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Brain Damage Lawyer

There is no such thing as a minor brain damage. All injuries involving the head, neck or brain are serious medical issues with uncertain prospects for recovery.  

Denver Traumatic Brain Injury Attorneys

A traumatic brain injury (TBI) often disrupts every aspect of a person’s life, leading to significant physical, cognitive, emotional, and financial challenges for both victims and their families. 
 
A traumatic brain injury occurs when an external force, such as a blow or jolt, interferes with normal brain function. TBIs range in severity, from concussions, which can sometimes resolve with rest, to severe injuries like diffuse axonal injuries (DAI), which may lead to unconsciousness, permanent cognitive damage, or even death. Severe TBIs often require long-term rehabilitation and permanent medical care.
 
Whether you’ve experienced a mild concussion or a severe, life-changing injury, the road to recovery can be challenging. 
 
At Fiedler Trial Lawyers, we provide legal representation for TBI victims across the entire Denver metropolitan area as they work to rebuild their lives. With over 25 years of experience and millions recovered for clients, we are ready to fight for you.

Types of Traumatic Brain Injuries 

Traumatic brain injuries vary significantly in severity and the type of damage sustained. It’s important to understand the differences in the different injuries since each type of TBI requires different treatment options and can have widely varied outcomes.    
 
TBI symptoms may not appear immediately after an accident. It’s crucial that any head trauma victim seek medical attention even if they feel fine shortly after an accident or incident. Some symptoms take days or even weeks to develop. 
 
Common TBI symptoms include:
  • Physical symptoms, such as persistent headaches, nausea, dizziness
  • Cognitive symptoms, including confusion, memory loss, trouble concentrating
  • Emotional symptoms, such as anxiety, depression, irritability, mood swings
  • Sensory changes like blurred vision, ringing in the ears, loss of taste or smell
  • Sleep issues, including insomnia or excessive sleepiness
In severe cases, victims may experience seizures, paralysis, or extended unconsciousness. Early medical intervention can improve recovery outcomes and help prevent long-term disability.
 
Here are some common types of TBIs:
 

Concussion

A concussion is often a milder form of TBI although this injury can still have serious long-term effects.
 
Concussions typically occur due to a blow to the head or sudden jolt to the body, which causes the brain to move inside the skull. 
Concussions can lead to temporary loss of consciousness, confusion, dizziness, memory problems, and headaches. 
 
While many concussions resolve with rest and proper care, repeated concussions can contribute to chronic traumatic encephalopathy (CTE), and many medical practitioners consider some concussions as injuries that lead to permanent changes in brain structure. 
 

Contusion

A contusion is essentially a bruise on the brain, typically from a direct impact to the head. 
 
Contusions differ from concussions because they also involve localized bleeding and swelling in the brain tissue. Large contusions can dangerously elevate intracranial pressure, sometimes requiring surgical intervention to alleviate pressure on the brain. 
 
Depending on the size and location of the contusion, victims can experience cognitive deficits, speech problems, or coordination issues. 
 

Skull Fracture

Like other bone fractures, this involves a break or crack in the skull. Many skull fractures lead to brain damage. Types of these injuries include:
  • Linear fractures. These are single cracks that do not displace bone pieces.
  • Depressed fractures. Parts of the skull press inward toward the brain, potentially causing brain injury.
  • Basilar fractures. These occur at the base of the skull and may cause leakage of cerebrospinal fluid from the nose or ears.
Skull fractures increase the risk of hematomas and infections, which complicate recovery and may require a combination of surgery and antibiotic treatment.
 

Coup-Contrecoup Injury

A coup-contrecoup injury describes a complex injury where trauma strikes the brain at both the initial point of impact (coup) and the opposite side (contrecoup). 
These injuries typically happen because of violent acceleration-deceleration forces, often encountered in car accidents or falls. The bouncing of the brain inside the skull can cause extensive damage to multiple locations. These complex injuries can lead to speech difficulties, memory loss, and motor coordination problems. 
 
Coup-contrecoup injuries typically call for intensive rehabilitation because they affect multiple brain regions.  
 

Hematoma

A hematoma refers to the accumulation of blood outside of damaged blood vessels, placing often intense pressure on the brain. There are several types of hematomas, each with distinct characteristics:
 
  • Epidural hematoma: Occurs between the skull and the brain’s outer membrane. These injuries often happen because of skull fractures and can rapidly increase pressure inside the skull.
  • Subdural hematoma: Occurs between the outer membrane and the brain — they generally develop more slowly than epidural hematomas but can still be life-threatening.
  • Intracerebral hematoma: This involves bleeding within the brain tissue itself, often caused by severe trauma or stroke.  

Hemorrhage

A hemorrhage refers to active bleeding within or around the brain. This condition can quickly become life-threatening by causing rapidly increased intracranial pressure. Types of brain hemorrhages include:
  • Intracerebral hemorrhage: The bleeding occurs inside the brain tissue and can impair motor and cognitive functions.
  • Subarachnoid hemorrhage: The bleeding occurs in the space between the brain and the thin tissues covering it, often causing severe headaches.
  • Subdural hemorrhage: Blood collects between the outer membrane and the brain, typically after trauma or falls.  

Diffuse Axonal Injury (DAI)

Diffuse axonal injuries are among the more severe types of TBI. They occur when the brain’s nerve fibers tear due to rapid acceleration or deceleration.
 
These injuries are common in high-impact car crashes or falls from significant heights. DAI can cause widespread damage across the brain, often leading to loss of consciousness or coma. 
 
Many victims who survive a DAI face severe cognitive impairments and motor dysfunction that require long-term care and rehabilitation.
 

Penetrating Head Injury

This injury happens when an object like a bullet, pointed object, or shrapnel pierces the skull and injures the brain.
 
These injuries are often severe and require immediate surgical intervention to remove the object and control bleeding. 
 
Survivors of penetrating head injuries may experience severe cognitive deficits, paralysis, or infections due to the exposed brain tissue. 
 

Second Impact Syndrome

This condition occurs when a person sustains a second brain injury before fully recovering from the first. Even if an initial concussion appears minor, a subsequent impact can lead to rapid brain swelling and potentially fatal outcomes. 
 

Chronic Traumatic Encephalopathy (CTE)

CTE is a progressive brain condition caused by multiple head trauma events, sometimes spread out over years. Symptoms may not appear immediately and include memory loss, depression, mood swings, and impaired judgment. 

Common Causes of Traumatic Brain Injuries

The Denver metro area sees a variety of accidents that contribute to brain injuries. These are some common causes of TBI.
 

Motor Vehicle Accidents

Motor vehicle crashes are among the leading causes of TBIs. The head and neck are usually more significantly exposed than other body parts, and serious DAIs and coup-contrecoup injuries are often caused by head collisions with interior vehicle structures.  
 

Falls

Statistically, falls are the leading cause of TBIs. Slippery floor surfaces, unsafe walkways, and workplace or construction hazards increase the risk of serious slip and fall injuries that lead directly to serious head trauma. 
 

Workplace Accidents

Construction sites and industrial workplaces present significant risks of TBIs. Workers are often injured by equipment or slip or trip and fall on hazardous surfaces. 
 

Sports and Recreation Injuries

Denver is home to many outdoor activities and contact sports, and recreational athletes are at high risk of concussions and repeated brain injuries, sometimes due to the negligence of property managers or other participants.
 

Intentional Acts of Violence

Gunshot wounds, domestic violence, and assaults are other significant contributors to severe TBIs. Intentional acts of violence often involve penetrating injuries or serious blunt force trauma to the head and neck that cause serious TBI. 

Call Fiedler Trial Lawyers Today

If you or a loved one has suffered a TBI, talk with our legal professionals today at Fielder Trial Lawyers. We provide our clients with personalized, compassionate representation, and we stand out for the following reasons:
 
  • 25+ years of trial experience. We have extensive knowledge of every aspect of personal injury law.
  • Free case evaluations. We’ll assess your case with no financial commitment.
  • No fees unless you recover. We work on a contingency basis — you will pay nothing unless we win your case.
  • Holistic client care. We coordinate closely with your medical providers other professionals to ensure comprehensive support.
  • Proven experience. We’ve recovered millions for injured clients across Colorado.

Compensation for TBI Victims

The costs associated with traumatic brain injuries can be overwhelming. Medical treatments, rehabilitation, and lost wages create significant financial burdens for victims and their families. At Fiedler Trial Lawyers, we help clients pursue compensation to cover:
 
  • Medical expenses: These include emergency care, surgeries, rehabilitation, and ongoing and future treatments.
  • Lost wages and diminished earning capacity: Colorado law provides compensation for time away from work and reduced future earning potential.
  • Pain and suffering: These damages acknowledge the physical and emotional toll and reduced quality of life of TBIs.
  • Lifestyle and rehabilitation accommodations: These recoveries cover costs for home modifications, mobility aids, or vehicle adaptations.
  • Long-term disability care: These types of damages help provide access to long-term care and support services.
In cases involving intentional violent acts or the worst types of negligence, injured parties have a legal right to pursue punitive damages to further hold defendants accountable and discourage anti-social behavior.
 

How We Prove Liability in TBI Cases

Establishing liability in a TBI case requires establishing legal proof that the responsible party’s’ negligence or intentional acts caused the injury. Even if evidence indicates a TBI victim may be partially at fault for their injury, they may still recover damages.
 
Colorado follows comparative negligence laws, meaning a court may reduce a victim’s compensation if they are partially at fault for the incident. 
 
To build a strong case, our attorneys:
  • Gather medical records and expert testimony to demonstrate the extent of injuries.
  • Work with accident reconstruction professionals to prove liability.
  • Interview eyewitnesses to corroborate events leading to the injury.
  • Take sworn testimony from responsible parties to establish liability.
  • Present the strongest available evidence of both economic and non-economic damages.
  • Present legal arguments to an appropriate court and conduct full trials when required.
Our experience establishes our track record in handling complex TBI cases and shows we leave no stone unturned in representing our clients.  
 

Statute of Limitations in Colorado

In Colorado, victims must file personal injury claims, including TBI cases, within two years of the injury date. If the injury involves a motor vehicle accident, the statute extends to three years. 
 
Failure to file within this window could mean losing the right to pursue compensation. Early legal action allows us to preserve evidence and build the strongest possible case on your behalf.
 
If you or someone you love has experienced a traumatic brain injury, don’t take on the huge insurance companies or the legal process alone. Let Fiedler Trial Lawyers fight for your rights while you focus on healing. 
Contact us online or call (303) 225-5536 to schedule a free consultation — and if you cannot visit us, we’ll come to you. At Fiedler Trial Lawyers, every client matters, and we’re here to help you rebuild your life.

Traumatic Brain Injury FAQs

These are some of the questions our clients have asked about traumatic brain injuries:
 

What Should I Do If My Symptoms Appear Weeks After the Injury?

If symptoms appear weeks or months after the injury, it’s critical you seek professional medical attention immediately. Delayed symptoms are common with TBIs and may indicate complications such as brain swelling or post-concussion syndrome.  
 

What Role Does Rehabilitation Play in TBI Recovery?

Rehabilitation plays a critical role in TBI recovery. It often includes physical therapy, speech therapy, and cognitive-behavioral therapy — all of which aim to restore lost motor skills, manage emotional changes, and help individuals adapt to cognitive challenges.  
 

How Do Insurance Companies Typically Handle TBI Claims?

Insurance companies typically handle TBI claims by working hard to minimize or completely avoid payouts by questioning the severity of the injury or suggesting unrelated causes of symptoms. They often offer low initial settlements or delay payment, and this is why it’s essential that you work with the experienced traumatic brain injury attorneys at Fielder Trial Lawyers.

Frequently
Asked Questions

What to do after a car accident?

If you’ve been injured in an accident, there are several important steps you should take to protect your health and legal rights
  • Dial 911 – Emergency Services. Get checked out by emergency responders, even if you think injuries are minor, you should always get evaluated. If the accident involved a motor vehicle, file a report with the police This documentation could be important later on.
  • Document the Scene: If possible, take photos of the accident scene, your injuries, and any damage to vehicles or property. Collect contact information from witnesses and others involved in the accident READ MORE…

When involved in a personal injury claim, the process can be very intimidating. Many individuals facing this situation are often dealing with life-altering injuries, high medical bills, financial hardships and find themselves feeling very vulnerable.

Hiring a personal injury lawyer can be beneficial in a variety of situations, particularly when you have sustained significant injuries or damages due to someone else’s negligenceREAD MORE…

After being injured in an accident caused by someone else’s negligence, you may be wondering if you actually need to hire a personal injury lawyer. You would want to consult with an attorney, because in most cases, there will be an opposing party in your case that will be working against you. Choosing the right personal injury lawyer for your case is important to ensure you receive the best possible representation and outcome. Hiring a Denver Personal injury lawyer that specializes in that area of law is crucial, to ensure that you are getting proper representation, and your case is in good hands. Having an experienced lawyer like FIEDLER Trial Lawyers is helpful and provides powerful representation.

Here are some tips to help you choose the right lawyer:READ MORE…

The cost of hiring a personal injury lawyer can vary depending on the lawyer and the specifics of your case. However, personal injury lawyers work on a contingency fee basis, which means they only get paid if they win your case. Here’s how the contingency fee structure typically works and other potential costs to consider:

Contingency Fees: Percentage of Recovery: If the lawyer works on a contingency fee basis, they will take a percentage of the settlement or judgment amount you receive if you win your case. This percentage is typically around 33% to 40% but can vary depending on the lawyer and the jurisdiction.

No Win, No Fee: If you do not win your case, the lawyer will not charge you for legal fees. However, there may still be other costs you could be responsible for (discussed below).RAED MORE…

In a personal injury claim, you may be entitled to several types of compensation, also known as damages, to address the losses and injuries you’ve suffered due to someone else’s negligence or wrongdoing. The types of compensation typically fall into three main categories: economic, non-economic, and, in some cases, punitive damages. Here’s an overview of each:

Economic Damages: These damages are intended to compensate you for actual financial losses resulting from the injury:

Medical Expenses: Compensation for past, current, and future medical costs, including hospital bills, surgeries, medications, rehabilitation, and any other necessary medical treatment. READ MORE…

The value of a personal injury case can vary greatly depending on several factors unique to your situation. Since each case is different, there is no standard formula to calculate the exact value. However, here are some key factors that generally affect the worth of a personal injury case:
Severity of Injuries: The more serious and long-lasting your injuries, the higher the potential value of your case. This includes considering whether your injuries result in permanent disability or disfigurement.
Medical Expenses: Your case will take into account all medical expenses you have incurred, as well as future medical costs related to your injury.
Lost Wages and Earning Capacity: The case can include compensation for lost income due to time off work and any future loss of earning capacity if your injuries affect your ability to work.READ MORE…

Our Client’s Say It Best

The best way to know and trust our Attorney Law Firm is to read
directly from our own clients.

Kevin

10 months ago

This is the representation that you are looking for! Ken Fiedler hits every box; from punctuality to communication to professionalism. I couldn’t be more satisfied to have chosen Ken to solve this unfortunate problem of mine. He will do the same for you!

Franscheliz

a year ago

I want to take this opportunity to thank this team for everything they did for my family. James and Ken worked on my case with the dedication and tact that you need the most. They fought for my family like I was part of theirs and made me feel seen and heard. This is the type of law firm you want and…

Brandi

a year ago

Ken and his staff are top notch! Ken helped my son and I with our auto accident case. He always took the time to answer our questions or explain things in more detail if needed. Ken is honest, straightforward, and a pleasure to work with. I will always recommend Ken and his team and…

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Offices

4725 S. Monaco Street, Suite 120
Denver, CO 80237
Phone: 720-996-6000

1800 Wazee Street, Suite 300
Denver, CO  80202

77 West Wacker Drive, Suite 4500
Chicago, IL 60601
Phone: 303-225-5536

Free detailed case review.

KEN FIEDLER | 303.CALL.KEN

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