Colorado Brain Injury Lawyer
Brain injuries are often one of the most debilitating harms someone can suffer. Although frequently classified as a "mild traumatic brain injury", in our experience there is nothing mild about an injury to an individual's brain. It can significantly disrupt all aspects of your life, including the ability to work, sleep, enjoy leisure activities, and function.
At Kane Trial Law, our practice is built for clients in Castle Rock and throughout Colorado whose injuries permanently impact their health, livelihood, and future. If you or someone you love has suffered a brain injury, contact us today at 303-919-7777 for a free consultation.
Traumatic Brain Injuries (TBI) in Colorado
A brain injury (or TBI) refers to any injury that occurs to the brain and results in damage to its structure or function. These injuries range from mild to severe and may have short-term or long-term effects on someone's physical, cognitive, emotional, and behavioral abilities. Importantly, the impact of a brain injury may not be immediately recognizable. Or, it may not appear on a diagnostic test in the emergency room.
Why Brain Injury Cases Require a Different Approach
In my experience representing seriously injury clients, traumatic brain injury cases present challenges that are different from many other personal injury cases. A person may look perfectly healthy while simultaneously experiencing significant changes in memory, concentration, emotional regulation, or the ability to perform every day tasks.
The challenge with these cases is not simply establishing that an accident occurred. It is demonstrating how that accident changed a person's life and why those changes may persist long after the visible injuries have healed.
At Kane Trial Law, we approach these cases by developing the medical evidence, understanding our client's life before and after the injury, and preparing the case to withstand the scrutiny that often comes from insurance carriers and defense experts.
Why a "Mild" Traumatic Brain Injury May Have Serious Consequences
One of the most commonly misunderstood aspects of traumatic brain injury litigation is the term "mild TBI". That diagnosis generally describes aspects of the initial injury, not necessarily the long-term impact that injury has.
Some people fully recover from a concussion. Others experience persistent cognitive, functional, and emotional disabilities that significantly disrupt their lives.
In a personal injury case, the important questions include what symptoms developed, how they are supported by the medical evidence, whether they are attributed to the incident, how how they affect the injured person's daily functioning.
See our brain injury video series here and why we believe a mild TBI qualifies as a severe personal injury in Colorado.
Experience and Results in Brain Injury Cases
At Kane Trial Law, we represent individuals whose lives have been altered due to the negligent or reckless conduct of others. We understand the tactics insurance companies and defense experts' use to minimize brain injury cases.
Specifically, we recently represented a client who was t-boned by another vehicle that ran a stop sign at 50mph near Monument, Colorado. Our client's car was spun 180 degrees and he was rendered unconscious after the crash. In the emergency room, he was diagnosed with orthopedic and cervical injuries along with contusions along the left side of his body. He was also diagnosed with a "concussion."
While the orthopedic injuries fortunately resolved over time, he had lingering effects of the mild traumatic brain injury. Specifically, his sleep, memory, emotional regulation, and overall energy levels dramatically decreased. The insurance company hired a doctor to opine that he was malingering and his minor concussion should have resolved within three months.
We spoke with his treating neurologist who provided evidence-based testing that showed a decline in executive function, short-term memory and word finding. We also gathered first-person narratives from his spouse, his neighbor, and two co-workers who described the changes they noticed in his functioning from before the crash to today.
After filing a lawsuit and preparing the case for trial, the at-fault driver's insurance company offered a full-value policy limits settlement. The final offer was 4x what they offered prior to litigation.
That case illustrates how we prepare cases to maximize full recovery for our clients. Insurance companies rarely if ever offer full value unless and until the plaintiff and their lawyer show a willingness to proceed to trial if necessary.
For other examples, please see our case results page.
Types of Brain Injuries in Colorado Personal Injury Claims
In personal injury lawsuits, the type of brain injury is important because it can impact the amount of compensation awarded. Plaintiffs typically seek damages to cover medical expenses, lost wages, rehabilitation costs, pain and suffering, and other related expenses. Expert medical testimony is often necessary to establish the extent of the injury and its long-term effects on the plaintiff's life.
Below are four types of brain injuries commonly seen after an accident or trauma.
- Traumatic Brain Injury (TBI). This is one of the most common types relevant TBIs occur due to a sudden trauma or blow to the head. They can range from mild concussions to severe brain damage, leading to long-term cognitive and physical impairments.
- Concussion. Concussions are a mild form of TBI caused by a bump, blow, or jolt to the head. While they are often considered minor, repeated concussions or failure to properly manage them can lead to serious long-term consequences.
- Cerebral Contusion. This involves bruising of the brain tissue, often caused by a direct impact to the head. Contusions can lead to bleeding and swelling, potentially causing significant neurological deficits.
- Diffuse Axonal Brain Injury. A diffuse axonal injury is a TBI caused by rapid acceleration, deceleration, or rotational forces. They are most commonly caused by high-impact motor vehicle crashes.
Some of these types of injuries overlap – for example, a diffuse axonal brain injury caused by rapid deceleration can often result in a concussion or moderate TBI.
Possible Short- and Long-Term Consequences of Brain Injuries
Depending on the nature of the injury, the effects of a brain injury may be immediately apparent or develop over time. The injury can result in short-term consequences that quickly resolve or permanent conditions that affect every aspect of a person's life.
The brain plays a crucial role in every bodily function. A brain injury can have wide-ranging effects on a person's cognitive functioning, behavior, physical abilities, social skills, and general quality of life.
Potential consequences of a brain injury include:
- Confusion
- Headaches
- Memory issues
- Poor balance or dizziness
- Mood or personality changes
- Lack of insight
- Inability to read social cues
- Speech difficulties
- Tremors
- Changes in hearing, sight, smell, or taste
- Vision issues, for example, double vision
- Difficulties with day-to-day activities such as bathing, cooking, or shopping
- Difficulties learning and retaining new information
- Fatigue
Brain injuries often impact every aspect of an individual's life. As such, it's crucial your injury attorney works with your medical providers, family members, and acquaintances to fully investigate all lasting impairments the brain injury may have caused.
Traumatic Brain Injury FAQ
Are traumatic brain injuries always visible on imaging?
No. Many traumatic brain injuries, including concussions and diffuse axonal injuries, do not always appear on standard CT scans or MRIs. Despite the lack of visible imaging findings, these injuries can still cause severe and permanent cognitive, emotional, and functional impairments.
Why are traumatic brain injury cases so difficult to prove?
TBI cases are complex because symptoms are often subtle, progressive, or misunderstood. Proving a brain injury typically requires detailed medical records, neuropsychological testing, expert testimony, and careful documentation of how the injury has affected the individual's behavior, cognition, and ability to work or function independently.
What long-term effects can result from a traumatic brain injury?
Long-term effects of a traumatic brain injury may include memory problems, difficulty concentrating, emotional instability, depression, anxiety, impaired judgment, personality changes, sleep disorders, and reduced earning capacity. In severe cases, a TBI can permanently alter a person's relationships, career, and quality of life.
When should a traumatic brain injury case be prepared for trial?
From the outset, traumatic brain injury cases should be prepared as if the case were proceeding to litigation and ultimately a jury trial. That approach maximizes the potential financial recovery for the injured victim. Whereas high-volume firms may simply submit the medical bills to the insurance adjuster, Kane Trial Law approaches cases differently.
We understand that medical bills alone rarely paint the full picture of our client's loss. Further, demonstrating the ability and willingness to go to trial if necessary can significantly increase settlement offers.
Contact a Brain Injury Attorney in Castle Rock Today
Kane Trial Law is a Castle Rock-based personal injury firm focused on severe and catastrophic injuries in Douglas County and throughout Colorado. We represent people with life-altering injuries who can't afford to resolve their case for anything less than full value.
Contact Kane Trial Law at 303-919-7777 today to schedule a free consultation.