Table of contents
- Why Handles Brain Injury Cases
- Understanding Traumatic Brain Injury After a Car Accident
- Types of Compensation You Can Recover in Colorado
- Colorado’s Comparative Negligence Law and Your Claim
- Frequently Asked Questions About TBI Compensation in Colorado Springs
- Take Action After Your Colorado Springs Car Accident
- Related Posts
A traumatic brain injury from a car accident can change your life in an instant. Medical bills pile up, recovery takes time, and you may struggle with physical, emotional, and cognitive challenges. Colorado law allows you to seek compensation for these losses. Understanding what damages you can recover—and how to pursue them—can be an important step toward protecting your financial future after a traumatic brain injury car accident in Colorado Springs.
Why Matlin Injury Law Handles Brain Injury Cases
When you suffer a traumatic brain injury, it is important to work with an attorney who understands both the medical aspects of your injury and the legal strategies that can help you seek fair compensation. Matlin Injury Law has helped Colorado Springs residents pursue TBI claims and work to recover damages available under Colorado law.
Our team brings knowledge of Colorado’s personal injury laws and experience handling brain injury cases. We work on a contingency fee basis, meaning you typically pay no legal fees unless we obtain a recovery for you, as outlined in your fee agreement. We take the time to understand your injury, your medical needs, and your long-term recovery goals. Rather than rushing to settle, we work to build cases backed by medical evidence and testimony from appropriate professionals. Our Colorado Springs personal injury lawyers have represented over 1,000 clients in catastrophic injury cases.
Understanding Traumatic Brain Injury After a Car Accident
What Happens to Your Brain in a Car Accident
A traumatic brain injury occurs when the force of a car accident causes your brain to move inside your skull or damages brain tissue directly. Your head may strike the steering wheel, dashboard, or window. The sudden acceleration and deceleration of the crash can cause your brain to shift and bounce within your skull, damaging nerve fibers and blood vessels. Even without a direct blow to your head, the violent motion of a crash can cause a TBI. Head-on collisions and rear-end collisions are common causes of traumatic brain injuries.
What makes TBI particularly dangerous is that symptoms often don’t appear immediately. You might feel fine at the accident scene, only to experience serious symptoms days or even weeks later. This delayed onset makes it critical to seek medical attention right away, even if you feel okay initially. Understanding what to do after a car accident can help protect both your health and your legal claim.
Common TBI Symptoms You Shouldn’t Ignore
Traumatic brain injuries produce a wide range of symptoms. Physical symptoms include headaches, dizziness, nausea, fatigue, and sensitivity to light or noise. Some people experience balance problems or difficulty with coordination. These physical symptoms can be debilitating and require ongoing medical care.
Cognitive symptoms are equally serious. You might struggle with memory, concentration, or processing information. Decision-making becomes harder. You may feel confused or disoriented, even in familiar situations. These cognitive changes can significantly impact your ability to work and earn income.
Emotional and behavioral changes often accompany TBI. Mood swings, irritability, anxiety, and depression are common. Some people experience personality changes that affect their relationships and work performance. Sleep disturbances frequently occur, making recovery even more challenging. These symptoms can significantly impact your quality of life and earning capacity, which is why loss of enjoyment of life is an important component of your claim.
Types of Compensation You Can Recover in Colorado
Colorado law recognizes that a traumatic brain injury can create both immediate and long-term financial burdens. The compensation you can recover generally falls into two main categories. Understanding types of damages is essential for evaluating your claim’s value.
Economic Damages (Measurable Financial Losses)
Economic damages cover the concrete financial costs of your injury. Medical expenses form a major component. This includes emergency room treatment, hospital stays, surgery, rehabilitation therapy, medications, and ongoing medical care. If your injury requires long-term treatment, future medical costs may also be recoverable. Colorado does not impose a general statutory cap on economic damages in personal injury cases.
Lost wages represent another significant economic damage. If your injury prevents you from working during recovery, you may seek to recover the income you lost. If your injury permanently reduces your earning capacity, you may pursue compensation for that lost earning potential. This is particularly important for catastrophic injuries that affect your long-term career prospects.
Additional economic damages can include home modifications needed for accessibility, assistive devices like mobility aids or communication devices, and transportation costs related to medical treatment and rehabilitation. Catastrophic injury claims often include substantial costs for these accommodations.
Non-Economic Damages (Quality of Life)
Non-economic damages compensate you for the ways your injury affects your quality of life. For civil actions filed on or after January 1, 2025, Colorado generally caps non-economic damages at $875,000 under C.R.S. § 13-21-102.5(3)(a)(II), with an upper limit of $1,500,000. A court may award up to the $1,500,000 upper cap upon a finding of clear and convincing evidence that the lower cap would be unfair.
Within those limits, you may seek recovery for pain and suffering, emotional distress, and mental anguish—including anxiety, depression, and trauma. These damages recognize the real suffering you experience beyond medical bills.
Loss of enjoyment of life recognizes that your injury may prevent you from participating in activities you once enjoyed. If your injury affects your marriage or civil union, your spouse or civil union partner may seek damages for loss of consortium—the loss of companionship, support, and intimacy caused by your injury.
Colorado’s Comparative Negligence Law and Your Claim
Colorado follows a modified comparative negligence rule under C.R.S. § 13-21-111, often referred to as the “50% bar rule.” This rule affects how much compensation you can recover if you share some responsibility for the accident.
You can recover damages as long as you are less than 50% at fault for the accident. Your compensation is reduced by your percentage of fault. For example, if you are 20% at fault and your total damages are $100,000, you would recover $80,000. If you are found to be 50% or more at fault, you cannot recover any compensation. Insurance companies often try to shift blame to injured victims to reduce their payout. Matlin Injury Law works to protect your rights and advocate for a fair assignment of fault. Understanding comparative negligence is critical for protecting your claim.
Frequently Asked Questions About TBI Compensation in Colorado Springs
How long do I have to file a claim after a car accident?
Colorado law generally gives you three years from the date of your accident to file a personal injury lawsuit arising from a motor vehicle incident under C.R.S. § 13-80-101(1)(n). Don’t wait until the last moment. Evidence can disappear, witnesses’ memories fade, and medical records become harder to obtain. The sooner you contact an attorney, the more opportunity there may be to develop a strong case. Statute of limitations deadlines are strict and cannot be extended in most cases.
Can I recover compensation if I was partially at fault?
Yes. You can recover compensation in Colorado even if you were partially at fault, as long as you are less than 50% responsible. Your compensation will be reduced by your percentage of fault. This is why it is important to have an attorney who can present your case effectively and work to minimize any finding of fault against you. Learn more about how personal injury lawyers get paid on a contingency basis and how we protect your interests.
Take Action After Your Colorado Springs Car Accident
If you’ve suffered a traumatic brain injury in a car accident, time is important. Seek medical attention immediately, even if you feel okay. Document everything—the accident scene, your injuries, your medical treatment, and how your injury affects your daily life. Taking these steps protects both your health and your legal claim.
Contact Matlin Injury Law for a free consultation. We will review your case, explain your legal options, and answer your questions. We work on a contingency fee basis, so you typically pay no legal fees unless we obtain a recovery for you, as described in your fee agreement. Call (303) 487-8911 today or reach out online to schedule your free case evaluation.
