Colorado Springs Personal Injury
Brain Injury Lawyers in Colorado Springs
Claims for traumatic brain injuries and concussions, including the ones that don't show on a scan and are easy for an insurer to dismiss.
A traumatic brain injury can come from a blow to the head, or from the head being thrown forward and back hard enough to injure the brain inside the skull, which is why brain injuries happen in car crashes where the head never struck anything. They range from concussions that resolve in weeks to injuries that permanently change memory, personality, and the ability to work.
Why brain injuries are hard to prove
A severe brain injury is usually obvious. A mild or moderate one often isn’t. CT and MRI scans are frequently normal after a concussion, because the damage is at a level standard imaging doesn’t show. The symptoms (headaches, trouble concentrating, memory lapses, irritability, sensitivity to light and noise, sleep problems, fatigue) can appear days after the incident and are easy for an insurer to attribute to stress, depression, or something else.
That makes the medical record central. An emergency room note that records dazed, confused, or lost time, even briefly, matters. So does early follow-up with a physician who takes the symptoms seriously.
The evidence that proves them
Neuropsychological testing measures memory, attention, processing speed, and other functions against expected norms, and can document deficits a scan misses. Treating neurologists and rehabilitation specialists explain the diagnosis and prognosis. Family members, coworkers, and friends describe the changes they have seen, which is often the most persuasive evidence of all, because the injured person may not fully recognize them.
Concussion
Most concussions resolve, but a meaningful number of people have symptoms that persist for months or longer. A claim should not be settled on the assumption of full recovery while symptoms continue. A second head injury before the first has healed can be much more serious, which matters for children and athletes.
Moderate and severe brain injury
These injuries can mean lasting cognitive impairment, seizures, changes in behavior, and the need for supervision or long-term care. The claim has to account for a lifetime of treatment and lost earning capacity. Colorado’s cap on noneconomic damages does not limit damages for physical impairment, which is often the largest part of a serious brain injury claim. See catastrophic injuries.
What to do if you suspect a brain injury
Tell every doctor about the incident and every symptom, including the ones that seem minor. Keep a simple daily record of symptoms. Ask the people around you to note changes they see. Avoid a quick settlement.
How we handle brain injury claims
We get the early medical records that document the injury, arrange for neuropsychological evaluation where it’s needed, and gather the testimony of the people who knew you before and after. We wait for the medical picture to become clear before valuing the claim.
Colorado law on this page
- C.R.S. § 13-21-102.5(5)Physical impairment is not limited by the noneconomic cap
- C.R.S. § 13-80-101(1)(n)Three years for motor vehicle injury claims
- C.R.S. § 13-80-102(1)(a)Two years for most other injury claims
This page explains Colorado law in general terms. It is not legal advice about your situation, and the law changes.