Brain Injury Lawyers in Colorado
Table of Contents
ToggleYour brain is safely encased in your skull, but in the event of a traumatic brain injury, your brain can bounce around inside this structure, sustaining bruising, bleeding, swelling, and damage. With nowhere to go, the brain sustains additional damage as it pushes up against the inside of the skull, causing life-threatening brain damage.
If you have suffered a serious brain injury, consult with brain injury lawyers in Colorado. Your injury is likely to be expensive, and you will want information about ways you may be able to get compensation. After any serious injury, contact the Colorado offices of Flaxman Law Group at 970-999-0530 for a free consultation with a lawyer who can explain any options you may have.
What Are the Symptoms of a Brain Injury?
Symptoms of a brain injury can vary depending on the severity of the injury, but they can include the following:
- Headache or pressure in the head.
- Dizziness or balance problems.
- Nausea and vomiting.
- Loss of consciousness.
- Vision or hearing problems.
- Difficulty speaking clearly or slurred speech.
- Memory problems.
- Confusion or disorientation.
- Difficulty concentrating or focusing.
- Problems with decision-making or impaired judgment.
- Mood swings.
- Depression and.
- Increased irritability or aggression.
- Withdrawal from family and friends.
- Insomnia (difficulty sleeping) or hypersomnia (excessive sleep).
- Fatigue, even with plenty of rest.
- Weakness, numbness, or paralysis in one part of the body.
- Clear fluid leaking from the nose or ears.
Not every brain injury patient will have these symptoms. In fact, many people who sustain a head injury experience no symptoms at first, which can result in life-threatening delays in seeking treatment. In some cases, symptoms are subtle and develop over time, even with a very severe brain injury. Delays cost lives. If you have hit your head or there is any chance you may have sustained a head injury, always treat it like an emergency. Get a medical evaluation as soon as possible. It may save your life.
Types Compensation in Brain Injury Case
In cases where another party’s negligence or intentional actions caused a brain injury, victims may be entitled to compensation to help cover these costs and compensate for the pain and suffering endured. If you or a loved one have a legal claim, you may be able to seek compensation for:
- Medical expenses. One of the most significant types of compensation available in a brain injury case is for medical expenses. Brain injuries often require extensive medical treatment, including emergency care, hospitalization, surgeries, physical therapy, and long-term rehabilitation. If the injury is severe, the individual may need specialized care for the rest of their life, and the patient can seek financial recovery for this expected medical care, too.
- Lost wages. If the injury leads to missed work or prevents the victim from returning to their previous employment, they may be entitled to compensation for their lost wages. This includes not only the wages already lost due to the injury, but also future earnings if the victim is unable to return to work or if their earning capacity is reduced.
- Pain and suffering. This type of compensation is intended to address the non-economic damages caused by the injury. Pain and suffering may include both the physical pain from the injury itself and the emotional distress resulting from the long-term impacts, such as anxiety, depression, and frustration over an altered quality of life.
- Loss of consortium. A brain injury can profoundly impact the victim’s relationships with family members and loved ones. Loss of consortium refers to the harm caused to a family member’s relationship with the injured party due to the effects of the brain injury. This may include the loss of companionship, affection, and intimacy, as well as the strain on the family dynamic.
- Punitive damages. In rare cases, these damages are awarded as a punishment for the defendant’s wrongful behavior. They usually occur only in cases where a defendant’s actions were especially objectionable.
- Additional costs. Brain injury sufferers may need to pay for incidental costs, such as installing ramps, making the home wheelchair accessible, or adding other accommodations. A legal claim can help victims pay for these additional expenses.
The compensation you can get in a brain injury claim can vary widely, depending on the specifics of your case. In a consultation, brain injury lawyers in Colorado can help you understand what financial recovery you may qualify for.
Types of Traumatic Brain Injuries
Traumatic brain injury (TBI) can vary widely, from relatively mild injury to life-threatening emergency. Medical professionals typically classify TBIs as follows:
- Concussion. A concussion is the most common type of traumatic brain injury and is sometimes referred to as a mild TBI. It occurs when the brain is jolted or shaken inside the skull, typically as the result of a blow to the head. While concussions are often not life-threatening, if you sustain a second head injury before healing from an initial concussion, that second injury can be far more serious.
- Diffuse Axonal Injury (DAI). DAI occurs when the brain undergoes rapid movement that causes the brain’s long nerve fibers (axons) to stretch and tear, disrupting the brain’s ability to communicate with itself. DAI typically results in widespread damage throughout the brain and often leads to a coma.
- Penetrating brain injury. A penetrating brain injury occurs when an object, such as a bullet or knife, penetrates the skull and enters the brain. This type of injury is less common but tends to be more severe due to the direct damage caused to the brain tissue.
- Coup-contrecoup injury. A coup injury is one where damage occurs to the area of the brain that was directly struck. In a contrecoup injury, the injury happens on the opposite side of the brain. In severe cases, the brain bounces back and forth and both sides of the brain are injured. This type of injury can cause widespread damage and is often seen in car accidents or incidents involving violent shaking.
- Hemorrhage. A hemorrhage occurs when blood vessels in or around the brain rupture, causing bleeding. These are medical emergencies that require immediate intervention to prevent further damage to the brain. Surgery may be necessary to stop the bleeding and reduce pressure on the brain.
It’s important to note that even mild TBIs can have uncomfortable side effects, so it’s important to see a medical professional and to get a treatment plan. A doctor can evaluate the severity of the injury and help you understand what you need to do.
What Is Considered a Serious Brain Injury?
In general, a serious brain injury is one that significantly impacts the brain’s ability to function properly, affecting the patient’s everyday life. These injuries often require immediate medical attention, extensive treatment, and long-term care. The severity of the injury can depend on factors such as the force of impact, the area of the brain affected, and the overall health of the individual.
Common Causes of Traumatic Brain Injuries
Traumatic brain injuries (TBI) occur when a sudden impact damages the brain. These injuries can happen to anyone, at any age, and can occur due to:
- Traffic accidents. The impact of a car collision can cause the brain to move violently inside the skull, resulting in concussions or even more severe brain injuries. Motorcycle accidents, particularly, carry a high risk due to the lack of protection compared to passenger vehicles.
- Falls. Falls are a leading cause of traumatic brain injuries, especially among older adults and young children. Whether it’s slipping on a wet surface, tripping over an obstacle, or falling from a height, a fall can lead to a skull fracture or a TBI.
- Medical malpractice. Anesthesia negligence, birth injuries, and other types of medical malpractice can deprive the brain of oxygen and cause brain injury.
- Sports-related injuries. In contact sports, players may crash into each other or have balls or pucks hit their head. In many cases, athletes may suffer repeated concussions, which can lead to long-term neurological damage, including chronic traumatic encephalopathy (CTE). Even non-contact sports, such as cycling and skiing, can lead to falls and head injuries.
- Violence and Assaults. Domestic violence, assaults, and shootings can cause serious brain injuries. Blunt force trauma from punches, kicks, or weapons, as well as penetrating injuries from gunshots or stabbings, can severely damage brain tissue. Small children are especially at risk from abusers who shake them violently. This can lead to “shaken baby syndrome,” a potentially fatal head injury where the child’s brain suffers bruising and bleeding inside the skull.
- Workplace accidents. Workers in many industries are at risk from falling objects, machinery accidents, or falls from heights. Industrial workers may also face head injuries from accidents involving heavy equipment.
- Combat injuries. Service members in the military are particularly vulnerable to traumatic brain injuries due to the explosions, blasts, and other combat-related events that are part of their duty. Even without direct impact to the head, the force from blasts can result in significant brain injuries.
- Drowning accidents. When a person is submerged in water for an extended period, the brain may not receive sufficient oxygen, leading to brain damage. Even near-drowning incidents—where a person is rescued but suffers brain impairment due to oxygen deprivation—can result in permanent disability.
TBIs can happen at any time, so it’s important to take steps to prevent them where you can. Wear protective equipment in sports and in workplaces and use caution when driving or riding a bike. If you are injured, seek medical help right away.
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How to Prove Negligence
To hold someone legally responsible, you need to prove that they were negligent— that their behavior (or lack of action, in some cases) directly caused the TBI. If you have lost a loved one because of a brain injury caused by someone’s negligence, you may have a wrongful death claim. You must show that someone’s actions or failure to act lead to your loved one’s fatal injury.
Expert testimony from medical professionals, accident reconstruction experts, investigators, or other specialists is often essential in establishing the connection between the defendant’s actions and the resulting injury. When you work with brain injury lawyers in Colorado, they will work with professionals who can establish negligence. Your lawyer will also investigate the cause of the accident, gather evidence, and build a strong case.
How Long Do I Have to Make a Brain Injury Claim?
The statute of limitations refers to the time limit within which you must file a lawsuit for a legal claim. Once this period expires, you lose the legal right to pursue your claim in court.
In Colorado, the statute of limitations for personal injury cases, including those involving traumatic brain injuries, is generally two years. In some cases, especially with traumatic brain injuries, the injury may not be immediately apparent. Symptoms of a brain injury can sometimes take days, weeks, or even months to fully manifest. Colorado law accounts for this and allows the statute of limitations to begin on the date the injury was discovered, or reasonably should have been discovered, rather than the date of the accident itself.
If your traumatic brain injury was caused by the actions of a government entity, you have as little as 180 days from the date of the injury to file a formal notice of claim with the appropriate government agency before you can file a lawsuit.
If the injured party is a minor (under the age of 18), the statute of limitations is extended. In situations where the victim’s cognitive abilities are severely affected by a TBI, the two-year period may not begin until the person regains mental competency.
If you believe you’ve suffered a traumatic brain injury, it’s important to take action quickly to protect your right to compensation, even if you’re not sure you want to file a claim right away. If you have been injured and would like to consult with a brain injury lawyer in Colorado to explore your options, contact Flaxman Law Group at 970-999-0530 for a free consultation.
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