TBI Lawsuits in Colorado

TBI Lawsuits in Colorado: Process, Proof, and Timelines

TBI claims turn on compelling medical proof and a clear, credible life‑impact narrative. Building that record early—through consistent treatment, careful documentation, and qualified experts—positions your case for resolution. Here’s how cases typically proceed in Colorado.

Step‑by‑step process

Most successful cases follow a disciplined sequence from intake through trial preparation.

  • Intake and safety plan: Immediate medical priorities, referrals to appropriate specialists, record and imaging requests, and a plan to protect benefits and employment.
  • Investigation: Scene photos and measurements, witness interviews, police/incident reports, surveillance, vehicle EDR/telemetry, maintenance logs, and preservation letters to prevent spoliation.
  • Medical development: Specialist evaluations (neurology, PM&R), neuropsych testing, vestibular/vision assessments, therapy plans, and tracking of progress and setbacks.
  • Liability proof: Reconstruction analysis, standards/codes research, product testing where applicable, and identifying all responsible parties and insurance coverages.
  • Damages proof: Life‑care plan for future needs, vocational assessment for employability and accommodations, and economist reports to quantify lifetime costs and wage loss.
  • Settlement negotiations and mediation: Structured demands backed by evidence, strategic mediation with the right neutral, and ongoing case development if offers are inadequate.
  • Filing suit when needed; discovery, depositions, expert reports: Formal discovery, depositions of witnesses and treating providers, defense medical exams, and disclosure of expert opinions.
  • Trial preparation and presentation: Motions, exhibit preparation, demonstratives, day‑in‑the‑life video, jury instructions, and clear expert testimony to explain the medicine.

Key evidence in TBI cases

The most persuasive files are consistent, objective, and corroborated by third parties.

  • Consistent symptom documentation across providers, including onset, frequency, and triggers.
  • Objective testing (neuropsych, vestibular, balance, vision) with validity measures and retesting as needed.
  • Pre‑ and post‑injury comparisons from family, friends, coworkers, coaches, or supervisors.
  • Employment records and performance changes, disability paperwork, and accommodation requests.
  • Imaging when indicated (MRI, DTI in select cases) interpreted by qualified neuroradiologists.
  • Journals, calendars, digital activity data, and daily‑impact evidence that show functional change.

Comparative negligence and defenses

Defense strategies aim to shift blame or minimize harm; preparation neutralizes these tactics.

  • Colorado’s comparative negligence rules can reduce recovery if partial fault is proven; detailed reconstruction and witness work are essential.
  • Insurers argue normal imaging, pre‑existing conditions, or gaps in care—consistent treatment and objective testing counter these claims.
  • Social media, inconsistent statements, and return‑to‑activity missteps are exploited; guidance on communication and activity pacing protects credibility.

Settlement vs. Trial

Being ready for trial strengthens your position at every stage.

  • Most cases settle, but trial‑ready preparation drives value and deters low offers.
  • Experts must explain complex brain science clearly to juries using simple visuals, timelines, and real‑world examples of functional limits.
  • A cohesive life‑impact narrative—from before the injury to today and into the future—ties liability, medicine, and damages together.

Timelines and deadlines in Colorado

Act fast—deadlines vary and some claims require very early notice.

  • Statutes of limitations vary by claim type and facts; act promptly to avoid losing rights.
  • Government‑entity claims can have notice deadlines as short as 180 days; evidence preservation must begin immediately.
  • Contract and insurance policy deadlines: Notice and proof‑of‑loss timelines, UM/UIM and med‑pay notice requirements, and ERISA/LTD appeal windows can be shorter than the statute—track and meet them.
  • Early preservation letters secure surveillance, EDR data, maintenance logs, and defective products; failure to preserve can harm your case.

The expertise you need

If you’re facing a TBI claim, early action protects your rights and strengthens your case. Klibaner Law Firm can move quickly to preserve evidence, coordinate the right specialists, and build the proof insurers respect. Your consultation is free, and you pay nothing unless we recover for you. Call 303‑863‑1445 or contact us online to get started today.