Statute of Limitations to File a Brain Injury Claim in Colorado
The deadline to file a civil lawsuit in Colorado varies based on what caused your brain injury.
- Three Years for Motor Vehicle Accidents: If your brain injury occurred in a car wreck, you typically have three years from the date of the collision to file a personal injury lawsuit in Colorado.
- Two Years for General Personal Injury: For other kinds of accidental injuries, you typically have two years to file a personal injury lawsuit in Colorado.
- One Year for Intentional Injuries/Acts of Violence: If your brain injury was the result of a physical attack or assault, you typically have one year to file a civil lawsuit.
There are some exceptions to the statute of limitations noted above, but you should act promptly after you’ve been seriously hurt. It’s best to speak with our Denver brain injury lawyers as soon as possible.
Compensation for Brain Injury Survivors
Here at Ogborn Mihm, our goal is to get fair compensation and help clients recover as much as possible following a brain injury. Our Denver TBI attorneys consider who someone was before their injury and how their lives have changed post-incident.
Compensatory Damages for a Brain Injury
Compensatory damages reimburse someone who’s been injured to make them whole. This compensation addresses economic and non-economic losses.
Economic damages are the material and financial losses suffered as a result of a brain injury. This includes:
- Medical Expenses: This covers any past hospitalization and emergency care, current medical treatments, and any future estimated costs for long-term medical needs.
- Physical Rehabilitation and Therapy: This covers any physical rehabilitation, occupational therapy, and counseling to address the effects of the brain injury.
- Damage to Property or Belongings: This covers damage to any vehicles or other belongings at the time of the incident.
- Loss of Income While Recovering: This covers missed wages and other forms of lost income due to recuperation.
- Loss of Future Earning Potential: This covers changes in career path or loss of potential earnings due to disability from the brain injury.
Non-economic damages are the subjective and intangible losses suffered as a result of a brain injury. This includes:
- Pain and Suffering: This refers to chronic pain, physical impairment, and emotional anguish experienced as a result of the brain injury.
- Impact on Mental Health: This refers to depression, anxiety, PTSD, increased aggression, or personality changes caused by the brain injury.
- Loss of Independence: This refers to the inability to support oneself or perform daily activities due to impairment caused by the brain injury.
- Diminished Quality of Life: This refers to the way a brain injury may reduce one’s sense of happiness, contentment, or overall well-being.
Punitive Damages for a Brain Injury
Also known as exemplary damages, punitive damages are intended to punish the person or party responsible for someone’s injuries.
In Colorado, punitive damages can only be sought if the incident involved fraud, malice, or willful or wanton conduct. In addition, the state caps punitive damages at 300% of compensatory damages.
While punitive damages are rare, our Denver brain injury attorneys can review the details of your case and discuss the potential for exemplary damages.
Why You Need a Brain Injury Lawyer
Brain injury litigation can be extremely complicated, which is why it’s worth consulting the attorneys at Ogborn Mihm about pursuing a claim. There are a few notable benefits to hiring a TBI lawyer.
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- You Learn How Much Your Claim Is Really Worth: A good brain injury attorney can review the different ways your life has been changed. This can help you understand the true value of your legal claim.
- You Can Negotiate a Better Settlement with Insurers: Many insurance providers try to lowball policyholders with their initial offer. A dependable brain injury attorney can make sure you don’t accept a poor settlement offer.
- You Have Representation If Your Case Goes to Trial: While most cases settle out of court, some go all the way to trial. TBI lawyers with trial experience can present a compelling brain injury case backed by strong evidence and credible expert witnesses.
- You Have A Team Knowledgeable About Brain Injuries: Ogborn Mihm’s brain injury attorneys are extremely knowledgeable about the science of brain injuries, including how they happen, the symptoms, how they’re diagnosed, and how they’re treated. Make sure your attorney knows about brain injuries so they can ensure your recovery is just and not merely a quick settlement.
- You Achieve Stability During a Difficult Time: If you’ve suffered a brain injury or are caring for a loved one who has, the legal process can feel overwhelming. Hiring a trustworthy TBI attorney helps you focus on healing as the case moves forward.
Frequently Asked Questions (FAQ) About Brain Injuries
Below are answers to some of the most common questions our Denver attorneys have received about brain injuries. If you have a question not addressed here, feel free to contact Ogborn Mihm for answers.
Should I see a doctor after suffering head trauma even if I feel okay?
Yes. Not all injuries are apparent immediately after an accident, particularly when these injuries affect the brain. Seek immediate medical attention after any form of head trauma or a blow to the head.
Do I still have a case if brain injury symptoms appeared months later?
Yes. Since the symptoms of brain injury may not be apparent until later, it’s possible to file a claim if the injury was caused by a previous accident. Thanks to the discovery rule, this can extend the normal statute of limitations to file a legal action.
How much is my brain injury claim worth?
This depends on the severity of your brain injury and the lasting effects it has on your life. Each person’s experience will be unique, so there’s no average estimated cost for how much you could receive in a TBI lawsuit.
Our Denver brain injury lawyers can discuss your life before and after the incident during a consultation. This will help us consider your losses and potential compensation.
How can family members support loved ones with brain injuries?
If a loved one has suffered a traumatic brain injury, there are many ways you can provide love and support. In addition to assisting with medical bills and other financial needs, we recommend:
- Offering emotional resilience and moral support
- Assisting your loved one with daily activities
- Showing patience and understanding with your loved one
Our team knows that being a caregiver can be stressful and exhausting. We encourage you to seek professional guidance as you help your family member with their brain injury. You may also want to join a support group so you can share your feelings with other sympathetic caregivers.
How can I protect myself from traumatic brain injuries?
Here are a few ways you can protect yourself and your loved ones from serious brain injuries:
- Wear a Seatbelt and Drive Responsibly: Whenever you get into a car, be sure to buckle up. Never drive while you are under the influence of drugs or alcohol.
- Wear Helmets and Protective Gear: Wear a helmet whenever riding your motorcycle or bicycle. Wear appropriate head and face protection during sports, while at a potentially dangerous worksite, or performing a possibly dangerous activity around your home.
- Childproof Your Home to Reduce TBI Risk: If you have an infant or toddler, place gates near stairways, keep windows locked, and anchor down heavy furniture or electronics that could fall onto a young child.
- Discuss Fall Prevention with Your Doctor: Many senior citizens are fall-prone due to advanced age and changes in mobility. If you’re elderly, speak with your doctor about ways to improve your balance and protect yourself from sudden falls.
Why Choose Ogborn Mihm for Your Brain Injury Case
There are many law firms in Greater Denver, but brain injury survivors and their families know they can trust Ogborn Mihm with their case.
Experience with Complex Brain Injury Cases
Working with Colorado brain injury survivors has taught us to appreciate the subtleties of TBIs and their lasting repercussions. Ogborn Mihm has developed a unique and creative approach to objectively establish and prove mild, moderate, and severe traumatic brain injuries.
Resources for Complicated TBI Litigation
Ogborn Mihm works with leading physicians and medical facilities across the country to provide clients with exceptional care and help prove their injuries in court. In addition, we know about the latest neurological, neuroradiological, and neuropsychological modalities to establish and prove your case.
A Trial-Ready Legal Team
Our Denver lawyers are trial-tested. We are prepared to take your brain injury case all the way to court if we cannot secure a fair settlement from the insurance company. This trial experience and our strong reputation help us leverage settlement negotiations and maximize recoveries.
We Focus on Your Long-Term Well-Being
At Ogborn Mihm, our care and compassion go beyond the end of a case. Our TBI attorneys help clients plan for long-term individual and family needs. Our firm can offer you the support needed today and the framework you will need to move forward.
Contact Our Denver Brain Injury Attorneys
If you’ve suffered a brain injury or are caring for a loved one who’s suffered brain damage, Ogborn Mihm is here to help. Our team can help you secure compensation following a TBI and also assist in planning for your future. For a free consultation with our Denver brain injury lawyers, contact Ogborn Mihm today.
