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Traumatic Brain Injury

Answers to the most frequently asked questions about closed-head injuries or traumatic brain injury cases.

1. What is a concussion?

Answer: A concussion is an injury that comes from a violent jarring or shock to the head causing at least a temporary loss in brain function. A person may lose consciousness (though is not required to) in order to have a diagnosis of concussion. Other problems related to a concussion include amnesia, memory loss, difficulty concentrating, difficulty remembering, or a significant change in cognition.

2. What is a traumatic brain injury?

Answer: A traumatic brain injury, which is sometimes called an acquired brain injury or head injury or closed head injury, occurs when a sudden trauma causes some type of damage to the brain. The symptoms of a traumatic brain injury are categorized as mild, moderate, or severe depending on the seriousness of the damage. Symptoms of mild traumatic brain injuries include headaches, confusion, dizziness, blurred vision, changes in sleep or mood patterns, and problems with memory, concentration or attention.

3. Who can sue for a traumatic brain injury?

Answer: Anyone, a child or adult whose injury was caused by someone else’s negligence.

4. What type of medical personnel treat traumatic brain injuries?

Answer: A traumatic brain injury can be diagnosed by emergency room physicians, neurologists, neurophysiologists, cognitive therapists and even family doctors.

5. What is the treatment for a brain injury?

Answer: Anyone with symptoms of a moderate or severe traumatic brain injury should receive medical attention immediately. There are only a handful of facilities in Colorado that specialize in moderate to severe brain injury, which can often result in surgery. However, mild traumatic brain injuries can be treated a number of ways including cognitive retraining and medication. A substantial number of people fully recover from mild traumatic brain injuries.

6. What type of investigation should be done regarding the injury?

Answer: There should be an investigation done as soon as possible, which would include an interview with the investigating police officer, obtaining witness statements, obtaining photographs of the scene of the injury, and an analysis of the location of the accident scene. Interviews should be conducted with the ambulance and emergency room physicians.

7. What types of insurance coverage is available to pay for losses due to a brain injury?

Answer: In the event of all auto collisions, the liability insurance of the defendant (called the tortfeasor) would be liable for all of the damages, up to their policy limits. There may be uninsured and underinsurance coverage available if the defendant had low policy limits.

In the event a pedestrian or non-driver was at fault for the injury, the homeowner’s insurance policy of the negligent party may provide defense and liability coverage.

8. What damages am I entitled to recover for a brain injury?

Answer: Colorado allows an injured person to obtain economic and non-economic damages. The economic damages include past and future wage losses and lost earning capacity, past and future medical expenses, and funeral expenses in the event of a wrongful death. Non-economic damages include pain, suffering, emotional distress, impairment and disfigurement.

9. When do I have to file a Complaint in Court for my brain injury claim?

Answer: Motor vehicle cases have a (3) three-year statute of limitations, however all negligence actions, which are not motor vehicle related have a (2) two-year statute of limitations.

If your case is against RTD, or a governmental entity, a notice must be provided to the governmental entity within (6) six months of the date of the injury.

If the injured party is under the age of 18, the statute of limitations begins running on their 18th birthday. Hence, the statue of limitations in a motor vehicle collision expires on a minor’s 21st birthday and on their 20th birthday for a general negligence claim.

10. What are the chances that my closed-head injury or traumatic brain injury case will settle out of Court?

Answer: The overwhelming majority of cases (in excess of 90%) of motorcycle collision cases settle, so long as the motorcyclist is not at fault or has minimal comparative negligence.

These frequently asked questions and answers are designed to be general and not specific to any case or issue. Due to the complexity of any legal question, these answers may not take into account important and complicated material. Please consult one of our attorneys for any legal opinions before relying on any of the information on this web site. Please feel free to contact us your case.

For a free initial consultation with Hillyard, Wahlberg, Kudla & Sloane, LLP, call 800-630-2366 or contact us online.