Weld County Traumatic Brain Injury Lawyer
Traumatic brain injuries are life-altering events for the victim, their families, and everyone involved. Though there are times where these injuries result from an intentional act, traumatic brain injuries could also be caused by accident, such as the whiplash of a car crash, or the roof in need of repair that caves in.
If you or someone you know is the victim of a traumatic brain injury, you may benefit from consulting a dedicated catastrophic injury attorney. Attempting to solve all of your legal problems on top of the issues you might already be dealing with could be overwhelming. A Weld County traumatic brain injury lawyer could help you discover your legal options, as well as the recovery you might be entitled to for your injuries.
Common Causes of Traumatic Brain Injuries
The Brain Injury Association of America has defined a traumatic brain injury (TBI) as “an alteration in brain function, or other evidence of brain pathology, caused by an external force.” Traumatic brain injuries can be further separated into two categories: closed and open.
Traumatic brain injury victims in Weld County might have suffered from a variety of instances that caused their condition. These causes might include, but are not limited to, the following:
Closed Head Injuries
Closed head injuries occur when the head stops abruptly causing the brain to hit the inside of the skull, without an outside force penetrating the skull. A closed head injury could take place with or without a collision with an object. For example, a car wreck resulting in whiplash, as well as an accident where the victim physically hits their head could both cause a closed head injury. Meanwhile, an open head injury, or penetrating injury, occurs when an external object penetrates the victim’s skull.
Proving Negligence in a TBI Claim
It is not uncommon for traumatic brain injuries to result from negligence. In such cases, a traumatic brain injury plaintiff in Weld County would need to prove the four elements to recover from a negligent defendant. The first element of negligence is a duty. The plaintiff must show that the defendant owed the plaintiff a duty of care. The second element, breach, occurs when the defendant fails to adhere to their duty of care. Third, plaintiffs should prove that the defendant’s negligent actions caused the defendant’s injuries. Lastly, the plaintiff has to prove harm. They must prove that the defendant’s negligence resulted in some type of bodily injury or damage. A seasoned traumatic brain injury lawyer in Weld County could help an injured victim with establishing negligence.
Statute of Limitations and Damages
A traumatic brain injury plaintiff in Weld County seeking recovery by filing a lawsuit should be aware of the Colorado statute of limitations, or time limit, that is placed on filing a personal injury lawsuit. Under Colorado Revised Statute §13-80-102(1)(a)), plaintiffs have two years to file their personal injury case.
Damages for traumatic brain injuries may vary depending on the severity of the injury. As a general matter, the following are common personal injury damages that a plaintiff might seek to recover:
- Pain and suffering
- Medical expenses, past, and future
- Loss of income
- Past and future earnings
Contact a Weld County Traumatic Brain Injury Attorney Today
Suffering through such a severe and potentially catastrophic injury could be a lot to handle. Seeking legal assistance from a Weld County traumatic brain injury lawyer might help alleviate the stress of your situation, and provide recovery options that you could pursue. Call now to get started on your case today.