Denver Brain Injury Lawyers
Advocating for Accident Victims of Head Trauma in Colorado
According to doctors at Colorado University Medical Center, among the leading causes of traumatic brain injury (TBI) are auto accidents, falls, and sports injuries. When TBI, brain trauma, or other closed head injury are caused by the negligent acts of an individual, business, or governmental entity, you may need an aggressive attorney to help you pursue compensation from the responsible party.
The experienced Denver brain injury lawyers at Springer & Steinberg, P.C. are here to help individuals and families get back on their feet physically, financially, and emotionally after a devastating accident.
For a free, confidential review of your case, give us a call at (303) 861-2800 or contact us online.
We Have Extensive Experience with Traumatic Brain Injury Claims
Brain injury cases can be challenging for a number of reasons, including the possibility that the victim either may not recall the accident or may not have adequate functioning to assist in preparing the case for trial. Also, the effects of a brain injury – such as loss of cognitive ability, diminished consciousness, or emotional disturbances – can be relatively subtle and more difficult for a jury to see than more obvious injuries, such as fractures and lacerations. This may make the assistance of a knowledgeable attorney particularly vital.
With our long history of representing Colorado’s injured, we at Springer & Steinberg, P.C. have the understanding of legislation and case law that is necessary to effectively handle complex brain injury claims. Our goal is to pursue maximum compensation under Colorado law.
We have experience with brain injury cases involving:
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Slip and fall accidents
- Falls from heights
- Workplace accidents
- Car accidents
- Trucking accidents
- Medical malpractice
- Inadequate security
- Swimming and boating accidents
- Defective products
Bringing a Claim for Compensation
Regardless of the exact cause of a brain injury, the case will most likely proceed under the law of negligence. That means the injured person must prove that:
- The defendant owed the injured person a duty to act responsibly;
- The defendant failed to uphold the duty that was owed;
- There a direct causal link between the defendant’s breach of duty and the injured person’s harm; and
- The victim sustained actual damages that can be quantified.
In some types of cases, such as medical malpractice or product liability, there may be other inquiries in addition to the basic outline of a negligence lawsuit. On certain occasions, an expert’s opinion may be necessary in order to lay the foundation for proving the particular duty that was owed by the defendant and whether the duty was in fact breached.
An experienced brain injury attorney from Springer & Steinberg can fully investigate the circumstances of the accident that gave rise to the victim’s harm. This may include a careful review of factual information such as police or accident reports, witness interviews, and photographs.
Obtaining Fair Compensation for the Effects of Brain Injuries
Establishing the losses caused by the long-term effects of a brain injury can be difficult. Experts may be required to prove economic damages, such as past and future medical expenses, lost wages, and lost earning capacity. An injured person may also be entitled to pursue noneconomic damages, such as pain and suffering. Compensation for head trauma and executive functioning symptoms like headaches, loss of concentration, and memory loss may need to be taken into account.
Pursuant to Colorado Revised Statutes, Title 13, Article 21: Damages, a victim of a traumatic brain injury may be entitled to compensation for:
- Medical expenses, including ongoing treatment
- Medical supplies, assistive devices, and medication
- In-home treatment or care
- Physical, occupational, and vocational therapy
- Noneconomic losses and emotional trauma (this may be limited under § 13-21-102.5)
- Loss of earnings, wages, benefits, and bonuses
- Loss of future earnings/earning potential
Exemplary damages may even be awarded, under § 13-21-102, if the at-fault party acted with willful and wanton conduct, fraud, or malice.
Protect Your Rights by Enlisting a Skilled Brain Injury Attorney
In situations in which the injured person’s own actions contributed to the accident, his or her damages may be reduced in proportion to his or her level of fault, providing that the claimant’s fault was not more than the defendant’s fault. Colorado’s modified comparative fault rule is sometimes called the “51% bar rule” because it bars recovery if the claimant was 51% or more at fault in the accident. This is covered under Colorado Revised Statutes § 13-21-111.
If you have been involved in a car accident, fall, workplace accident, or another event in the Denver area that resulted in a brain injury, the attorneys at Springer & Steinberg, P.C. can tenaciously advocate for your rights. We represent individuals from communities throughout Douglas, Arapahoe, and Jefferson Counties, among other areas of Colorado.