Navigating the Aftermath of a Brain Injury with Western Slope Law

Traumatic brain injuries range from concussions to severe brain damage, and they can change the course of a person’s life in an instant. Understanding how these injuries happen and who might be responsible is an important first step for families seeking justice and compensation. At Western Slope Law, we believe that TBI victims and their families deserve compassionate support and strong legal representation. We know how life-changing a brain injury can be, and we’re here to help shoulder the burden. 

Common Reasons for a Brain Injury Case

Traumatic brain injuries can result from many different accidents and situations. In Colorado and across the U.S., certain causes stand out as the most frequent culprits. Understanding the cause of your injury is key, because it often determines what legal options you have. Here are some of the most common reasons behind brain injury cases:

Falls

Falls are the number one cause of traumatic brain injuries in the United States and a leading cause in Colorado as well. A hard bump or impact to the head from a fall can cause anything from a mild concussion to a severe TBI. Falls can occur due to everyday hazards – slipping on ice or a wet floor, tripping over uneven ground or loose carpeting, or falling down stairs. Older adults are especially vulnerable; nationwide, falls lead to nearly half of all TBI-related hospitalizations, often because seniors can suffer serious head trauma from even a simple slip. Young children are also at risk (think of a toddler falling from playground equipment). In many cases, falls that cause brain injuries happen because a property was unsafe – for example, lack of railings, poor lighting, or hazards left on a floor. When a fall occurs due to someone else’s negligence, it may become the basis for a legal case.

Motor Vehicle Accidents

Motor vehicle incidents are one of the leading causes of severe and fatal TBIs – they account for about 14% of all brain injuries and about 32% of TBI-related deaths nationally. In Colorado’s Western Slope, where highways wind through mountains and winter driving can be hazardous, serious accidents unfortunately happen too often. If a driver’s careless or reckless behavior caused the crash that led to a brain injury, that driver can be held responsible for the harm done.

Sports and Recreation

Colorado is an active state, and the Western Slope is known for outdoor recreation. While staying active is great, sports and recreational activities do come with a risk of concussions and brain injuries. Contact sports like football, hockey, and soccer are common sources of concussion in youths and adults. In fact, about 283,000 children nationwide visit emergency rooms each year for sports or recreation-related TBIs. High-impact sports can lead to blows to the head and these can cause concussions. Recreational accidents are also a factor: cycling crashes, skiing and snowboarding falls, riding ATVs, or even horseback riding accidents can result in head injuries if proper safety gear isn’t used or if an accident is severe. While many sports injuries are considered “accidents,” sometimes a third party’s negligence is involved. If so, it could become a legal case.

Who Can Be Held Liable in a Brain Injury Case?

When a traumatic brain injury occurs because of someone else’s negligence or wrongful actions, that person or organization can potentially be held liable – meaning legally responsible – for the damages. Brain injury cases can involve many different scenarios, so identifying the correct party (or parties) at fault is crucial. Below are some of the most common examples of who might be liable in a brain injury claim:

Negligent Drivers

If a TBI was caused by a motor vehicle accident, the driver who caused the crash is a primary liable party. “Negligent” simply means the driver failed to drive responsibly or follow the rules of the road. This could involve speeding, running a red light, drunk driving, texting while driving, or any careless behavior behind the wheel. For example, if a distracted driver slams into your car and you suffer a brain injury, that driver (and their auto insurance) may be liable for your medical bills, lost wages, and other damages. 

Property Owners

Property owners have a duty to maintain reasonably safe conditions on their property. If they know of hazards and don’t address them or warn visitors, they can be held liable when someone gets hurt. For instance, if you fall and hit your head on a slick supermarket floor where no warning signs were posted, the store owner might be liable for your head injury. These are known as premises liability cases. In the context of the Western Slope, this could include things like a ski resort failing to mark a dangerous area, or a hotel with an unbarricaded staircase. If a property owner’s negligence contributed to a TBI, a claim can be filed against their insurance to cover the injury’s costs.

Product Manufacturers

Some brain injuries occur not just because of what someone did, but because something failed to work properly. If a defective or dangerous product played a role in the injury, the manufacturer (or seller) of that product can be held liable under product liability law. For example, consider a scenario where a motorcycle helmet cracks apart due to a manufacturing flaw during a crash, leading to more severe brain trauma than would have happened with a proper helmet. In that case, the helmet manufacturer could be liable for the enhanced injury. Similarly, car safety equipment defects can contribute to TBIs in accidents – auto manufacturers have been held accountable for such defects. 

How Insurance Companies Try to Underpay These Cases

After a traumatic brain injury, you will likely be dealing with one or more insurance companies – whether it’s auto insurance, property or business insurance, liability insurance, or health insurance for medical bills. Unfortunately, insurance companies, even when they act as if they are on your side, are businesses focused on minimizing payouts. It’s very common for insurers to employ tactics that underpay or deny legitimate brain injury claims.

Lowball Offers

One common strategy is to offer a quick lowball settlement – far less than what your case is actually worth. Insurers know that injured people often face mounting medical bills and lost income, so they dangle some money early on hoping you’ll bite. The first offer you receive from an insurance adjuster is almost always going to be too low. In fact, it’s standard for the insurance company’s opening offer to be lower than the true value of the claim. Their goal is to settle the case cheaply before you fully realize how much compensation you deserve. 

Mischaracterizing the Injury

Insurance adjusters may also try to downplay your injury or argue that it isn’t as severe or as related to the accident as you claim. Traumatic brain injuries can be “invisible” – you might look fine on the outside, or scans like MRIs don’t always show clear evidence of a concussion or diffuse brain damage. Insurers take advantage of this by suggesting you’re exaggerating your symptoms or that your problems are from a pre-existing condition. In fact, it’s not unusual for an insurance company to claim a TBI victim’s symptoms are fake or overstated. 

Delaying Tactics

Delaying tactics are meant to wear you down. The insurer might drag out the claims process by taking a long time to respond to your filings, “losing” paperwork, or continuously asking for more documentation in piecemeal fashion. They know that as bills pile up and time passes, you might become desperate enough to accept a lower settlement just to get it over with. In fact, nationally, about 18% of insurance complaints from consumers are about delays in handling claims – it’s one of the top complaints policyholders have. It’s important to stay persistent and keep organized records. Having an attorney can pressure the insurance company to move things along – when they see you have legal representation and are prepared to file a lawsuit if needed, they’re less likely to keep stalling.

Pressuring Quick Settlements

On the flip side of delays, insurers may push you to settle quickly – before you even know the full scope of your injury. This often happens in the initial days or weeks after an injury. An adjuster might frequently call or even show up if liability is clear, eager to get a release signed. They may say things like “this is the best we can do, and it’s only on the table if you act now,” trying to create urgency. Brain injury victims and their families are under immense stress, and insurance companies sometimes exploit that vulnerability. The pressure to settle early is almost never in your best interest.

How Much Should You Be Compensated?

After a brain injury, it’s natural to wonder what amount of compensation you might be entitled to. There’s no simple formula, because every case is unique – a mild concussion that fully heals in a few weeks is very different from a severe TBI that causes permanent disability. However, the law recognizes several broad categories of damages (financial and personal losses) that you can recover in a brain injury claim. In short, you should be compensated for all the ways the injury has affected your life.

Medical Expenses

Brain injuries often come with significant medical costs. You should be compensated for all medical expenses related to your TBI – not just the initial ER visit, but everything from hospital stays, surgeries, and medications to rehabilitation and therapy. This includes cognitive rehabilitation, physical therapy, occupational therapy, and any specialized treatments like speech therapy if the injury affected your ability to communicate. Future medical expenses are a big factor too: if doctors say you’ll need ongoing care, periodic check-ups, or future surgeries, those estimated costs should be covered. The economic impact of TBIs is enormous – the CDC has estimated the lifetime economic cost of TBI in the U.S. to be on the order of $76.5 billion pmc.ncbi.nlm.nih.gov. While your case is on an individual level, it underscores why ensuring coverage of medical bills is so critical.

Lost Wages

If your brain injury caused you to miss work, you are entitled to claim those lost wages. This covers the income you lost during your recovery period – whether you were out for a week, a month, or a year. But brain injuries often have longer-term effects on one’s work ability. Many people with serious TBIs find they cannot return to their previous employment or cannot work full-time, either temporarily or permanently. In fact, research has found that only about 35% of individuals with moderate-to-severe TBI were employed one year after their injury, meaning the majority were still out of work. If your injury has reduced your earning capacity, you should also be compensated for future lost earnings. This could mean the difference between your pre-injury wage and what you can earn now, multiplied over the remaining years of your work life.

Pain and Suffering

Not all consequences of a brain injury come with receipts or paystubs. Pain and suffering damages address the real human impact of the injury – the physical pain, the mental anguish, and the loss of enjoyment of life that result from a TBI. Brain injuries can cause headaches, dizziness, nausea, and sensitivity to noise or light. They also often lead to cognitive and emotional struggles: memory problems, difficulty concentrating, personality changes, depression, anxiety, and more. You might be unable to engage in hobbies you loved, or you may struggle with basic tasks that were easy before. While it’s hard to put a dollar value on such suffering, the legal system attempts to compensate for it in monetary terms. Insurance companies often try to minimize these non-economic damages, but they are just as important as the economic losses. 

Ongoing Care

For many moderate to severe brain injury survivors, the journey doesn’t end when the hospital discharges you. There may be a need for ongoing care and support, and these costs should be included in your compensation. Ongoing care can take many forms. It might be in-home care, where a nursing aide or caregiver helps with daily activities while you continue to recover. It could be the cost of a long-term care facility or assisted living if you cannot live independently. If the injured person is a child, it might include special education services or lifelong care needs. Home modifications and medical equipment also fall under this category – for instance, if you need to renovate your home to accommodate a wheelchair or purchase special cognitive assistive devices. 

How Hiring a Lawyer Can Help

Facing the aftermath of a brain injury is overwhelming – doctor visits, rehab appointments, dealing with insurers, all while you or your loved one is trying to recover. Hiring a brain injury lawyer can make a tremendous difference during this difficult time. An experienced attorney serves as your advocate and guide. They understand the medical aspects of TBIs and the tactics of insurance companies, and they handle the legal complexities so you don’t have to. Instead of struggling alone, hiring a lawyer like Western Slope Law ensures that you will have someone fighting for your best interests at every turn.