Brain Injury Attorneys Serving Denver & All of Colorado
The brain injury lawyers at Burg Simpson Law Firm can help you pursue the compensation you deserve after suffering a traumatic injury to the brain. In addition to serious physical and emotional difficulties, traumatic brain injuries (also referred to as TBIs) can lead to considerable financial hardships as the cost of these severe injuries can be very high.
Burg Simpson Law Firm is among the leading personal injury law firms in the United States. We have recovered more than $2 billion on behalf of clients across the country in a wide range of cases. We leverage our national experience and resources with our trusted local reputation to help injury victims obtain the maximum compensation they deserve under the law.
If you or someone you love suffered a brain injury in an accident, contact Burg Simpson Law Firm today online or at 303-792-5595 for a FREE and confidential case evaluation. Our brain injury lawyers serve clients throughout Colorado and nationwide from our office in Denver.
How Much Compensation Can I Get for a Brain Injury?
Every brain injury claim is unique and the compensation you may be entitled to for a traumatic brain injury (TBI) is influenced by various factors. While we cannot provide a specific amount or estimate without knowing the details of your case, it is important to recognize that TBIs are categorized as catastrophic injuries, and the associated costs can be substantial, potentially reaching hundreds of thousands or even millions of dollars.
A Denver brain injury attorney will thoroughly assess your situation and evaluate the potential compensation you may recover. Here are some of the elements that may be included in your compensation:
- Current and future medical expenses
- Lost wages
- Rehabilitation and therapy expenses
- Cost of home and vehicle modifications
- Household assistance and care expenses
- Pain and suffering
- Mental and emotional distress
- Disability and inconvenience
- Scarring and disfigurement
The Denver brain injury lawyers at Burg Simpson will meticulously review all your financial documents, including bills and receipts, to calculate the total losses you have incurred. They may also collaborate with medical experts, financial professionals, and other specialists to support your claim for damages.
Types of Traumatic Brain Injuries
Brain injuries can be classified into several types, each with its own causes, symptoms, and potential effects. A traumatic brain injury is a type of brain injury that results from an external force or trauma to the head or body, leading to brain dysfunction. TBIs can vary in severity, and they encompass a broad range of injuries to the brain, including:
- Concussion: A mild form of TBI that typically results from a blow to the head or a sudden jolt to the body. Concussions can cause temporary loss of consciousness, memory problems, and other cognitive symptoms.
- Contusion: This is a bruise on the brain’s surface caused by a direct impact to the head. Contusions can lead to bleeding and swelling in the brain.
- Coup-Contrecoup Injury: In this type of injury, the brain is injured at both the site of impact (coup) and the opposite side of the brain (contrecoup) due to the brain moving inside the skull during an injury.
- Diffuse Axonal Injury (DAI): DAI occurs when there is extensive damage to nerve fibers in the brain due to rapid acceleration or deceleration. It often results in a loss of consciousness and can lead to severe cognitive impairment.
- Hematoma: A collection of blood outside the blood vessels, which can put pressure on the brain. Types of hematomas include:
- Epidural Hematoma: Blood accumulates between the skull and the dura mater (the brain’s protective membrane).
- Subdural Hematoma: Blood collects between the dura mater and the brain.
- Intracerebral Hematoma: Blood accumulates within the brain tissue itself.
- Hemorrhage: Hemorrhage refers to bleeding within or around the brain tissue. It can result from traumatic injuries and can lead to increased intracranial pressure, which can be life-threatening. Types of brain hemorrhages include:
- Intracerebral Hemorrhage: Bleeding that occurs within the brain tissue itself.
- Subarachnoid Hemorrhage: Bleeding into the space between the brain and the thin tissues that cover it (subarachnoid space).
- Subdural Hemorrhage: Blood accumulates between the dura mater (the brain’s protective membrane) and the brain.
- Penetrating Head Injury: This occurs when an object penetrates the skull and directly damages brain tissue. It is typically classified as a severe form of TBI.
- Skull Fracture: A break or crack in the skull bone can sometimes result in TBI if it causes injury to the brain tissue.
Each type of brain injury can have different effects on cognitive, motor, and emotional functions. The severity of the injury and the location of the damage within the brain can significantly impact the outcomes and long-term effects of the injury. Treatment and rehabilitation for brain injuries may vary depending on the specific type and severity of the injury. After suffering a brain injury, it is important to seek medical attention right away. Then, contact a Denver brain injury lawyer at Burg Simpson to investigate your case and explain your legal options.
What Is Considered a Serious Brain Injury?
A serious brain injury, often referred to as a severe traumatic brain injury (TBI), is characterized by significant damage to the brain resulting from an external force or trauma. Serious brain injuries typically involve the following characteristics:
- Long-Term Impact: A serious brain injury can have long-term consequences, including permanent disability, changes in personality or behavior, and a reduced quality of life. It may require ongoing medical treatment, therapy, and support.
- Extended Hospitalization: Individuals with severe TBIs often require extended hospitalization and intensive medical care, including neurosurgery and rehabilitation.
- Neurological Deficits: Severe TBIs often result in profound neurological deficits, including motor impairments, sensory deficits, and cognitive dysfunction. These deficits can significantly impact a person’s ability to function independently.
- Abnormal Brain Imaging: Imaging studies such as CT scans or MRI scans may reveal significant structural damage to the brain, such as large contusions, hematomas, or diffuse axonal injuries.
- Post-Traumatic Amnesia: Extended periods of post-traumatic amnesia (the inability to form new memories) following a traumatic event may indicate a severe brain injury.
- Loss of Consciousness: Prolonged loss of consciousness (typically more than 30 minutes) is a sign of a severe brain injury. Some severe TBIs may not involve loss of consciousness.
- Glasgow Coma Scale (GCS) Score: A GCS score is a common tool used to assess the severity of a TBI. A score of 8 or less on the GCS is often considered indicative of a severe brain injury. The GCS measures a person’s level of consciousness based on eye, verbal, and motor responses.
The classification of a brain injury as “serious” or “severe” can vary based on clinical assessment criteria and medical guidelines. Each case is unique, and the specific effects of a severe brain injury can vary widely depending on factors such as the location and extent of the brain damage.
Prompt and comprehensive medical evaluation and treatment are essential in cases of serious brain injury to maximize the chances of recovery and minimize long-term impairment. Rehabilitation and support services are often necessary to help individuals with severe TBIs regain function and improve their quality of life.
Common Causes of Traumatic Brain Injuries
To seek compensation, it is essential to establish that another party’s carelessness or negligence caused the brain injury. Negligence can manifest in various ways, giving rise to a wide range of situations that can result in brain injuries and other forms of trauma. Common causes of traumatic brain injuries include:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Nursing Home Abuse
- Defective Products
- Construction Accidents
- Dangerous Premises
The experienced attorneys at Burg Simpson have extensive experience handling these complex cases. If you or someone you love was hurt because of someone else’s wrongdoing, you deserve justice. Contact us today for a FREE and confidential case evaluation.
How to Prove Negligence
Proving negligence in a brain injury case typically involves demonstrating the following elements:
- Duty of Care: You must establish that the defendant (the person or entity you are holding responsible) owed a duty of care to you. This duty of care means that the defendant had a legal obligation to act reasonably and prudently to prevent harm to others. For example, a driver has a duty of care to operate their vehicle safely to avoid accidents.
- Breach of Duty: To prove negligence, you must show that the defendant breached their duty of care. This means they failed to meet the expected standard of care in a specific situation. You may need to provide evidence that demonstrates the defendant’s actions or lack of action were careless, reckless, or negligent.
- Causation: You must establish a direct link between the defendant’s breach of duty and your brain injury. In other words, you need to show that the defendant’s actions or negligence directly led to your injury. Medical records, expert testimony, and other evidence may be used to establish this link.
- Damages: To have a valid claim, you must have suffered actual damages as a result of the brain injury. These damages can include medical expenses, lost income, pain and suffering, and other losses related to your injury.
What Evidence is Used to Demonstrate Negligence in a Brain Injury Case?
To prove negligence in a brain injury case, it is crucial to gather and present compelling evidence, including:
- Eyewitness testimony: Statements from individuals who witnessed the incident can provide valuable insights into what happened.
- Medical records: These documents can establish the extent and nature of your brain injury, as well as the treatment you received.
- Expert testimony: Experts in relevant fields, such as medicine or accident reconstruction, can provide professional opinions on liability and causation.
- Photographs and videos: Visual evidence, such as photos or videos from the scene of the incident, can be compelling in demonstrating negligence.
- Documentation: Any relevant documents, such as accident reports, safety regulations, or communication records, can be used to support your case.
It is essential to consult with a Denver brain injury lawyer who can help you gather evidence, build a strong case, and navigate the legal process. An attorney can also provide guidance on the specific laws and standards that apply to your case.
What Are the Signs of a Traumatic Brain Injury?
Signs of a traumatic brain injury can vary depending on the severity of the injury. Common signs and symptoms of a TBI may include:
- Loss of Consciousness: Brief loss of consciousness, which may last for seconds or minutes, can occur immediately after the injury.
- Confusion: Individuals with a TBI may feel disoriented, confused, or have difficulty concentrating or remembering.
- Headache: A persistent or severe headache is a common symptom after a TBI.
- Nausea and Vomiting: Nausea and vomiting may occur shortly after the injury.
- Dizziness or Balance Problems: Individuals with a TBI may experience dizziness, loss of balance, or difficulty walking.
- Fatigue: Profound tiredness or fatigue can persist for days or weeks following the injury.
- Sensory Changes: Changes in sensory perception, such as blurred vision, ringing in the ears (tinnitus), or changes in taste or smell, can occur.
- Difficulty Sleeping: Insomnia or excessive sleepiness can be signs of a TBI.
- Mood Changes: Emotional changes, including irritability, mood swings, anxiety, or depression, may develop.
- Seizures: Some individuals may experience seizures or convulsions following a TBI.
- Difficulty Speaking: Speech problems, such as slurred speech or difficulty finding the right words, can be a sign.
- Weakness or Numbness: Weakness or numbness in the limbs, typically on one side of the body, may occur.
- Loss of Coordination: Individuals may have difficulty with fine motor skills or coordination.
- Changes in Sleep Patterns: Changes in sleep patterns, such as insomnia or excessive sleeping, can be a symptom.
- Clear Fluid Drainage: Clear fluid draining from the ears or nose can indicate a skull fracture and should be evaluated immediately.
- Pupillary Changes: Unequal pupil size or abnormal pupillary responses can be a sign of a more severe brain injury.
The signs and symptoms of a TBI can appear immediately after the injury or may develop gradually over time. Additionally, the effects of a TBI can vary widely from person to person. If you or someone you know experiences any of these symptoms after a head injury, it is crucial to seek immediate medical attention for a proper diagnosis and treatment. Traumatic brain injuries can range from mild (concussion) to severe, and prompt medical care is essential to prevent further complications.
Are Traumatic Brain Injuries Fatal?
Mild head injuries are not generally fatal. Patients with moderate brain injuries usually have a high survival rate, with fatalities occurring in approximately 10% of cases. Conversely, severe brain injuries present much grimmer statistics, with one-third of patients facing fatal outcomes.
Although most brain injuries, except for the most catastrophic ones, are survivable, it is crucial to consider factors like the victim’s quality of life and independence. Individuals with moderate to severe brain injuries are highly likely to experience varying degrees of disability, impacting their ability to work, care for themselves, and enjoy life as they once did.
At Burg Simpson, our experienced brain injury attorneys can assess the ways in which a traumatic brain injury has affected your life. You may be entitled to compensation not only for medical expenses but also for physical and cognitive impairments, changes in personality, loss of independence, and other adverse consequences. In cases where a loved one passes away due to a traumatic brain injury, surviving family members may have grounds to pursue a wrongful death claim.
Do You Ever Fully Recover From a Brain Injury?
Recovery from a brain injury is achievable in select cases, even when the injury is categorized as moderate or severe. According to a recent study, 75% of patients with moderate TBI and approximately 50% of those with severe TBI regain significant levels of functional independence within one year after the injury.
While these findings offer hope for individuals affected by brain injuries and their families, progress does not always equate to a complete recovery. Researchers have reported that those who experienced improvement in their condition post-TBI still contend with “significant disabilities.”
In cases where a brain injury resulted from someone else’s negligence, a brain injury lawyer can help you seek compensation to alleviate the financial burdens of medical expenses, therapy, rehabilitation, medications, and more.
How Long Do I Have to Make a Claim?
In Colorado, the statute of limitations governs the timeframe within which you must take specific legal actions, and its duration depends on the nature of your personal injury. These limitations are defined in Sections 13-80-101 and 13-80-102 of the Colorado Revised Statutes (C.R.S.).
- For personal injury claims stemming from auto accidents, the statute of limitations is three years (C.R.S. § 13-80-101(1)(n)).
- In general personal injury cases, it is a two-year statute of limitations (C.R.S. § 13-80-102(1)(a)).
- The two-year timeframe applies to personal injury claims related to defective products (C.R.S. § 13-80-102(1)(b))
- Wrongful death cases also have a two-year statute of limitations (C.R.S. § 13-80-102(1)(a)).
When you’ve suffered a brain injury through no fault of your own, it is imperative to be aware of these varying statutes of limitations. You generally have 2 years from the date of the incident to initiate a lawsuit, but this duration may differ based on the circumstances of your injury. Promptly exploring your legal options is crucial after a brain injury, as it allows our attorneys to promptly investigate the cause of your traumatic brain injury (TBI), ascertain liability, and construct a robust case in your favor. We possess substantial experience in securing favorable settlements, and if necessary, we’re prepared to file a lawsuit and go to trial to maximize your compensation.
How Can a Brain Injury Lawyer Help?
The Denver brain injury lawyers at Burg Simpson have substantial experience handling TBI cases, and can provide valuable assistance in several ways:
- Exceptional Legal Knowledge: Our brain injury lawyers have a deep understanding of personal injury law and the specific legal issues related to traumatic brain injuries. We can navigate the complex legal system and ensure your rights are protected throughout the legal process.
- Case Evaluation: We will assess the details of your case, including the cause of the injury, liability, and the extent of damages. We can help determine if you have a valid claim and estimate its potential value.
- Investigation: We often work with investigators and medical experts to gather evidence related to our clients’ injuries. This may include medical records, accident reports, witness statements, and expert opinions to build a strong case.
- Negotiation: Many personal injury cases are resolved through negotiations with insurance companies. Our attorneys are proven negotiators. We can negotiate on your behalf to secure a fair settlement that covers medical expenses, lost wages, pain and suffering, and other damages.
- Litigation: If a fair settlement cannot be reached, our attorneys may recommend filing a lawsuit and taking your case to court. We will present your case to a judge and jury, and fight for the compensation you deserve.
- Advocacy: Throughout the legal process, our attorneys will act as your advocate. We will protect your interests, answer your questions, and provide guidance every step of the way.
- Maximizing Compensation: Brain injury lawyers are skilled at calculating the full extent of your damages, which may include medical bills, rehabilitation costs, lost income, future medical expenses, and non-economic damages like pain and suffering. We will work to maximize the compensation you receive.
- Expert Witness Coordination: In complex brain injury cases, expert witnesses such as neurologists, neuropsychologists, and vocational experts may be necessary to support your claim. Your attorney can identify and coordinate expert witnesses to bolster your case.
- Handling Insurance Companies: Dealing with insurance companies can be challenging. Our attorneys will handle communications with insurers, ensuring that you do not inadvertently say or do anything that could harm your case.
- Peace of Mind: Having a knowledgeable advocate on your side can provide peace of mind during a stressful and difficult time. Your attorney will guide you through the legal process, allowing you to focus on your recovery.
A brain injury lawyer can play a crucial role in helping you navigate the legal complexities of a traumatic brain injury case, from initial consultation to settlement or trial, with the goal of securing the compensation you need to move forward with your life.
Brain injuries are profoundly impactful, disrupting virtually every facet of life and imposing substantial financial burdens and severe restrictions on both survivors and their families. You shouldn’t be left to shoulder these hardships alone.
Burg Simpson is an award-winning law firm recognized for its skill in handling complex personal injury cases. We possess a deep understanding of the intricacies associated with brain injuries, their profound effects on individuals, and the potential legal recourse that may be accessible to you.
Contact Burg Simpson today online or at 303-792-5595 for a FREE and confidential case evaluation. Our experienced brain injury lawyers serve clients in Denver, all of Colorado, and nationwide.