Potential traumatic brain injuries (TBI) sustained in a car accident include:
With headquarters on Lincoln Street in Downtown Denver, the brain injury attorneys at Ogborn Mihm regularly handle cases involving serious head trauma and other life-changing harm after a crash. This article sets out the main types of brain injuries in car wrecks, how they occur, and what they can mean for your recovery and next steps.
If you’ve been diagnosed with a brain injury after a car wreck, we’re here to help. For a free consultation, contact our law firm today.
Denver’s roads carry a steady mix of commuter and commercial traffic. Major roadways like Interstate 25 and Interstate 70 connect us to surrounding cities and suburbs, while roads like Colfax Avenue, Colorado Boulevard, and Speer Boulevard handle dense urban traffic. Passenger vehicles, commercial trucks, delivery vans, and rideshare drivers all share these roads, often in stop-start conditions or at highway speeds.
Sudden braking, lane changes, adverse weather, and just bad driving can expose drivers and passengers to significant forces if they get into a motor vehicle accident, particularly in rear-end crashes, side impacts, and multi-vehicle collisions. These conditions create a real risk of serious head injuries that are not always immediately obvious.
The terms concussion and mild traumatic brain injury (mTBI) are often used interchangeably. What is a concussion/mTBI? .
A traumatic brain injury occurs when an external force disrupts normal brain function. This can happen:
A TBI affects how the brain behaves, not just what can be seen externally. Symptoms may include:
These symptoms can be easy to miss early on, which is why an accurate diagnosis is essential.
Insurers often rely on scan results that do not show clear findings or a lack of visible injury to challenge brain injury claims. Scans may appear normal, particularly with concussions and other mild TBIs, so diagnosis depends on clinical assessment and symptom history. A clear and consistent medical record is critical to showing that brain function has been affected.
If you experience symptoms after a collision, the steps you take can affect both your recovery and the assessment of your condition.
You may also wish to speak with an experienced brain injury attorney. The team at Ogborn Mihm can help ensure you receive appropriate care and begin gathering evidence to support your claim.
A concussion, or mild traumatic brain injury (mTBI), is the most common type of brain injury after a car accident. It involves a disruption to normal neurological function, even where there is no visible injury or clear finding on a scan.
Concussions affect how a person thinks, feels, and responds. This can include:
Concussions are often underestimated. The absence of visible injury or clear scan findings can lead to symptoms being dismissed, particularly in the early stages. On the other hand, injuries such as contusions and intracranial bleeding involve direct damage to brain tissue and are more readily identified.
Contusions and coup-contrecoup injuries involve localized trauma within the brain, typically caused by forceful movement during a collision. Unlike concussions, these injuries affect specific areas and are more likely to be identified on imaging.
A brain contusion is a bruise to brain tissue caused by impact. During a crash, the brain can strike the inside of the skull, leading to localized bleeding and swelling.
Common symptoms include:
The severity depends on the extent of the bruising and whether swelling places pressure on surrounding areas.
A coup-contrecoup injury involves damage at two points in the brain:
This pattern reflects the forces involved in the crash, particularly during sudden deceleration or directional change.
These injuries tend to produce more pronounced symptoms than a concussion. Depending on the area affected, this may include:
In some cases, symptoms worsen as swelling develops, and more serious complications such as internal bleeding may need to be considered.
Bleeds and hematomas involve the collection of blood in or around the brain following trauma. This buildup can place pressure on surrounding areas and interfere with normal neurological function.
The most common types of brain bleeds are:
An epidural hematoma forms between the skull and the outer covering of the brain. It is often linked to a direct impact and can develop quickly, sometimes after a brief period where the person initially appears stable.
A subdural hematoma occurs beneath the outer layer of the brain. It involves bleeding that accumulates over the brain’s surface and can compress nearby structures.
An intracerebral hemorrhage refers to bleeding within the brain itself. The effects depend on the area involved and may include changes in speech, movement, or cognition.
A subarachnoid hemorrhage involves bleeding in the space between the brain and the surrounding membranes. It is often associated with sudden, severe headaches and sensitivity to light.
These injuries involve bleeding in specific areas, while diffuse axonal injury and other severe TBIs involve more widespread disruption across the brain.
Diffuse axonal injury and other severe traumatic brain injuries involve damage that extends across multiple areas, rather than being confined to a single point.
Diffuse axonal injury occurs when nerve fibers are stretched or torn during a collision, often due to rapid acceleration or rotational movement. This disrupts communication between different parts of the brain rather than affecting one specific region.
Severe TBIs include injuries such as traumatic brain swelling (cerebral edema) and hypoxic brain injury, which can occur in high-impact collisions or where oxygen supply to the brain is disrupted. These conditions are associated with significant impairment and may involve reduced awareness, prolonged loss of consciousness, and lasting cognitive or behavioral changes.
The variation in how these injuries present makes accurate diagnosis and clear documentation essential in a car accident claim.
Diagnosing a traumatic brain injury relies on a combination of imaging, clinical findings, and reported symptoms.
Assessment begins with how the injury is described and observed. This includes whether there was confusion, disorientation, or memory gaps immediately after the collision, as well as how symptoms develop in the hours and days that follow.
Scans such as CT and MRI are used to identify structural problems, including fractures, swelling, or bleeding. However, they do not capture every type of brain injury. Concussions and other mild TBIs may not produce visible findings, which means scan results are considered alongside clinical assessment rather than in isolation.
Brain injuries are often understood through progression rather than a single snapshot. Follow-up appointments, symptom tracking, and functional changes provide a clearer picture of how the injury is affecting routine activities. When proving the severity of a brain injury, our law firm considers your life before and after the TBI.
In a car accident claim, the strength of the case often depends on how clearly the injury is recorded. Gaps in treatment, inconsistent reporting, or delays in seeking care can be used to question whether symptoms are linked to the collision. A detailed and consistent record helps establish both the presence of the injury and its ongoing impact.
Proving fault depends on linking the collision to the condition and supporting that link with evidence. The following legal principles apply under Colorado law.
It must be shown that another driver caused the collision. It must then be shown that the collision caused the condition, based on when symptoms were first reported and whether they are consistent with what happened.
Colorado applies a modified comparative fault rule. This means more than one party can share responsibility for a crash, and any damages awarded may be reduced to reflect that share. If a person is found to be 50% or more at fault, they are generally unable to recover compensation.
Car accident claims in Colorado are typically subject to a three-year statute of limitations. Acting within this timeframe is important, both to preserve the right to bring a claim and to ensure that evidence remains available.
Cases involving neurological injuries are complex and often raise the following questions:
No. Many cases are resolved through settlement once the medical evidence and extent of the injury are clear. However, disputes over how the injury occurred, the severity of symptoms, or the value of the claim can lead to litigation.
A pre-existing condition does not prevent a claim, but it may need to be carefully assessed as part of the overall medical evidence. Where the collision caused a new condition or made an existing one worse, this can still be taken into account.
The timeframe varies depending on how clearly the condition can be assessed and whether there are any disputes over fault or severity. In many cases, it is necessary to wait until there is a clearer understanding of the injury before the claim is resolved. Some cases settle within months, others take longer if further clinical assessment or specialist input is required.
Yes. Where someone lacks capacity, a family member or appointed representative can act on their behalf to manage the claim and make decisions in their best interests. This is often done through a court-appointed representative or guardian where required. The claim is then handled with a focus on securing the care and support that person needs.
If you have questions about your situation, we can address them during a free initial case assessment.
From our head office in Downtown Denver, the brain injury attorneys at Ogborn Mihm represent clients all over Colorado and across the nation. For more information, you can explore our website or contact our law firm for a free consultation.
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