting to take his medication. Further, that as a direct result of the collision, plaintiff suffered a fractured skull and subdural hematoma requiring craniotomy. Defendant contended that he was trying to make a left turn into a driveway at the time of the collision. He admitted that he failed to make a proper turn, but contended that plaintiff was contributorily negligent for driving too fast. Jury found defendant solely at fault for the accident and awarded plaintiff $348,500.
Location: Salt Lake, Utah
Case Name and Docket Number: Wayman v. Supersonic Car Wash Inc., 30900888
Methodology
We researched a group of real lawsuits filed on behalf of Utah car accident victims who suffered from a range of head injuries as a result of the accident.
Averages are calculated by adding the payouts for each case in a group, then dividing the total by the number of cases in the group. Payout amounts are rounded in the average and range sections.
This group does not include wrongful death cases, claims denied payment, or cases that lost in arbitration or at trial.