Traumatic Brain Injury (TBI)

Every year in America, 1.4 million people suffer a traumatic brain injury, resulting in 50,000 fatalities and 235,000 hospitalizations. About half of those hospitalized have long-term impairment that affects their ability to perform everyday activities.

To protect the rights of the injured individual, including the financial security to obtain appropriate care, an experienced lawyer familiar with the needs of the brain injury victim is needed. At Chalat Hatten & Koupal PC, we have that experience, yet we also understand that each brain injury is as unique as each client. We approach each brain injury case from a fresh perspective and learn the detailed facts. Our ability to give the highest level of personal attention to each client is essential to our success. We make it a point to answer all the questions of our clients, and we address each concern in a professional and compassionate manner. Contact a lawyer at our office today and schedule a consultation to discuss your options.

You do not have to be traveling at a high rate of speed or strike a hard object in order to suffer a traumatic brain injury. Serious brain injuries can result from falls, car accidents, sports activities and work-related accidents. Any kind of trauma to the head or neck region can cause the brain to bruise, bleed, tear or swell. Too often, the injury results from the negligence or misconduct of another, injuring an innocent victim.

There are two general types of head injuries: open and closed. An open injury means the skull has been fractured, and this kind of brain injury usually results from falls or other accidents in which the head comes in direct contact with a hard surface or object. A closed head injury does not involve a fracture, but can be more serious than an open injury due to the possibility of brain swelling and the formation of dangerous blood clots inside the skull. Whether a brain injury is open or closed, the most serious of either type can cause paralysis, loss of consciousness and even death.

Brain injuries can cause so many changes in lifestyle for the injured victim and his or her family and friends. Physical, cognitive, social and vocational changes are extremely common. Recovery can be a lifelong process of adjustments and accommodations. Appropriate treatment of a brain injury may be extremely complicated and expensive, involving diagnostic testing, drugs, surgery and rehabilitation. Full treatment, including rehabilitation, may involve a team of medical caregivers, including a neurologist, neurosurgeon, physiatrist, neuropsychiatrist, vocational expert, life-care planner, neuro-psychologist, and physical, occupational and speech therapists. Securing proper medical care alone can be a full-time pursuit for an injured individual or family members.

The Centers for Disease Control and Prevention estimates that at least 5.3 million Americans currently have a long-term or lifelong need for help to perform activities of daily living as a result of a traumatic brain injury. According to one study, about 40% of those hospitalized with a traumatic brain injury had at least one unmet need for services one year after their injury.

If you or a loved one have experienced a brain injury as the result of an accident or another's negligence, you should seek medical and legal assistance as soon as possible. At Chalat Hatten & Koupal we have the experience with traumatic brain injury claims to answer your questions and provide aggressive legal representation. Please contact or call us at 866-701-7292 today for a free consultation.

Examples of Our Success

Ski Collision at Snowbird Results in $1.5 Million Settlement

Johnny Kotun, age 28, was an expert recreational skier. On March 25, 2007 at 4:00 PM, Kotun was traversing along a lower cat walk across the "Wilbere cutoff" and was headed toward one of the lower parking lots at Snowbird Ski Resort. Defendant, a 16-year-old off-duty junior ski instructor, was descending the cutoff, directly under the Wilbere chair lift. Defendant took a jump off of a transition, and performed a 360. He landed, carved two wide arc turns and collided at high speed into Kotun. Kotun was seen and heard waving his arms and shouting at defendant to avoid him in the moments before the collision. At impact, Kotun was ejected from his skis and thrown into a nearby tree. Defendant also went airborne into the tree. About 25' from the point of impact was a large, orange SLOW banner. The testimony from witnesses (including chairlift passengers who reported to the scene) and the defendant formed a basis for our expert to establish a minimum speed at point of impact > 42 mph.

Defendant sustained a non-displaced pelvic fracture, a concussion (no helmet) and bruising to his kidneys and spleen. He recovered without any impairment.

Kotun sustained mandibular and maxillary fractures. Although he was wearing a helmet, Kotun also sustained an intra cerebral and frontal lobe hemorrhage, and a severe shear injury.

He recovered from the facial fractures but is now hemi-plegic on his left side, and has significant cognitive and speech impairments. His ability to live independently and earn an independent living has been lost.

The parties settled for the policy limits of $1.5 Million. A significant portion of the settlement payment was structured. The case was filed in Salt Lake County District Court and local counsel on the case were Craig Adamson and Craig Hoggan of Dart Adamson and Donovan of Salt Lake City, Utah.

Fireman Plunges Over Open Edge of Ski Run

Client suffered disabling brain damage in a skiing accident on a ski trail maintained at a ski area near Harrisonburg, Virginia by Massanutten Ski Resort.

His brain injuries were totally disabling, requiring full time institutionalization. He suffers permanent and profound physical, mental and psychological deficits. He is confined to a wheelchair and suffers uncontrollable bouts of frustration and anger. His intellectual capacity is severely limited. He communicates with simple notes, and he can manage no more than a game of BINGO.

Massanutten Mountain forms a ridge east of the Shenandoah Mountains. Massanutten Ski Resort has a peak elevation of about 2900 ft. above sea level. It has 11 slopes, 8 lighted, a quad chairlift, and over 1,110 feet of vertical drop. Slopes are typically open from mid-December until mid-March, with 100% snow-making capacity. Its longest two runs are both man-made, the 3,400-foot Diamond Jim and the 4,100-foot ParaDice. Using the cut-and-fill construction method, both of these were completed by Massanutten in late 1991. Client's accident occurred on Diamond Jim, just two days after it had opened to the public.

In a motion for judgment alleging negligence on the part of Massanutten, Client's wife sought recovery of damages for his injuries. A jury returned a verdict in the Client's favor in the amount of $6,170,563.00. The jury found no contributory negligence and no assumption of risk. Upon the motion of Massanutten, the trial court set the verdict aside and entered judgment in favor of Massanutten.

The trial judge determined that there was insufficient evidence to support the verdict, giving credence to defendant's contention that the result was merely a "sympathy verdict." We filed a petition for writ of certiorari to the Supreme Court of Virginia. The writ was granted. The Supreme Court reversed the judgment and reinstated the verdict.

Minor Snowboarding Recklessly Collides With Stationary Skier

C.D. and others in her family were standing in open sight on the Sugar N' Spice trail, at the Sierra-at-Tahoe ski resort. Along that trail, uphill from the site of this accident, there were numerous "slow" signs and "slow ski/slide zone" signs advising skiers and riders to proceed slowly along that run. Defendant, P.K., chose to ride his snowboard at a very high rate of speed down Sugar and Spice. He executed a jump and collided with C.D. at a very high rate of speed, knocking her to the ground, rendering her unconscious, and inflicting a traumatic brain injury. The defendant admitted in writing, both in his Collision Statement and his deposition, that he was "going pretty fast." This despite the clear markings on the slope and on the map that "Sugar N' Spice" is a Slow Ski Area, and is designated by signs at the top of the Grandview Express as the "Easiest Way Down."

P.K. was a season pass holder at Sierra -at-Tahoe. He testified that he had previously snow boarded at Sierra-at-Tahoe during the 2004-2005 season "five or six" times prior to the accident. Following the incident, and before patrol arrived, a witness reported that P.K. left the scene. Counsel for plaintiff effectively argued that flight is an indication of guilt. Patrollers reported that C.D. was unconscious and unresponsive during the entire evacuation.

After immobilizing C.D. and transporting her on a snow cat, Sierra-at-Tahoe transferred her via helicopter to Washoe Medical Center. There, she was diagnosed with a severe closed head injury, a sub-arachnoid hemorrhage on the right side of her brain, and a subdural hemorrhage on the left side of her brain, causing a 5 mm shift. She also sustained a Level III liver injury. She was maintained on respiratory support in ICU for 36 hours and was extubated after 72 hours. She was transferred to a facility closer to her family, then admitted to rehabilitation unit for fifteen days. Ultimately, she was discharged with a diagnosis of traumatic brain injury and secondary cognitive deficits. The total billings for the evacuation and hospital treatment were $235,088.77.

On May 5, 2005, as counsel for C.D. we filed the action in California. In July, 2006 the case settled for $700,000.00.

Contact an attorney at Chalat Hatten & Koupal PC today.

"Past results are no guarantee of future results."

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  • James H. Chalat
  • Linda J. Chalat
  • Russell Ray Hatten
  • Christopher Paul Koupal
  • Evan Phillip Banker
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Chalat Hatten & Koupal
1900 Grant Street, Suite 1050
Denver, CO 80203
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Phone: 303-502-5007
Toll Free: 866-701-7292
Fax: 303-861-0506
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