Concussion and Mild Traumatic Brain Injury (mTBI) in Colorado
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Concussion and Mild Traumatic Brain Injury
Concussions are brain injuries. Even when CT/MRI scans are “normal,” a mild TBI can cause real, lasting problems with memory, attention, mood, sleep, and work capacity. Early evaluation and consistent documentation are key to recovery and to proving your claim.
Common causes in Colorado
Concussions often follow everyday accidents and impacts that suddenly jolt the head or body.
- Motor vehicle crashes (rear‑end, side‑impact, rollovers, pedestrian/bike)
- Falls in stores, restaurants, apartments, and on snow/ice
- Sports and recreation incidents
- Carbon monoxide exposure and hypoxia
- Worksite impacts and equipment failures
Why insurers push back
Insurers often minimize mild TBI claims. They seize on “mild” and normal scans to downplay harm. We counter with consistent medical documentation, test results, and credible accounts from people who know you best.
- Insurers focus on “mild” and normal scans
- They point to pre‑existing conditions or gaps in treatment to dispute causation and severity
- We use consistent medical records, testing, and third‑party accounts
Who may be liable for concussion and mild TBI in Colorado
Even when imaging is “normal,” concussions are real brain injuries—and they often trace back to preventable negligence. Liability depends on how the head or body was jolted or deprived of oxygen, and where the unsafe condition arose.
- Negligent drivers and commercial carriers (rear‑end, side‑impact, rollovers)
- Property owners/managers for dangerous conditions (falls, snow/ice, poor maintenance, code issues)
- Manufacturers/suppliers of defective products or safety systems (helmets, vehicle safety components)
- Hotels/landlords/HOAs in CO poisoning or premises‑related brain injuries
- Employers/contractors in certain third‑party liability contexts (unsafe worksites/equipment)
Building your case
A strong concussion case connects the mechanism of injury to clear, credible proof of how your life has changed. We assemble evidence early, keep it consistent across providers, and present it in a way insurers and juries understand.
- Incident evidence: We secure photos, police/incident reports, witness statements, and any available surveillance or vehicle data. For premises incidents, we pursue maintenance logs, inspection records, and notice evidence.
- Medical proof: We coordinate with your treating providers and, when needed, refer to specialists. Neuropsychological testing, vestibular/vision evaluations, and therapy records document objective deficits and progress over time.
- Work impact: We obtain employer letters and HR records to confirm missed time, performance changes, accommodations, and duty modifications. Where appropriate, we use vocational experts to explain how symptoms limit job options.
- Daily life: Your journal, calendar, and statements from family, friends, and coworkers help show changes in memory, mood, sleep, and activities you can no longer enjoy. These third‑party observations are powerful corroboration.
Recoverable Damages from Concussion and mTBIs
Your compensation should reflect both what you’ve already lost and what you’ll reasonably need in the future. We prove each category with records, expert opinions, and credible testimony.
- Medical expenses and rehab: ER/clinic visits, specialists, imaging, neuropsych testing, PT/OT/SLP, vestibular/vision therapy, counseling, medications.
- Lost wages and diminished earning capacity: Pay stubs, tax returns, employer verification, vocational and economic analyses to quantify future loss.
- Pain, suffering, and loss of enjoyment: Daily‑impact evidence, family and coworker accounts, and your own narrative of symptoms and limitations.
- In serious mTBI, home assistance and long‑term care planning: Support with transportation, household tasks, cognitive strategies, and, if needed, life‑care planning for durable needs.
Symptoms to track
Because symptoms can evolve over days or weeks, track them consistently and share them with your providers.
- Physical: headaches, dizziness, nausea, light/noise sensitivity, fatigue
- Cognitive: slowed processing, memory gaps, word‑finding difficulty, concentration issues
- Emotional: irritability, anxiety, depression, mood swings, sleep disturbance
- Red flags: repeated vomiting, worsening headache, seizures, confusion, loss of consciousness
Diagnosis and treatment
Diagnosis is primarily clinical, based on your history and symptoms, even when CT or MRI scans look “normal.” Early, targeted testing helps pinpoint which brain systems are affected, and a tailored rehabilitation plan documents progress while treating deficits so that you can safely resume daily life.
- Clinical diagnosis, even with normal imaging: Providers rely on symptom history, exam findings, and validated concussion screening tools; advanced imaging may be used in select cases.
- Neuropsychological testing to quantify deficits: Standardized tests measure attention, memory, processing speed, executive function, and effort/validity to create an objective baseline and guide treatment.
- Vestibular and vision therapy for balance/ocular issues: Specialized rehab addresses dizziness, balance problems, visual tracking, convergence, and motion sensitivity that often drive persistent symptoms.
- Gradual return‑to‑work/school plans; accommodations: Stepwise activity increases, with breaks, reduced screen time, light duty, modified schedules, and task adjustments to prevent setbacks.
- Mental health support for anxiety/depression: Counseling, CBT, and, when appropriate, medication management to treat mood, sleep disturbance, and post‑concussive anxiety that can worsen cognitive symptoms.
Get the legal help you need
If you or a loved one is dealing with concussion or mild TBI symptoms after an accident in Colorado, don’t go it alone. Call the Klibaner Law Firm for a free, no‑obligation consultation. We’ll listen, guide you on the next steps, and get to work preserving evidence and coordinating the experts needed to prove your case. You pay nothing unless we recover for you. Contact us at 303‑863‑1445 or send us a message today.