A traumatic brain injury (TBI) can alter every aspect of a person’s life. From memory problems and mood swings to lifelong physical disability, TBIs range from mild concussions to severe brain damage. But what are the recoverable damages after a traumatic brain injury in Denver? Does it apply to a mild traumatic brain injury, or is a severe traumatic brain injury necessary?
For accident victims in Denver, the path to healing is often long and expensive. Fortunately, Colorado law allows brain injury victims to pursue a personal injury claim to recover fair compensation from those responsible.
Understanding Traumatic Brain Injuries
A traumatic brain injury occurs when a sudden external force causes damage to the brain tissue. TBIs are usually the result of motor vehicle accidents, falls, sports injuries, or acts of violence. In legal contexts, TBIs often arise from car accidents, truck accidents, and medical malpractice.
Brain injuries are categorized into two main types:
- Closed head injuries: No skull penetration, often caused by blunt force or rapid movement (e.g., in motor vehicle crashes).
- Open head injuries (or penetrating brain injuries): When an object pierces the skull and brain.
Common Causes of Traumatic Brain Injuries in Denver
An experienced brain injury attorney can greatly add to a TBI claim. However, before connecting with a personal injury lawyer, you need to learn about the common causes. TBIs in Denver cause severe injuries and are frequently caused by:
- Car accidents and truck accidents
- Falls (especially in elderly populations)
- Sports injuries (football, hockey, skiing)
- Medical malpractice
- Assaults or workplace injuries
Any of these incidents, if caused by someone else’s negligence, may be grounds for a personal injury lawsuit. Victims should also know the signs and symptoms of a TBI before they seek compensation.
According to the Centers for Disease Control, there were over 69,000 TBI-related deaths in the United States in 2021. That’s a massive number that only shows how dangerous such cases can be.
Signs and Symptoms of a TBI
TBIs can be mild, moderate, or severe. Even a mild TBI, such as a concussion, can have lasting consequences. Common symptoms include:
- Physical symptoms: Headaches, dizziness, fatigue, nausea, blurred vision.
- Cognitive symptoms: Memory loss, trouble concentrating, confusion, slowed thinking.
- Emotional symptoms: Depression, anxiety, irritability, mood swings.
- Post-concussion syndrome: Symptoms lasting weeks or months after the initial injury. The concussion symptoms can often go undetected, risking the lives of victims.
In severe TBI cases, symptoms may include seizures, loss of coordination, slurred speech, and even coma or permanent disability. It all depends on how the accident happened. The worst part is, many subtle symptoms of TBI also go unnoticed, risking the lives of victims.
Medical Attention and Documentation Are Crucial
One of the most important steps after a head trauma is to seek medical attention immediately, even if symptoms seem minor. Mild TBIs can worsen without treatment. Medical records are not only vital for recovery but are also key evidence in a traumatic brain injury claim.
Your medical records, diagnostic imaging (MRI, CT scans), and documentation of medical treatment will form the foundation of your personal injury case.
The National Brain Injury Statistics and Colorado Brain Injury Statistics both indicate them as a serious problem.
Types of Recoverable Damages After a Traumatic Brain Injury
In a Denver traumatic brain injury case, victims may be entitled to recover both economic and non-economic damages through a personal injury lawsuit.
1. Medical Expenses (Past and Future)
Brain injury victims often require:
- Emergency room visits
- Surgery or neurosurgical care
- Hospitalization
- Medication
- Rehabilitation (physical, occupational, speech therapy)
- Psychological counseling
- Long-term care or home modifications
All medical expenses related to the injury—both immediate and anticipated—can be claimed. An experienced brain injury lawyer will work with medical experts to project future medical costs, especially for severe TBI cases involving permanent disability.
2. Lost Wages and Reduced Earning Capacity
After a brain injury, many people are unable to return to work immediately, if at all. If you’re an injured person unable to work due to brain trauma, you may be eligible to recover:
- Lost wages during your recovery
- Lost future earnings if the injury affects your ability to earn a living
- Lost benefits or bonuses
Your lawyer may use pay stubs, employment records, or expert testimony to calculate what you would have earned had the injury not occurred.
3. Pain and Suffering
Brain injuries often result in intense physical pain and emotional trauma. Colorado law allows compensation for:
- Physical discomfort
- Anxiety and depression
- Loss of enjoyment of life
- Chronic fatigue
- Sleep disturbances
These non-economic damages are subjective but real, and often significant. They reflect the full scope of how your life has changed after the accident.
4. Loss of Consortium
In serious TBI cases, the injured person’s relationships suffer. Spouses or family members may be entitled to damages for:
- Loss of companionship
- Strain on marital or parental relationships
- Loss of sexual function or emotional intimacy
A skilled Denver brain injury attorney can explain if this applies to your situation.
5. Punitive Damages (In Rare Cases)
In cases involving gross negligence—such as drunk driving or reckless conduct—Colorado courts may award punitive damages to punish the wrongdoer and deter similar behavior. While not common, these damages may apply in cases involving egregious fault or misconduct.
Who Can File a Brain Injury Claim in Denver?
A brain injury claim can be filed by:
- The injured person
- A legal guardian (for minors or incapacitated adults)
- The personal representative of the injured person’s estate (in wrongful death cases)
If a brain injury victim dies due to their injuries, their family may file a wrongful death claim under Colorado law.
How Insurance Companies Undervalue Brain Injury Cases
Insurance companies often try to minimize brain injury claims, arguing:
- The injury was “mild” or temporary
- The victim had a pre-existing condition
- There’s no visible damage (especially with closed head injuries)
That’s why it’s essential to work with a traumatic brain injury lawyer who can present clear, medically backed evidence of the full extent of your injuries.
Why Brain Injury Cases Are Complex
1. Delayed Symptoms
Some TBIs don’t show up on scans or manifest immediately. A victim may seem “fine” after an accident, only to develop serious symptoms days later.
2. Invisible Injuries
Unlike broken bones, TBIs are often invisible injuries, making them harder to prove without solid documentation and expert support.
3. High Costs of Care
Severe brain injuries can lead to lifelong care needs, which must be factored into the claim. Many brain injury victims require:
- Round-the-clock assistance
- Mobility devices
- Special education or training
These long-term costs can easily exceed hundreds of thousands—or millions—of dollars.
How a Denver Brain Injury Lawyer Can Help
If you’re dealing with the consequences of a brain injury, a Denver brain injury lawyer can:
- Gather medical evidence
- Coordinate with neurologists, therapists, and specialists
- Estimate long-term costs and losses
- Handle negotiations with insurance companies
- File a personal injury lawsuit if necessary
A lawyer helps you seek financial compensation that fully addresses your suffering, care needs, and lost opportunities.
Statute of Limitations in Colorado Brain Injury Cases
In Colorado, you generally have two years from the accident date to file a personal injury claim, or three years if the injury was caused by a motor vehicle accident. This deadline is critical.
Waiting too long could result in losing your right to pursue compensation, regardless of how severe your brain injury is.
What to Do After a Suspected TBI in Denver
- Seek Medical Attention Immediately
Even if you feel fine, symptoms may be delayed. Prompt care is vital. - Document Everything
Keep medical bills, diagnostic reports, and records of lost work. - Avoid Speaking with Insurance Adjusters Alone
Insurers may attempt to downplay your injuries. Speak to a lawyer first. - Consult a Brain Injury Attorney
Get a free consultation from a Denver brain injury attorney to protect your rights.
Recovering from a Brain Injury Is Difficult—Getting Justice Shouldn’t Be
The path to recovery after a brain injury is exhausting—physically, emotionally, and financially. But you don’t have to walk it alone. With the help of a seasoned traumatic brain injury lawyer, you can pursue the maximum compensation allowed under Colorado law.
Whether your injury resulted from a car accident, medical malpractice, or a sports injury, you deserve justice for the pain and disruption to your life. Let an experienced advocate fight for what you’ve lost—and what you’ll need to rebuild.
Need Help With a Brain Injury Case in Denver? Contact BLG
Contact a trusted Denver brain injury attorney today for a free consultation. Let a skilled legal team evaluate your case, explain your options, and help you recover the compensation you’re entitled to.
1-800-870-8910