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.