Fort Lupton Traumatic Brain Injury Lawyer
The CDC describes a traumatic brain injury as a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury. Although many brain injuries cause only temporary problems, some result in permanent physical and psychological complications or even death. Those complications can take an immense mental and financial toll on a brain injury survivor and their family.
If an injury to the brain has afflicted you or your family member, you may be able to recover compensation with a skilled injury attorney. Contact a Fort Lupton traumatic brain injury lawyer today to put them to work on your case.
How does a Brain Injury Occur?
Traumatic brain injuries can occur from many different activities. Some of the more common causes are:
- Slips and falls
- Motor vehicle accidents
- Gunshot wounds
- Sports injuries
Types of TBI’s
Not all bumps to the head result in a brain injury, and even when they do, not all injuries to the brain are the same. Brain injuries are classified according to their severity. In determining whether to award damages and how much damages to award, Colorado courts will consider the severity of the injury.
Mild Brain Injuries
A mild traumatic brain injury results in a temporary altering of mental status or consciousness, which is known as a concussion. Someone suffering from a mild injury to the brain may experience problems with sleeping or dizziness and increased sensitivity to light or sounds.
Moderate Brain Injuries
A moderate traumatic brain injury results in more extended periods of unconsciousness and confusion. A moderate brain injury could also cause long-term behavioral, physical, and cognitive effects, and may require extensive medical care and therapy.
Severe Brain Injuries
The CDC defines a severe traumatic brain injury as an extended period of unconsciousness or amnesia after the injury. Severe injuries to the brain can involve convulsions, pupil dilation, confusion, unusual mood or behaviors, slurred speech, and comas.
How to Recover Damages Following a TBI Case in Fort Lupton
A victim has three years to file a personal injury claim, according to Colorado Revised Statutes Sections 13-80-101. If the injury results in a wrongful death, however, then CRS § 13-80-102 states that the victim’s surviving family must file a claim within two years.
To recover damages, a claimant would have to show that they were injured and suffered damages because another person or entity failed to exercise a reasonable level of care. For example, if a claimant sustained a severe brain injury following a car accident in which the driver had run through a stop sign, that claimant would have a strong case for negligence because the driver did not act reasonably when running through the stop sign. However, if the claimant was speeding at the time, the court may determine that they were partially responsible for their own injury. The court may then reduce their damages in proportion to their degree of fault, according to the theory of comparative negligence.
Claimants can sue to recover for all of the actual, quantifiable losses that they suffered following their injury, such as for their medical and rehabilitation costs and their lost wages. Colorado law also allows claimants to pursue damages for non-quantifiable losses, such as for their physical and emotional pain and loss of companionship. State law usually limits these non-economic damages unless the court deems that the brain injury resulted in a lifelong “physical impairment”. For more information regarding the process of obtaining damages, or for help with calculating damages, reach out to a Fort Lupton traumatic brain injury lawyer today.
How a Fort Lupton Attorney Can Help
Brain injuries can result in lifelong medical complications. A brain injury can leave a survivor feeling like a burden to their own family. An experienced local lawyer could work with you to obtain a successful financial judgment to take away some of that burden. Contact a Fort Lupton traumatic brain injury lawyer today to see if they can help you recover damages.
