Brain Injury Lawyers in Denver, CO
If you suspect you’ve suffered a brain injury, please get emergency help as soon as you can. It could save your life. As soon as possible, you’ll also want to consult with brain injury lawyers in Denver, CO to make sure you can pursue any compensation that can help you pay for medical care and the other costs you’ll face. Need an attorney? Contact Flaxman Law Group. You can reach our Denver offices by calling 970-999-0530 to schedule a free consultation.
What Are the Symptoms of a Brain Injury?
Brain injury symptoms can vary depending on the nature and severity of the injury, as well as the part of the brain affected. They can also vary from person to person. Some common symptoms include:
- Headaches.
- Dizziness or loss of balance.
- Nausea and vomiting.
- Fatigue.
- Sleep disturbances.
- Memory loss and difficulty concentrating.
- Disorientation.
- Slower thought processes and poorer problem-solving abilities.
- Mood swings, irritability, sadness, and frustration.
- Depression and anxiety.
- Increased impulsivity.
- Personality changes.
- Over-sensitivity to light and sound
- Blurred or double vision.
- Ringing in the ears (Tinnitus).
- Loss of consciousness and coma.
- Seizures.
- Paralysis or loss of motor coordination.
One of the most challenging things about brain injuries is that some symptoms are very subtle and easy to dismiss. You may feel a slight dizziness and brush it off. Some people experience no symptoms at all. It’s important to never wait for symptoms to start or to become severe because by that time it may be too late. If you’ve hit your head or may have hit your head seek medical attention right away.
Types of Compensation in a Brain Injury Case
Brain injuries can be very expensive. Permanent, severe traumatic brain injuries (TBI) can cost millions of dollars in medical care, personal care, and lost income over a person’s lifetime. If your injuries were caused by someone’s negligence, Colorado law allows you to seek compensation for many of these expenses, including:
- Past and future medical costs, including medical equipment, therapies, surgeries, visits to specialists, medication, physical therapy, speech therapy, cognitive therapy, and the other treatment you need.
- Lost earnings and future lost income or diminished earning capacity.
- Compensation for the physical suffering, emotional distress, and loss of quality of life you’ve experienced because of your injury.
- Attorneys fees.
- Punitive damages, if the at-fault party was especially reckless or wilfully tried to harm you.
- Costs related to home modifications, such as the cost of adding a ramp if your mobility is affected.
- Incidental expenses, such as taxi fares if you can no longer drive because of your injury.
- Personal care costs, such as the cost of someone to help you dress, eat, and care for yourself if your injuries prevent you from doing so.
In a situation where you lose a loved one due to a brain injury that was caused by someone’s negligence, you may have a wrongful death claim. You can seek compensation for the final medical costs, burial expenses, pain and suffering, loss of companionship, as well as compensation for the financial contribution the person made to your household. Usually, wrongful death claims are filed by spouses, children, or other close family members. If there is no close family, the estate of the person who has passed can file a claim.
If you’re the one who has sustained a brain injury, you can seek compensation through a claim against the at-fault party. In some cases, you may also seek benefits through personal health or disability insurance plans. While these benefits are typically not a direct part of a legal case, they can help cover medical and living expenses.
Brain injury lawyers in Denver, CO can help you uncover any options you have for compensation, so you can focus on your treatment and therapies and not worry about paying your living costs.
Types of Traumatic Brain Injuries
Traumatic brain injuries (TBIs) occur when trauma causes damage to the brain. However, doctors classify these injuries depending on severity and the injury sustained. TBIs can include:
- Concussions. A concussion is a “mild” form of TBI that typically occurs after a blow to the head. While symptoms may be temporary, they can still have significant effects on cognitive function, including memory loss, confusion, and difficulty concentrating. Most concussions resolve over time with appropriate rest and medical care, but repeated concussions can lead to long-term brain damage.
- Contusion. A contusion is a bruise on the brain caused by a direct blow to the head. This injury can cause bleeding and swelling in the brain, leading to increased intracranial pressure. Severe contusions can cause permanent brain damage, and in some cases, surgical intervention may be required to reduce swelling.
- Diffuse Axonal Injury (DAI). Axons are the nerve fibers in the brain that transmit signals. In a DAI injury, these axons are damaged, usually with widespread damage or even lesions across the brain. DAI often results in long-term or permanent impairments, including coma, paralysis, or cognitive deficits.
- Coup-contrecoup injury. Imagine your head snapping back and forth, with the brain crashing against the skull each time your head snaps, causing bruising at the front and back of the brain. This is what a coup-contrecoup injury is. It typically occurs in high-impact accidents, such as car crashes, and can lead to significant brain swelling, bleeding, and cognitive impairments.
- Penetrating brain injury. This injury occurs when an object, such as a bullet or sharp object, pierces the skull and enters the brain. This type of injury can cause irreversible brain damage. Immediate medical attention is required to manage the injury and prevent infection.
- Anoxic brain injury. This occurs when the brain is deprived of oxygen for an extended period, which can happen during incidents such as drowning, birth injury, suffocation, or cardiac arrest. The lack of oxygen causes brain cells to die, potentially leading to permanent brain damage or death.
- Subdural hematoma. This occurs when blood pools between the brain and the brain’s protective covering. This condition is typically caused by a blow to the head and can lead to pressure on the brain. Surgery may be required to save a patient’s life.
Quick medical intervention is needed in many types of brain injury. Even if you think you “only” have a concussion, your condition may be more serious than you think. Medical attention can save your life.
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What Is Considered a Serious Brain Injury?
A serious brain injury is generally one that causes significant disruption in brain function, leading to long-term or permanent physical, cognitive, or emotional effects. Serious brain injuries include any injury where there is tissue damage to the brain or swelling. DAI, coup-contrecoup injury, anoxic injury, penetrating brain injuries, and hematomas are all life-threatening.
Serious brain injuries often require immediate medical intervention, and the recovery process can be lengthy. One challenge with serious brain injuries is that they can leave you vulnerable to secondary brain injuries. If you suffer a concussion, for example, and hit your head again before the concussion heals, you may face a more devastating brain injury because you now have an injury on top of an injury.
Common Causes of Traumatic Brain Injuries
Traumatic brain injuries (TBIs) can be caused by a wide range of incidents. Here are the most common causes:
- Traffic accidents. Car crashes, motorcycle accidents, and pedestrian accidents are among the leading causes of TBIs. In these incidents, the head may be struck by an object or may experience sudden acceleration or deceleration, causing the brain to collide with the skull.
- Falls. Falls are one of the most common causes of brain injuries, particularly among older adults and children. Falling from a height or slipping on wet surfaces can result in a significant blow to the head, leading to concussions or more severe brain injuries.
- Sports injuries. Contact sports such as football, boxing, and hockey carry a high risk for TBIs, but even non-contact sports like soccer or gymnastics can lead to head injuries from falls or collisions.
- Violence. Physical assaults, including being struck by an object or by another person, can cause traumatic brain injuries. Domestic violence, fights, and assaults with weapons can all result in serious brain injuries.
- Workplace accidents. Workplace injuries, especially in industries like construction, manufacturing, and mining, are common causes of TBIs. Accidents involving falling objects, machinery, or hazardous environments can lead to severe brain trauma.
- Explosions and blast injuries. Military personnel and individuals in certain professions may experience brain injuries from explosions or blasts. These injuries can cause significant damage to the brain, even without direct impact, due to the shockwave and pressure from the blast.
- Electrocution. Electric shocks or electrocution can cause severe damage to the brain and nervous system. The electrical current passing through the body can disrupt brain function, leading to cognitive and physical impairments.
- Birth injuries. During birth and delivery, inattention on the part of medical staff can leave a baby without adequate oxygen, which can impact the brain. In these cases, families may have a medical malpractice claim.
If you have suffered a brain injury for any reason, it’s worthwhile to talk to brain injury lawyers in Denver, CO to find out if negligence played a role in your injury. If it did, you may be able to seek compensation from the at-fault parties, which could leave you with the resources you need as you start to heal.
How to Prove Negligence
Proving negligence in a brain injury case requires establishing that another party’s actions directly led to the injury. You will generally work with brain injury lawyers in Denver, CO, who can secure evidence in your case. This can involve expert testimony from medical professionals, accident reconstruction specialists, or other experts who can testify about the cause of the injury and its connection to the defendant’s actions.
Additionally, evidence such as accident reports, surveillance footage, medical records, and witness testimonies can play a crucial role in establishing the negligence of the responsible party.
How Long Do I Have to Make a Brain Injury Claim?
The statute of limitations sets a time limit for initiating a lawsuit after an injury occurs. It’s important to file the claim within this time period to ensure that you retain your right to seek compensation. In Colorado, the statute of limitations is two years. If you try to file after this time frame, you may no longer be able to file.
Some exceptions to the statute of limitations may apply in certain circumstances. For example, if a patient is in a coma for a long time because of their brain injury, they may have more time to file. In cases where government entities are the at-fault party, you usually have less time to file.
It is important to consult with an attorney as soon as possible after a brain injury to ensure you do not miss the statute of limitations deadline. A timely claim can help preserve evidence, secure witness testimony, and strengthen your case. Even if you’re not sure you want to file a claim, contact attorneys to learn more about your potential claim. You can always contact the Denver office of Flaxman Law Group for a free consultation when you’re injured. Just call 970-999-0530 for your free consultation.
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