Englewood Traumatic Brain Injury Lawyer
Traumatic brain injuries create turning points in people’s lives. Life after the injury will be very different from what it was before the injury, and the differences are apparent in every aspect of the victim’s life. Furthermore, bringing the injured person back to maximum possible functioning is a process that can require years of intensive work and medical intervention.
The financial, emotional, and physical tolls associated with traumatic brain injuries are enormous. However, an Englewood traumatic brain injury lawyer could offer useful referrals and support. A skilled injury attorney could also provide advice regarding how to preserve all the victim’s rights and establish a case for damages.
Proving Negligence in a Traumatic Brain Injury Claim
Colorado law, at C.R.S.§13.21.11, assigns liability to each party with responsibility for an accident, including the victim. A victim who bears the primary blame for an accident has no right to seek damages from other responsible parties.
In many cases, there are other parties whose combined negligence is primarily to blame for an accident, even when the victim holds some responsibility. Seasoned injury attorneys could probe the circumstances of the accident and identify other players, whether those are individuals, property owners, manufacturers, or governments, who may be liable for the victim’s injuries.
If a person who suffered traumatic brain injury has no responsibility for the accident, they will be able to seek damages to cover 100 percent of their out-of-pocket costs, including:
- Past and future medical expenses
- Lost wages and earning opportunities
- Costs of all necessary care and accommodation for the rest of the injured person’s life
- Compensation to family members for their services as caretakers and for the loss of the injured person’s contribution to family life
If the injured person bears some responsibility for the accident, the law requires a judge to reduce any damages they receive by a percentage that equals their degree of fault. For example, if the plaintiff was 20 percent responsible for the accident and demonstrates $1,000,000 in damages, the plaintiff would collect $800,000.
Compensation for Psychological Damages in a TBI Case
The expenses of recovering and living with the results of traumatic brain injury are not just economic—in many cases, the intangible costs are the most heart-breaking and difficult to bear. Liable parties must compensate injured persons for these losses, too. Money damages are available for pain and suffering, mental anguish, humiliation and embarrassment, loss of enjoyment of life, and other intangible losses that make up the devastation of a traumatic brain injury.
C.R.S. §13-21-102.5(3)(a) is a law that caps these “non-economic” damages. The cap is adjusted every two years. Currently, $613,760 is the maximum award for non-economic losses if the accident occurred after January 1, 2020. However, there is an opportunity for a skilled injury attorney to present clear and convincing evidence to persuade a court that this amount is insufficient. If such evidence exists and the argument is successful, a plaintiff may receive up to $1,227,530 for non-economic losses.
Deadline to File a TBI Claim in Englewood
Colorado’s statute of limitations for personal injury actions is only two years from the date of the injury. Sometimes an injury is not immediately apparent. The statute of limitations for “hidden” injuries begins running upon discovery of the injury.
If seeking damages from a governmental entity, an injured person has even less time to file a claim. If the injury occurred in a state park, for example, or in a vehicle accident that involved a city bus, a government might have liability in an accident. When seeking damages from a government entity, an injured person must first file a Notice of Claim. C.R.S.§24-10-109(1) allows an injured only 182 days from the date of the injury or its discovery to file this claim. A traumatic brain injury attorney could help to ensure that an injured person files all the required notices within the statutory timeframes in Englewood.
Retain the Services of an Englewood Traumatic Brain Injury Attorney Today
It is impossible to overstate the devastation of a traumatic brain injury. Seeking the services of a compassionate legal professional may be the best thing you can do for yourself and your family as you try to navigate your new normal.
Let an Englewood traumatic brain injury lawyer advocate for you. Schedule a consultation today.