Mintz Law Firm
A Brief Summary of the Following Page
-Accidents Leading to Traumatic Brain Injuries: Various accidents, including auto accidents, defective products, medical malpractice, slips and falls, and sports injuries, can result in traumatic brain injuries (TBIs) in Denver.
-Types of Traumatic Brain Injuries: TBIs come in three levels of severity: mild (concussions), moderate (post-concussion syndrome), and severe (closed and penetrating brain injuries).
-Symptoms of a Traumatic Brain Injury: Symptoms vary, but they can include physical and sensory difficulties in mild TBIs and additional symptoms like seizures and dilated pupils in moderate to severe TBIs.
-Establishing Liability for Brain Injury Claims: To seek compensation for brain injuries, you must prove duty of care, negligence, a direct link between negligence and the injury, and economic and non-economic damages. A lawyer can help with this process.
-To schedule a free consultation, call us at (303) 462-2999 or complete our contact form today.
TBI/Brain Injury Lawyer in Denver, CO
Traumatic brain injuries (TBIs) are more common than you would expect. The Centers for Disease Control and Prevention reports that there were roughly 223,050 TBI-related hospitalizations in 2018. Traumatic brain injuries are also some of the most serious injuries you can sustain from an accident. Thousands of people die from TBIs every year, and those that survive them must adjust to a new way of life.
TBIs are often the result of injuries from accidents caused by negligence. An accident resulting in a TBI can result in immense physical, emotional, and financial losses. If you or a loved one has been in an accident and suffered a head injury, even a minor one, you or they may have suffered a traumatic brain injury. You should not be held financially responsible for the aftereffects of an accident that occurred due to circumstances beyond your control. Consult a personal injury lawyer about your case to learn more about your legal options.
What Types of Accidents Lead To Traumatic Brain Injuries?
Accidents that result in a blow to the head are the most common cause of traumatic brain injury. TBIs of varying severity can be caused in many different ways. Common causes of traumatic brain injuries in Denver include personal injury cases such as:
- Auto accidents: In a motor vehicle, your head and neck are vulnerable to being jolted in an accident. Car crashes, commercial truck accidents, motorcycle wrecks, and pedestrian collisions all have the potential to cause victims to injure their heads and incur other injuries as well.
- Defective products: When a product is defective, it’s uncertain how well it will perform. Defective products can even cause harm by malfunctioning.
- Medical malpractice: Medical professionals are also susceptible to acting negligently. Clerical errors and carelessness can lead to patients developing injuries and illnesses.
- Slips, trips, and falls: These types of accidents most often affect children and the elderly. Falling from high places or on hard surfaces makes falling accidents particularly dangerous.
- Sports and athletic activities: Sports and activities that require projectiles or contact with other players run the risk of giving players head injuries. TBIs are well-documented in people who practice football, baseball, hockey, skiing, skating, and soccer.
TBIs are more common in accidents such as car accidents and sports injuries, however all of these accidents and more can cause a mild, moderate, or severe TBI.
What Are the Different Types of Traumatic Brain Injuries?
A traumatic brain injury can occur if your head is in danger of being damaged or badly jolted. TBIs have degrees of severity, and the severity of your TBI will be primarily determined by the power of the impact on your head. Mild, moderate, and severe TBI injuries are the three levels of TBI.
Mild Traumatic Brain Injuries
Mild TBIs are more commonly known as concussions. They are typically temporary conditions where most sufferers fully recover after resting. Mild TBIs usually occur after a mild blow to the head. This blow may or may not have caused a loss of consciousness and made the brain more vulnerable to severe brain damage if the victim sustained another injury.
Moderate Traumatic Brain Injuries
Moderate TBIs are also referred to as post-concussion syndrome or persistent post-concussive symptoms. While people with mild TBIs usually recover after some rest, those who suffer from moderate TBIs require more care and a longer recovery time. Concussion symptoms can last anywhere from a few months to more than a year after a head injury at this level, and they may even worsen with time.
Severe Traumatic Brain Injuries
Unlike the other types of TBIs, severe TBIs have two forms. Closed brain injury and penetrating brain injury are the two forms of severe TBIs. When the brain is injured while moving about inside the skull, it is a closed brain injury. Foreign objects penetrating the skull and injuring the brain tissue produce penetrating brain injuries.
What Are the Symptoms of a Traumatic Brain Injury?
TBIs can have a wide range of physical and psychological consequences. Scarily, some indications of a brain injury or symptoms may arise directly after an accident, while others may be delayed and take days or weeks to appear. Because of the possibility of latent injuries, it is critical to seek medical attention as soon as possible after receiving a head injury. Mayo Clinic notes that there are many indicators of traumatic brain injury, some of which have been included here.
Symptoms of Mild Traumatic Brain Injury
Physical and sensory difficulties are potential signs of a mild traumatic brain injury. Physical symptoms are indications of injury that are connected to the body. Physical symptoms of a TBI include:
- Nausea or vomiting
- Fatigue or drowsiness
- Problems with speech
- Dizziness or loss of balance
Sensory symptoms are more closely connected to a person's mind or senses. Sensory symptoms of a TBI include:
- Confusion or disorientation
- Feeling depressed or anxious
- Fluctuations in mood
- Light or sound sensitivity
- Losing consciousness for a few seconds to a few minutes
- Memory or concentration problems
- Sleeping problems
It’s important for those around a person who has received a head injury to watch out for these symptoms.
Symptoms of Moderate to Severe Traumatic Brain Injuries
Moderate to severe TBI symptoms usually arise in the first hours to days following a head injury. In addition to the symptoms of mild TBIs, moderate to severe TBIs can exhibit the following symptoms:
- Convulsions or seizures
- Coordination problems
- Dilation of one or both pupils
- Headache that doesn't go away or becomes worse
- Inability to awaken from sleep
- Losing consciousness for several minutes to hours or falling into a coma
- Profound confusion
- Slurred speech
- The nose or ears oozing clear fluids
- Vomiting or nausea
- Weakness or numbness in fingers and toes
If you or someone close to you starts experiencing these symptoms, seek medical attention.
Establishing Liability for Your Brain Injury Claim
To get compensation for your brain injuries, you will need to find a way to establish another individual’s liability for your losses. Demonstrating that responsible parties should be held accountable can be difficult, but with the help of a skilled lawyer, you can get the compensation you deserve. The following items will need to be proven to establish liability during your claims process:
- You were owed a duty of care or a degree of mindfulness from others to protect your safety and well-being
- Someone broke that duty of care by acting negligently or irresponsibly
- That negligence in the incident is directly connected to you facing brain injury
- You face economic and non-economic damages due to the injury and the incident
We encourage you to work with a brain injury lawyer who serves the Denver area, as this is a great way to navigate legal proceedings with confidence and speed. Your attorney from Mintz Law Firm can help you collect evidence that proves the other party’s liability.
What Damages Are Available in a Traumatic Brain Injury Claim?
Suffering a brain injury can be life-altering, impacting every aspect of your life. In a personal injury lawsuit, the damages you can recover are crucial for determining the compensation you deserve. Understanding the economic and non-economic losses sustained as a result of your injury is crucial for understanding your potential settlement.
- Medical Expenses: The financial toll of a brain injury extends from hospital stays to nursing care. Every aspect of caring for a brain injury contributes to recoverable medical expenses.
- Property Damage: In the aftermath of an accident causing a brain injury, property damage is a tangible loss that can be recovered through a lawsuit.
- Lost Wages and Loss of Earning Ability: The inability to perform basic tasks often translates to an inability to work. Recovering lost wages and compensating for diminished earning ability is a vital part of your claim.
- Lifestyle Change Expenses: Sometimes, life after a brain injury requires adjustments, such as wheelchair accessibility or assisted living. These necessary lifestyle changes are factored into your claim.
- Pain, Suffering, Distress: The emotional toll of a severe brain injury is immeasurable. Damages for pain, suffering, and distress acknowledge the intangible yet profound impact on your well-being.
- Loss of Quality of Life: A diminished quality of life post-injury is a substantial loss. Your claim accounts for the lifestyle changes and challenges that affect your daily existence.
While Colorado imposes rules capping non-economic damages, understanding the full scope of potential recovery is crucial. Consult with our brain injury lawyers at Mintz Law Firm to gain clarity on the worth of your claim and navigate the legal landscape effectively.
Determining the Value of Your Traumatic Brain Injury Claim
Suffering a traumatic brain injury not only impacts your health but also necessitates fair compensation for the damages incurred. The value of a traumatic brain injury claim is influenced by several key elements, each playing a crucial role in calculating an equitable settlement. Let's delve into these components to better understand how the value of a TBI claim is determined.
Severity of the Injury
The foremost factor in assessing the value of a traumatic brain injury claim is the severity of the injury. Not all TBIs are the same, and the consequences can vary widely. From mild concussions with temporary symptoms to more severe cases leading to lifelong impairments, the extent of the injury significantly influences the settlement amount. More serious injuries often result in higher compensation to address the long-term impact on the individual's life.
Medical and Long-Term Care Needs
TBIs frequently require ongoing medical care, rehabilitation, and long-term support. The calculation of a TBI claim considers not only immediate medical expenses but also anticipated future needs. Younger individuals may receive higher settlements, reflecting the potential for longer-lasting effects and increased long-term care requirements. This element ensures that the compensation accounts for the comprehensive care and support needed throughout the individual's life.
Impact on Your Ability to Work
The ability to work is a crucial aspect of a traumatic brain injury claim. Individuals can seek compensation for lost income, including claims for lost wage-earning capacity. This extends to situations where the individual can return to work but in a limited capacity or less demanding role, resulting in a significant reduction in earning potential. The financial impact on the individual's career and livelihood is factored into the overall settlement amount.
Pain and Suffering
Beyond economic losses, TBIs often lead to non-economic damages, such as pain and suffering. The emotional toll, personality changes, social challenges, and the loss of hobbies and relationships are considered when determining the value of the claim. These intangible consequences, while not directly tied to financial costs, significantly contribute to the overall impact of the injury on the individual's quality of life.
How Does a Brain Injury Attorney Help?
Suffering a traumatic brain injury (TBI) is a life-altering event that requires not only medical attention but also legal support to navigate the complexities of a personal injury claim. A skilled brain injury attorney plays a pivotal role in ensuring that your rights are protected by providing the following benefits:
- Expertise in Brain Injury Cases: These attorneys are well-versed in the medical intricacies of brain injuries, enabling them to understand the full extent of your condition.
- Determining Liability: A skilled attorney will investigate the circumstances surrounding your injury, gather evidence, and identify the responsible party, which is essential for building a strong case and holding the negligent party accountable.
- Valuation of Damages: Quantifying the damages resulting from a traumatic brain injury is a complex task. A brain injury attorney assesses both economic and non-economic losses, ensuring that your claim accurately reflects the full extent of your suffering.
- Negotiating with Insurance Companies: Dealing with insurance companies can be daunting, especially when coping with the aftermath of a brain injury. An experienced attorney acts as your advocate in negotiations, skillfully communicating with insurance adjusters to secure a fair settlement.
- Litigation Support: While many cases are resolved through negotiation, some may proceed to litigation. From filing the lawsuit to representing you in court, they ensure that your case is presented effectively, maximizing the chances of a favorable outcome.
- Securing Your Future: A traumatic brain injury can have long-term consequences, requiring ongoing medical care and support. A skilled attorney considers the future impact of your injury, advocating for compensation that addresses not only current expenses but also the potential challenges you may face in the years to come.
Partnering with a dedicated brain injury attorney is instrumental in navigating the complexities of a traumatic brain injury claim. Our team’s commitment to your well-being ensures you have the support needed to achieve a fair and just resolution.
Colorado Traumatic Brain Injury Resources
If you require additional support or information about brain injuries, there are various resources that can help you navigate the complex legal process after a traumatic brain injury. We encourage you to explore the following sites:
- Colorado Department of Education
- Brain Injury Alliance Colorado
- Mind Source Brain Injury Network in Colorado
- The Brain Injury Association of America
Also, getting medical attention as soon as possible can be a great way to get help and vital support for any noticeable or latent injuries. Ensure that you prioritize your health and well-being during this difficult time.
Contact the Experienced Brain Injury Lawyers at Mintz Law Firm
Our brains are arguably the most important parts of our bodies. They play a key role in defining who we are and what we can do. Brain injuries can alter our abilities in devastating ways. They can make it more difficult to perform activities that used to come easily to you and have a long-term impact on your physical and mental health. Treating and living with a traumatic brain injury is costly, both financially and emotionally. Anyone who has sustained a TBI caused by a negligent act is entitled to fight for justice and compensation.
The lawyers at Mintz Law Firm have years of experience handling various personal injury cases for TBI victims. ur firm is familiar with the intricacies of TBI cases and can use our skills to secure fair compensation for you. We know how to treat our clients with the respect and empathy they deserve while fighting for their rights, so you can rest assured that our strategy will always be in your best interest. To schedule a free consultation, call us at (303) 462-2999 or complete our contact form today.