The legal process in traumatic brain injury (TBI) lawsuits may involve medical records, testimony from doctors and other professionals, evidence about the accident, and questions about how the injury has affected work and everyday life. This can feel intimidating to clients who simply want to receive compensation so they can get on with their lives.
The team at Ogborn Mihm are trial-ready advocates, and we have taken Denver brain injury lawsuits all the way to court. Below is a general overview of what happens during a brain injury trial and what you can expect.
If you need to discuss your situation with trial-tested brain injury attorneys, contact our law firm today. Consultations are free, and we’re ready to listen.
Key Takeaways:
- Colorado brain injury cases are similar to other civil trials. The process typically involves discovery, jury selection, opening statements, presentation of evidence, cross examination, closing arguments, and a verdict. This could be followed by an appeal.
- Expert witnesses are often consulted for brain injury cases because they help juries understand the effects of a brain injury on daily life. Their testimony supports brain scans and statements from TBI victims and their loved ones about life before and after an injury.
- People who’ve suffered brain injuries may be asked to take the stand during a trial. The same is true of their family members and close loved ones. This testimony can be compelling to juries who want to understand the impact on daily life.
- Attorneys will work with clients and their families in case they may be called to testify in court. This helps people answer truthfully and confidently about what happened, even if cross examination feels adversarial.
Understanding the Denver Brain Injury Trial Process
What happens in a brain injury trial involves following the same basic structure as other civil trials in Colorado:
- Pre-trial preparation
- Jury selection
- Opening statements
- Presentation of evidence
- Cross-examination
- Closing arguments
- Verdict
The length of each phase depends on how complicated the case is and how many witnesses are involved.
What Makes Brain Injury Cases Challenging
Proving the severity of a brain injury carries extra considerations.
Juries need to understand what caused the traumatic brain injury and how it has changed a person’s daily life, memory, mood, and ability to work. That means more time in court spent on medical evidence and more reliance on doctors, therapists, and other specialists who can explain the injury in plain terms.
How Long Does a Brain Injury Trial Typically Last in Denver?
There is no single timeline for brain injury trials. Trial length varies widely depending on the number of witnesses, the challenges of the medical evidence, and the court’s schedule.
A straightforward TBI case might take several days, while more complicated cases involving multiple expert witnesses can stretch for weeks or longer.
What Is the Difference Between a TBI Settlement Negotiation and Going to Trial?
A settlement is a negotiated agreement between both sides, reached without a judge or jury deciding the outcome. Going to trial means a judge or jury will hear the evidence and make the final determination on liability and damages.
Settlements are typically faster and more predictable, while trials allow for the possibility of a larger award but come with added time, cost, and uncertainty.
Pre-Trial Preparation: Discovery, Depositions, and Expert Testimony
Long before anyone gets into the courtroom, both sides spend months (sometimes years) gathering information. This phase is called discovery, and it’s where each side collects records, exchanges evidence, and questions witnesses under oath.
For families, this stage can seem slow because much of the work happens outside the courtroom. Even so, these steps help determine what evidence and testimony will be presented at trial.
What Happens During Discovery in a TBI Case
During discovery, attorneys may do the following:
- Request medical records, imaging scans, and treatment histories
- Take depositions of the injured person, family members, and treating doctors
- Hire expert witnesses, such as neurologists or life care planners, to evaluate the injury and its long-term effects
- Review accident reports, witness statements, and any available video footage
What Are Depositions?
Depositions can be one of the more stressful parts of this pre-trial stage. They involve answering detailed questions from the opposing attorney, often about the accident itself and how the injury has affected daily life.
It’s common practice for injured plaintiffs to review their medical history and prior testimony beforehand so they feel ready to answer clearly and honestly.
Review of Brain Scans and Other Medical Evidence
The pre-trial phase is when review of TBI neuroradiology images become especially important. Brain scans can show damage that isn’t visible from the outside, and these images often play a central role later in the trial.
Jury Selection (Voir Dire) in Colorado Civil Courts
Once a case is set for trial, the next step is picking the jury. This process, known as voir dire, involves attorneys from both sides asking potential jurors questions to identify any biases that might affect their ability to judge the case fairly.
Colorado civil trials usually use a jury of six to twelve people, depending on the type of case. Selection can take anywhere from a few hours to a couple of days.
How Jurors Get Selected in Brain Injury Cases
Based on court procedures, attorneys usually inquire about jurors’ personal experiences with head injuries. They also seek to understand jurors’ perspectives on lawsuits and monetary damages.
Additionally, attorneys want to find out if jurors can set aside any preconceived notions regarding invisible injuries like brain damage. Because brain injuries don’t always show obvious physical signs, jury selection plays a significant role in building a panel that will take the medical evidence seriously.
Opening Statements: Presenting the Impact of a Traumatic Brain Injury
After the jury is seated, each side delivers an opening statement. This is the first chance for jurors to hear a summary of the case from both perspectives.
The plaintiff’s attorney typically goes first, outlining what happened, how the injury occurred, and what the evidence will show about its impact. In brain injury cases, this often means describing changes in memory, personality, physical ability, or the capacity to work and care for family. The goal is to give jurors a roadmap for the evidence they’re about to hear, without overstating what can be proven.
The defense then presents its own opening statement, often challenging the extent of the injury, disputing how it happened, or questioning whether the defendant was truly at fault.
Presenting Evidence: Medical Experts, Neuroradiology, and Life Care Plans
This is usually the longest part of a brain injury trial. Both sides call witnesses, present documents, and introduce evidence to support their version of events.
Common types of evidence in a brain injury trial include:
- Medical Records and Imaging: CT scans, MRIs, and other neuroradiology results help show the physical extent of the injury.
- Expert Witness Testimony: Neurologists, neuropsychologists, and rehabilitation specialists explain the injury in terms a jury can understand and describe how it affects thinking, memory, and behavior.
- Life Care Plans: These outline the future medical care, therapy, and support a person will likely need, along with estimated costs.
- Testimony from Family and Caregivers: Loved ones often describe day-to-day changes they’ve witnessed, which can help humanize the medical evidence.
- Vocational and Economic Experts: These witnesses testify about lost earning capacity and the financial impact of the injury.
Presenting the Evidence in a Way Juries Can Easily Understand
Because brain injuries can be harder to see than a broken bone, this stage relies heavily on clear, well-organized evidence.
Attorneys often use visual aids, timelines, and simplified explanations of brain scans to help jurors connect the medical findings to the person’s real-life struggles.
How Are Expert Witnesses Used in a Denver Brain Injury Case?
Expert witnesses also help translate complex medical information into terms a jury can understand. Neurologists may explain how the brain was injured. Neuropsychologists may testify about cognitive and behavioral changes. Life care planners may outline the future costs of treatment.
Expert witness testimony plays a key role in helping jurors connect the complex medical evidence to the day-to-day changes and struggles in a person’s life after a brain injury.
Cross-Examination and Defense Arguments in TBI Cases
After each witness testifies, the opposing side has the chance to cross-examine them. This is where the defense may question the credibility of medical findings, suggest that other factors contributed to the injury, or argue that the person’s symptoms are less severe than claimed.
How the Defense May Dispute the Severity of a Brain Injury or the Evidence
Common defense strategies in brain injury cases include:
- Arguing that a prior injury or medical condition caused some or all of the symptoms
- Questioning whether the incident was severe enough to cause the injury described
- Presenting their own medical experts to offer a different diagnosis or prognosis
- Highlighting inconsistencies between medical records, depositions, and trial testimony
Will My Family Members or I Have to Testify in Court? Will They Be Cross-Examined?
In most trials for brain injuries, the injured person and close family members do testify. This is because their firsthand accounts of life before and after an injury help connect the dots for the jury.
This also means that you or your loved ones may face cross-examination. That can feel adversarial, but our lawyers are here to prepare you for that possibility.
Our brain injury attorneys prepare witnesses ahead of time so they know what kinds of questions to expect and how to respond calmly and truthfully.
Closing Arguments, Jury Deliberation, and the Verdict
Once all the evidence has been presented, each side delivers a closing argument. This is the final opportunity to summarize the case, tie the evidence together, and tell the jury what verdict they believe is supported by the facts.
After closing arguments, the judge provides jury instructions, explaining the relevant laws and what the jury must decide. The jury then deliberates in private, a process that can take anywhere from a few hours to several days, depending on the case.
The Verdict and the Potential for an Appeal
Once the jury reaches a decision, they read the verdict in court. If the jury finds in favor of the injured party, it will also determine the amount of damages awarded. The average traumatic brain injury settlement in Denver is influenced by present losses, future medical care, lost income, and other damages.
Notably, a verdict is not necessarily the final event in every case. The overall brain injury lawsuit timeline can be longer because post-trial motions or an appeal may follow, depending on what happens at trial.
Contact a Brain Injury Lawyer to Support Your Brain Injury Trial
Every brain injury case is different, and not every case needs to go to trial. Still, understanding the process can help families feel more prepared if their case does end up in front of a jury. Ogborn Mihm handles complex trial matters and can be your guide through this long and intimidating process. To share your story with our brain injury lawyers, contact our law firm today.
