Lawsuits for Traumatic Brain Injuries in Colorado

Lawsuits for Traumatic Brain Injuries in Colorado

Written by Jeremy D. Earle, JD

May 11, 2023


A traumatic brain injury is a form of closed head injury that happens when the brain collides with the inside of the skull as a result of some type of accident. This is also referred to as a concussion. When a concussion occurs, it may cause no symptoms or impairments, mild symptoms that resolve fairly quickly, or result in permanent brain damage in the most severe accidents and result in a severe TBI.

Any traumatic brain injury (TBI) may severely impact a person’s life by causing physical, emotional, and cognitive changes and inadequacies. Some traumatic brain injuries are severe, with apparent diagnoses and symptoms.

However, the brain is a complex and poorly understood organ. As a result, even “moderate” or “small” brain injuries may significantly influence a person’s operation ability. The Glasgow coma scale is used to help define how serious the brain injury is and will be used by most doctors to determine a traumatic brain injury diagnosis. Motor vehicle accidents are the most common cause of traumatic brain injuries.

Standard imaging technologies such as an MRI or CT scan cannot always detect so-called mild traumatic brain injuries (mTBI). But just because it can’t be shown on a brain scan and the individual isn’t clearly “out of it” doesn’t mean the damage isn’t having a significant influence on their life.


If the sufferer loses consciousness and feels confusion and disorientation for less than 30 minutes, the traumatic brain injury is frequently described as “mild” or “minor” (for example, a concussion). Similarly, if an MRI or CT scan seems “normal,” they are generally placed in this group. Some doctors dismiss the injury as trivial and do a minimal follow-up to check that there isn’t a more significant problem when these signs are present.

Mild TBI is also known as:

Mild TBIs are the most common kind of TBI, even though they are often overlooked during the first evaluation. Even if the first symptoms, such as loss of consciousness and disorientation, do not remain long, the more chronic symptoms may. 15% of persons with mTBI have symptoms that persist for a year or more.

The persistent symptoms are caused by a condition known as post-concussive syndrome. Even though these injuries are not visible, at least not readily, their consequences may be severe.

Mild TBI Symptoms of Brain Injury Victims:

  • Mild Concussion
  • Head Injuries
  • Cognitive Symptoms
  • Fatigue
  • Headaches Memory Loss
  • Visual Disturbances
  • Sleep Disturbances
  • Seizures
  • Poor Attention/ Concentration Problems
  • Depression
  • Dizziness/Loss of Balance
  • Irritability/Emotional Disturbances 

TBI victims may also experience:

  • Nausea
  • Light Sensitivity
  • Sound Sensitivity
  • Loss of Smell
  • Mood Swings
  • Confusion
  • Feeling Lost
  • Delayed Thinking
  • Spinal Cord Injury
  • Frontal lobe damage
  • Chronic pain
  • Post Concussion Syndrome
  • Chronic traumatic encephalopathy
  • Other Cognitive Abilities Decreased

These symptoms may not develop for days or even weeks after the original damage contributes to the missed diagnosis. This is often owing to the subtlety of the signs and the scans’ lack of clear problems. Even family members, friends, and physicians close to a TBI sufferer may overlook the warning signals.


TBIs don’t usually show up as clear symptoms. Even though a list of symptoms is provided above, the damage is not always obvious. A person who has been hit in the head may have nausea and cannot tolerate bright light. They may endure major mood swings yet show no other signs or symptoms.

This is one of the main reasons why mTBI symptomatology is so difficult to depict. These injuries may not be as serious as those produced by acute head trauma, yet they may still be disabling.


So, how can an accident victim who has suffered a “minor” brain injury due to someone else’s carelessness seek compensation for their losses?

The quick answer is yes, with a well-thought-out argument.

There is no way around proving this form of TBI to a jury of six strangers is substantially more difficult than proving serious brain damage. If diagnostic imagining fails to establish the damage, the victim’s attorney must show that the patient’s mTBI causes the victim’s symptoms and changes.

It may be extremely difficult to persuade juries of this, especially if the impact that produced the TBI seems to be small (such as a moderate to a minimal auto accident or a seemingly minor bump to the head during a slip and fall).

The key to overcoming this obstacle and regaining financial stability is to offer a well-organized, thorough case that includes the appropriate facts, witnesses, and legal knowledge. A few things must be in place to do this.

First and foremost, the victim must look believable; otherwise, the whole case may appear to the insurance company, and eventually, to the jury, to be a hoax. Jurors have been dubious if they cannot see visible symptoms of what they consider an injury because major businesses and insurance firms waged a smear campaign to portray America as a “litigious nation.”

What we refer to as “Before and After Witnesses” are a key part of the case. The most important component of securing compensation for a “minor” brain damage case is the presence of this sort of witness. A “before and after” witness is someone who knew the plaintiff before and after the accident.

They’ll be able to testify to any personality changes, mood changes, personality changes, or other difficulties that may have emerged as a result of the alleged occurrence. Issues such as task retention, focus, memory, irritability, and personality changes are best shown by someone who has firsthand experience of how the TBI sufferer performed before and after the injury.

Finally, the jury will need to hear from a medical expert about the damage and how it has affected/could impact the victim. These medical specialists who will be testifying must seem rational, knowledgeable, and trustworthy. Having reliable physicians and experts on your side is critical in any brain injury lawsuit, particularly when the impairment isn’t visible on an MRI or CT scan.


Because the sufferer generally seems normal, a minor traumatic brain injury is commonly referred to as “the invisible injury.” Our civil justice system is especially harsh on accident victims who have difficulty seeing and feeling injuries.

The jurors can observe whether someone has a black eye or a broken arm. The jury recognizes that there has been an impact on someone’s life when they can no longer feed themselves. However, if these things aren’t immediately apparent, it might make things more difficult.

Additionally, the general public has been bombarded with a well-crafted narrative from companies and the insurance sector claiming that personal injury litigation is out of control. As a result, it’s not unusual for jurors to be prejudiced against personal injury plaintiffs and their cases.

When a case of mild traumatic brain injury (MTBI) goes to trial, insurance defense attorneys often emphasize the victim’s “normal look.” They’ll publicly question this seemingly irrelevant topic while downplaying any clinical signs of cognitive impairment.

The term “malingerer” (which means “time- waster”) is bandied about in the hopes that the jury or a member of the jury would begin to question the plaintiff’s assertions. Whether the damage claim is genuine or not, the defense attorney’s purpose is to invalidate it.

Furthermore, some medical professionals maintain many current preconceptions about traumatic brain injury. A lot of doctors use outdated information to determine whether or not a patient has suffered brain damage. A negative MRI or CT scan of the brain, for example, is often used by doctors to rule out a traumatic brain injury. However, these diagnostic techniques are often insufficiently sensitive or specific to identify what might be small brain damage. A separate test is required for this, but the doctor must remember to order it.


Because normal imaging examinations only reveal the anatomy of the brain, and mTBI requires something more. This is because a person’s brain structure may seem normal on a scan, but brain function may be significantly hampered by an injury that is not visible.

Instead, a functional brain scan, such as PET or SPECT scans, is required. Rather than only showing the brain’s anatomy, these scans reveal the function (or dysfunctional function) of the brain. A brain positron emission tomography (PET) scan looks for any damage in the brain by using a radioactive material called a tracer. It demonstrates how the brain and its tissues function or do not function.

An expert brain injury attorney may utilize these more active forms of scans to substantiate the presence of a TBI while augmenting it with proof of TBI-related cognitive, emotional, and physical symptoms.


A skilled brain injury lawyer will combine clinical data from a brain scan with expert and firsthand testimony from witnesses to create a compelling case. In this manner, the jury may look at the functional scan to determine whether the person’s brain is operating abnormally, hear from others close to the TBI victim about how they’ve changed, and hear expert testimony from a brain specialist on the impact of the victim’s particular damage.

It’s a winning formula.

Those who are unfamiliar with the process of commencing a TBI case and preparing it for trial may find it perplexing. Hiring a competent and experienced attorney who can educate the jury and understands how to effectively present a brain injury case may make all the difference in your ability to collect compensation for your injuries.

Make sure your lawyer understands how to win a brain injury lawsuit and takes them seriously.

Call a brain injury lawyer Warrior Car Accident Lawyers, now for a free case review and consultation if you or someone close to you is suffering from cognitive, emotional, or physical symptoms of a TBI as a result of an accident. We hope to be of assistance to you.

Colorado personal injury law: issues in a tbi case


Traumatic brain injuries (TBIs) cause severe financial and intangible losses for those who sustain them in accidents. Fortunately, the law allows brain damage sufferers to seek compensation for their losses by filing a personal injury claim in civil court.

The legal procedure is quite particular, and it is regulated by a plethora of distinct and complex procedural regulations.

Furthermore, the person against whom you launch the action will almost certainly do all possible to avoid being held liable for your damages. If you intend to pursue a legal claim, you should seek the advice of an attorney for these and other reasons.

Every personal injury case is unique, and claims arising from traumatic brain injuries may present various legal challenges. As a result, when selecting an attorney for your case, be certain that the attorney has particular expertise in managing brain injury cases. The following are a few instances of legal concerns that might emerge in a traumatic brain injury-related personal injury lawsuit.


To get compensation in a personal injury lawsuit, a plaintiff must show that another party was negligent and that the carelessness caused or contributed to the accident that resulted in the damage.

When you claim that the other party was negligent, the courts will not just accept your word for it; instead, they will ask you to submit certain forms of proof in a specified way, as allowed by stringent legal standards. However, before you can offer proof, you must first obtain it.

Finding proof that a third party’s carelessness caused your traumatic brain injury is not always easy, and the evidence will differ depending on the sort of event that happened.

In many situations, a detailed investigation into the facts of your accident is required, which may include witness interviews, the acquisition of documents such as police reports and other records, the gathering of analyses and opinions from different specialists, and much more. As a result, you’ll  need an attorney who has the means to acquire the evidence required to show carelessness.


Many irresponsible parties try to reduce their guilt in traumatic brain injury lawsuits by alleging that you were partly responsible for the accident and your traumatic brain injury. A competent attorney will know how to counter these comparative culpability allegations.

Fortunately, Colorado law permits traumatic brain injury sufferers to recover a portion of their damages even if they were somewhat at fault; nevertheless, contesting against comparative responsibility claims may maximize your compensation. If the opposing party establishes comparative fault, your compensation will be reduced by the proportion of fault you are held responsible for.

Damages Calculation

Another challenge that brain injury patients have is establishing the extent of their losses to prove that they are entitled to the compensation they are seeking. Damages might be awarded for a variety of damages, including:

past and future medical bills lost income and benefits Suffering and anguish Emotional anguish Permanent incapacity

Loss of pleasure of life

While previous financial losses are relatively easy to verify via medical bills and pay statements, future losses might be more difficult to anticipate. They may need the help of economic or medical specialists. Furthermore, accurately valuing the intangible losses of brain injury sufferers might be difficult because they may face several problems and hardships for a long time.


Litigating a personal injury lawsuit may be difficult because you must ascertain the nature of the injuries, when and how they happened, the circumstances surrounding the occurrence that caused the injuries, whether the injured party has received treatment, and the total magnitude of the injury’s losses.

Furthermore, you must consider the nature of the parties engaged in the litigation, such as whether they are individuals or corporations, as well as whether or not insurance is involved. All of this material will serve as the foundation for your lawsuit and trial strategy.

Litigating a traumatic brain injury (TBI) lawsuit is ten times more difficult since there are unique concerns that may catch even the most seasoned trial attorney off guard. This blog will go through the legal concerns that arise while dealing with a traumatic brain injury case.

Various soft tissue injuries, such as mild damage to muscles, ligaments, and tendons, may cause discomfort, swelling, and bruising. Other injuries include lacerations, cuts, fractures, and catastrophic injuries such as amputations/limb loss, spinal cord injuries, burns, deformity, scars, paraplegia, quadriplegia, electrocution, head trauma, and traumatic brain injuries.

When someone injures another person, that person is usually required to pay the injured person for both the injuries and the damages incurred as a result of those injuries. If a lawsuit is brought, the injured party may be awarded specific damages such as medical costs, lost earnings, lost future income, and general damages such as pain and suffering, as well as punitive damages in certain situations.

These damages may be significant in traumatic brain injury cases, given the severity of the injury and the fact that the ramifications can be catastrophic and life-changing for the wounded individual and their family in certain situations.

As a result, in a traumatic brain injury litigation, the defendant or defendants will try everything necessary to escape guilt, which may raise several concerns that the plaintiff’s law firm should be aware of. The first legal difficulty is that the plaintiff has the burden of proof and the burden of persuasion to show all components of his case using the preponderance of evidence test.

That is, the plaintiff must persuade the judge or jury that the facts (accident, causation, injuries, and damages) are more likely than not what they claim. The most contentious issues are causation, injuries, and damages, and the plaintiff’s attorney spends most of their time and effort on these issues during and before litigation.

Another legal challenge you can encounter as the plaintiff’s law firm in a traumatic brain injury lawsuit is overcoming the other party’s defenses. The defendant may attempt to show that the plaintiff was at fault or that their actions contributed to the plaintiff’s injuries. Previous injury lawsuits, traffic violations (in case

the injury was caused by a motor car accident), dishonesty crimes (e.g., fraud, theft, robbery, larceny, etc.), or felonies committed within the last ten years are all things that the defendant’s law firm may try to dig into the plaintiff’s background to see if there is anything in the plaintiff’s past that could affect his credibility regarding the extent of his injuries.

Frequently, the defendant would claim that pre-existing mental disorders existed and then try to perplex the jury as to what those mental issues were after the accident.

Furthermore, the defendant’s law firm may admit that the event occurred and that it was the defendant’s responsibility, but that no injuries, let alone a traumatic brain injury, were sustained due to the occurrence. This defense argument may be difficult to make, particularly when dealing with minor traumatic brain injuries that don’t have obvious indications and symptoms.

For example, if the plaintiff was injured in a motor car accident caused by the defendant, and the plaintiff was taken to the emergency room where a series of studies were performed, including CAT scans and a Glasgow Coma Scale Evaluation, and both the signs and symptoms “appeared normal” to the emergency personnel, the defense attorney could use this against the plaintiff by arguing there was no brain injury.

An experienced traumatic brain injury lawyer should be aware that not all brain injuries show obvious signs or symptoms and that further tests or examinations may be required in certain circumstances to identify whether the client has suffered a traumatic brain injury or not. Furthermore, a competent traumatic brain injury attorney should follow the appropriate procedures to contest the defense expert witness’s conclusion. Please read our blog titled “Proving Defense Expert’s Opinions Are Inadmissible” for more details.

In a traumatic brain injury case, significantly more legal concerns might surface, making a traumatic brain injury-related lawsuit considerably more difficult than a typical personal injury case. The lawyers at the Amaro law office have extensive expertise handling these types of matters and have successfully handled brain injury cases, including these difficulties. For a free case review, give us a call.


Selecting an attorney may be stressful, and you may wonder whether you’re making the correct choice. Warrior Car Accident Lawyers, we are dedicated to providing the best possible representation in every traumatic brain injury case, working closely with clients, and utilizing all available resources to ensure that you receive just compensation for all of your injury-related losses.

We would gladly answer any questions you may have about our brain injury experience, so please do not hesitate to contact one of our lawyers for a free consultation as soon as possible. Call our office at 719-881-8976 to see how we can assist you right now.

Warrior Car Accident Lawyers

1902 W. Colorado Ave., Suite 100

Colorado Springs, CO 80904


Free Consultation


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