Yes, potentially. Under Colorado law, a person who suffers a concussion or traumatic brain injury (TBI) because of another party’s negligence may be able to seek compensation. A diagnosis alone isn’t enough, though. You generally also need to show that another party was legally responsible and that the injury caused losses that the law allows you to recover.
This is something our Denver concussion and TBI trial attorneys focus on while working with clients and building cases. Let’s explain how fault is established and what it usually takes to bring a successful claim.
If you’ve been hurt and want to discuss your legal options with our brain injury attorneys, contact our law firm today. The team at Ogborn Mihm is ready to listen to you.
Key Takeaways:
- You can sue another person or party for a brain injury in Colorado if that party was negligent and their actions result in harm and damages.
- If you suffered a TBI while you were on the job, you may only be eligible for workers’ compensation benefits. However, you might be able to file a third-party claim if someone outside of your employer or a co-worker caused or contributed to your brain injury.
- If you were partially at fault for the incident that led to a TBI, you can still recover compensation because Colorado is a modified comparative negligence state. As long as you are less than 50% at fault, you can seek compensation.
- In Colorado, the filing deadline for auto accident-related brain injury lawsuits is three years from the date of the crash. For other personal injury TBI claims, the statute of limitations is two years from the date of injury.
When Can You Sue for a Concussion or Brain Injury in Colorado?
Whether you can sue for a concussion in Colorado usually comes down to one question: was someone else’s negligence responsible for your injury?
If another person, company, or property owner failed to use reasonable care and that failure caused your injury, Colorado law generally allows you to pursue compensation.
Can I Sue if My Concussion Occurred at Work or in a Car Accident?
It depends on the setting.
For work injuries, the Colorado workers’ compensation system is usually the only remedy against your employer.
Still, you may be able to file a separate lawsuit against a third party who contributed to the injury, such as another driver or an equipment manufacturer. Third-party car accident claims related to work are typically brought against the at-fault driver and their insurer, and you may also have claims under your own policy.
Establishing Fault and Negligence in Colorado Head Injury Claims
To bring a negligence claim, an injured person generally needs to prove four things:
- Duty of Care: The other party had a legal responsibility to act reasonably, such as a driver’s duty to follow traffic laws or a property owner’s duty to address known hazards.
- Breach of Duty: The party failed to meet that responsibility through carelessness, recklessness, or a safety violation.
- Causation: That failure caused your injury.
- Damages: You suffered losses as a result, such as medical costs, lost income, and pain and suffering.
How Evidence Plays a Role in Establishing Negligence
The evidence depends on how the injury happened. In a car crash, it might include the crash report, photographs, video, witness statements, vehicle damage, and information about each driver’s conduct. In a premises liability case, it might include photos of the hazard, inspection or maintenance records, incident reports, and proof of what the property owner knew or should have known.
Medical evidence is just as important when proving a brain injury during a lawsuit. Records should show when symptoms began, what treatment was provided, and how the injury has affected your health and daily functioning.
Common Causes of Brain Injury Lawsuits: Accidents, Medical Malpractice, and Toxic Exposure
Brain injury lawsuits in Colorado arise from many situations, including:
- Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian crashes are among the leading causes of TBI.
- Falls: A fall on poorly maintained property can easily cause a head injury, especially for older adults.
- Workplace Incidents: Falls from heights, equipment accidents, and being struck by objects can cause brain injuries on the job.
- Contact and Combat Sports: Blows to the head or the body can result in concussions or result in chronic traumatic encephalopathy (CTE).
- Medical Malpractice: Surgical errors, birth injuries, anesthesia errors, and missed diagnoses can lead to preventable brain damage.
- Toxic Exposure: Exposure to certain chemicals or contaminants in a home, workplace, or rental property can cause serious, permanent brain injury.
Can I Still Recover Compensation If I Was Partially at Fault for the Accident?
Yes, as long as your share of fault is less than that of the party you’re suing.
Under Colorado’s modified comparative negligence rule (C.R.S. § 13-21-111), your compensation is reduced by your percentage of fault.
If you’re found equally or more at fault, you cannot recover from that party.
Proving the Full Scope of “Invisible” Brain Injury Damages
One of the biggest challenges in a Colorado brain injury case is that the injury often can’t be seen. Someone with a concussion or mild TBI can look completely normal while struggling with memory problems, headaches, or mood changes. Insurers sometimes use this to argue the injury isn’t as serious as claimed.
Proving the full scope of damages may involve:
- Advanced Imaging: Some techniques can reveal brain changes that a standard scan misses. Neuroradiology images in brain injury cases can provide objective support for other medical findings.
- Medical Testimony: Neurologists and neuropsychologists can explain how the injury affects thinking, mood, and daily functioning in terms a jury or adjuster can follow.
- Consistent Medical Records: Ongoing treatment and follow-up appointments help show that symptoms are real and connected to the incident.
- Life Care Planning: For more serious injuries, a life care plan outlines the future treatment, therapy, and support a person will likely need.
Evidence of your life before and after the injury matters too. Changes in work performance, relationships, independence, hobbies, or daily routines can help show what the injury has taken from you.
How Long Do I Have to File a Brain Injury Lawsuit in Colorado?
In Colorado, different deadlines apply to brain injuries depending on the circumstances of the case.
- For most personal injury claims, including many brain injury cases, the statute of limitations is two years from the date of injury.
- For brain injuries caused by motor vehicle crashes, the statute of limitations is three years from the date of the collision.
- For brain injuries that involve a government entity or agency, written notice of claim must be submitted to the proper entity or agency within 182 days of the incident.
Missing a deadline can mean losing the right to recover entirely, so it’s worth having your case reviewed well before any deadline approaches.
How the Discover Rule Affects Filing Deadlines for Brain Injury Cases
Under Colorado’s discovery rule, the clock generally starts when you knew, or reasonably should have known, about the injury and its cause.
Delayed symptoms are common with concussions and mild TBIs, and your injury may not be diagnosed right away. See a doctor as soon as symptoms appear and make sure the timing is documented.
What to Do Immediately After Sustaining a Head Injury in Colorado
If you’ve recently suffered a head injury, a few steps can help protect both your health and a future claim:
- Get medical attention right away, even if your symptoms seem mild. Some brain injury symptoms don’t appear for days.
- Document what happened as soon as possible, including photos, witness names, and any official reports.
- Follow your treatment plan and keep records of every appointment, diagnosis, and symptom.
- Seek local support services from the Colorado Department of Public Health when necessary.
- Avoid giving detailed statements to the other party’s insurer before talking with an attorney, since early statements can be used against you later.
- Talk with a Denver concussion lawsuit attorney about your options before evidence is lost or deadlines approach.
Ogborn Mihm Case Results: Proven Victories for Brain Injury Victims
Ogborn Mihm has recovered millions for clients who have suffered brain injuries. Some of our recent notable verdicts and settlements include:
- A verdict of more than $10 million, affirmed by the Colorado Supreme Court, for clients who suffered permanent brain injuries from toxic chemical exposure in their apartment.
- More than $6 million in recovery for a client with devastating and permanent brain injuries. We held multiple insurance companies accountable.
- A $2 million settlement for a client who suffered a brain injury after a horseback riding accident. The settlement came after an unsuccessful first trial and a successful appeal.
How Much Does It Cost to Hire a Denver Brain Injury Lawyer?
Many brain injury lawyers, including those at Ogborn Mihm, offer contingency fee arrangements.
That means you pay no attorney fee unless the firm recovers money for you through a settlement or verdict. If your lawyer does not win, you do not have to pay.
Any fee we collect is a percentage of that recovery. Your written fee agreement should also explain how case costs are handled.
Talk to a Colorado Brain Injury Lawyer About Your Case
A brain injury can affect your work, finances, relationships, and everyday life. If another person or company may be responsible, our team at Ogborn Mihm can review what happened and explain your legal options. To discuss what happened with our trial-ready team of attorneys, contact our law firm today.
