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Boulder Brain Injury Attorney

A brain injury can disrupt your life in many ways. You may be unable to return to work, require lifelong medical care, and struggle to pay thousands of dollars in medical bills. The physical and emotional implications of this injury can also be difficult to bear. If someone else’s actions led to your brain injury, you may have grounds for legal action—and the Boulder brain injury attorneys at Purvis Thomson, LLP can help.

Our Boulder lawyers have years of experience representing brain injury victims across the state of Colorado. We will fight tenaciously to secure the compensation you need to recover, helping you hold the at-fault party responsible for his or her actions.

Why Choose Our Boulder Brain Injury Attorney

  • Since 1985, our Boulder personal injury attorneys have recovered millions of dollars on behalf of our clients. We will advocate aggressively for your right to maximum recovery.
  • Our Boulder injury law firm is nationally recognized for our record of success. We are committed to improving our clients’ lives and holding negligent or careless parties accountable for their actions.
  • After a brain injury, you may be unsure of your future medical needs or how much compensation you deserve. Our attorneys will have the resources necessary to calculate the full extent of your damages and avoid an insufficient settlement.

Common Causes of Brain Injuries

A brain injury often occurs when you hit your head or when a foreign object penetrates your skull. According to the Centers for Disease Control and Prevention (CDC), approximately 61,000 people died from traumatic brain injuries (TBIs) in the United States during 2019. Millions of other Americans visit emergency rooms across the country to receive treatment for brain injuries.

While many factors may contribute to a TBI, some of the most common causes include the following.

  • Motor vehicle crashes
  • Physical assaults
  • Firearm incidents
  • Falls from high places
  • Being struck by an object
  • Falling debris

In many cases, another person or entity’s negligence is responsible for the brain injury. For example, another driver may run a red light and collide into your vehicle, causing you to hit your head on your dashboard and sustain a concussion. You may get hurt on an uneven sidewalk on a friend’s property, causing your skull to collide with hard concrete. In these situations, you could pursue legal action against the responsible party with the guidance from a slip and fall lawyer.

How to Prove a Colorado Brain Injury Claim

A brain injury lawsuit allows you to recover compensation for the physical, financial, and emotional damages you sustained due to the accident. However, you only have the right to file this claim if someone else’s negligence is responsible for your injury. To prove negligence, you will need to establish the following three elements.

  • The at-fault party owed you a duty of care.
  • The at-fault party breached his or her duty of care in some way.
  • The breach of duty directly caused your accident.

For example, say that you are in an accident with a driver who is under the influence of alcohol. Colorado drivers have a duty to follow traffic laws and drive their vehicles safely, and drunk driving is an illegal act. You can use the police report from the scene of your accident to establish the driver’s breach of duty and the cause of your collision, along with medical records, witness testimony, and surveillance footage.

Another leading cause of brain injuries are falls, which often occur due to a hazard on someone else’s property. Property owners have a duty to ensure that their premises are safe, to respond to hazards within a reasonable amount of time, and to adequately warn visitors of the hazard. For example, say that you notice that your stairs are broken and ask your landlord to fix it, but he or she ignores your request for weeks. The stairs then crack under you, causing you to fall and hit your head.

Because your landlord did not respond to the hazard in a reasonable timeframe, he or she breaches his or her duty of care to you. You can use correspondence with your landlord, surveillance footage, and medical records to establish the cause of the injury and the breach of duty.

Statute of Limitations for Brain Injury Lawsuits

In Colorado, civil lawsuits are subject to a rule known as the statute of limitations. This law establishes a time limit for filing a claim; if you do not file within the appropriate time period, the court will dismiss your case. The statute of limitations depends on the cause of your brain injury, but in most cases, you have two years from the date of your accident to file your claim.

Damages Available for Brain Injury Victims

Once you establish the at-fault party’s negligence, you will also need to prove that you suffered damages due to his or her actions that you can collect in your lawsuit. You can recover compensation for the financial losses you suffered, as well as the emotional and physical pain and suffering you endured. Some of the most common damages in brain injury claims include the following.

  • Past and future medical expenses, including surgeries, medications, and hospitalizations
  • Disability accommodations, such as mobility equipment and modifications to your home or vehicle
  • Live-in caregivers, rehabilitation, physical therapy, and other treatments necessary for your condition
  • Lost wages during your recovery time, and loss of future earnings if you are unable to return to work due to your condition
  • Property damage that you sustained in the accident, such as vehicle repairs and replacements
  • Physical pain and suffering, including permanent disability, chronic pain, and visible scarring
  • Emotional pain and suffering, such as loss of quality of life, depression, anxiety, and post-traumatic stress disorder

Brain injuries often result in permanent complications that require long-term medical care, so it is important to understand the full extent of your damages before you accept a settlement. The Boulder brain injury lawyers at Purvis Thomson, LLP can help you estimate your settlement by analyzing financial documents, speaking with expert witnesses, and exploring all possible avenues to maximum recovery. Equipped with this information, your attorney can avoid an insufficient settlement and advocate for your right to full compensation.

Contact Purvis Thomson, LLP Today

Traumatic brain damage can lead to significant physical, emotional, and financial hardship. If someone else’s actions led to your head injury, you deserve justice—and the lawyers at Purvis Thomson, LLP can help. Contact us today to schedule a free consultation with a Boulder brain injury attorney and learn more about your legal options.