Moderate and Severe TBI
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Moderate and Severe Traumatic Brain Injury
Moderate and severe TBIs can disrupt every aspect of life—thinking, movement, behavior, and independence. Recovery is often long and uneven, and families shoulder significant caregiving and financial burdens. These cases require coordinated medical care, early preservation of evidence, and meticulous damages proof to secure the resources needed for long‑term safety and quality of life.
Common mechanisms
Serious TBIs usually follow high‑energy impacts or oxygen‑deprivation events.
- High‑speed crashes and truck collisions, including ejection and underride events
- Falls from height; unsafe stairs/handrails; snow/ice and inadequate winter maintenance
- CO poisoning with hypoxic‑ischemic injury from faulty appliances or ventilation
- Product/equipment failures and workplace incidents involving heavy machinery
- Violence/assault in negligent security settings and unsafe premises
Medical course and complications
Treatment often begins in the ICU and continues through specialized rehabilitation.
- Acute care: ICU stabilization, neurosurgery, intracranial pressure monitoring, seizure prophylaxis
- Imaging: CT/MRI to assess acute injury; advanced imaging (DTI, SWI, fMRI) when indicated
- Complications: post‑traumatic seizures, spasticity, hydrocephalus/VP shunt, aphasia, motor deficits, cranial nerve injury, endocrine dysfunction (pituitary/hypothalamic injury)
- Secondary effects: depression, anxiety, agitation, PTSD features, sleep disturbance, headache disorders; caregiver strain and burnout
Who can be held responsible?
- Negligent drivers and trucking companies (including employers under vicarious liability)
- Property owners/managers for unsafe conditions (stairs, ice, inadequate security)
- Product manufacturers/distributors for defective design, manufacture, or warnings
- Employers/contractors for unsafe worksites and equipment
- Landlords and service providers for carbon monoxide hazards (faulty appliances/ventilation)
- Medical providers in limited cases involving negligent care that worsens brain injury
- Third parties who contributed to the hazard (maintenance vendors, security companies)
Liability and proof
We connect the mechanism of injury to functional limitations using qualified experts and standards.=
- Scene reconstruction, biomechanical analysis, and industry standards/codes to establish how and why the injury occurred
- Premises liability: notice, maintenance practices, inspection logs, building/safety code violations
- Products liability: design/manufacture/warning defects, testing, recalls, compliance with standards
- Medical experts to link imaging and clinical findings to functional limitations and care needs; testimony from treating providers and independent specialists
Damages we pursue
Comprehensive damages include both economic and human losses.
- Past and future medical care, rehabilitation, and attendant/personal care
- Lost wages and loss of earning capacity, including fringe benefits and household services
- Home/vehicle modifications, durable medical equipment, and assistive technology (with replacement cycles)
- Non‑economic damages: pain, suffering, loss of enjoyment of life, and loss of consortium
- Where appropriate, punitive damages for egregious conduct and prejudgment interest under Colorado law
Rehabilitation and supports
Recovery is maximized by a structured, multidisciplinary approach tailored to the individual.
- Multidisciplinary rehab (PM&R, neuropsych, PT/OT, SLP), with inpatient and outpatient phases
- Cognitive retraining and compensatory strategies for attention, memory, and executive function
- Assistive technology, mobility devices, communication aids, and home modifications for safety
- Caregiver training and respite; community reintegration, driving evaluations, and return‑to‑school/work planning
- Ongoing care coordination and periodic re‑evaluation as needs evolve
Life‑care planning and economics
Future needs must be mapped and costed to secure full compensation.
- Future medical needs mapped by certified life‑care planners, including therapies, meds, equipment, and replacements
- Vocational assessment to address employability, accommodations, and loss of earning capacity
- Present value calculations by economists to account for inflation, wage growth, and life expectancy
- Home health, transportation, case management, and contingency budgeting for complications
Get the expert legal help you need
If a moderate or severe TBI has affected you or your family, you don’t have to navigate this alone. Klibaner Law Firm offers a free, no‑obligation consultation to evaluate liability, secure evidence, and build a plan for medical and financial recovery. We work on contingency—you pay nothing unless we recover for you. Call 303‑863‑1445 or contact us online to get started today.