Catastrophic injuries, such as traumatic brain injury (TBI), can have life-altering consequences in Colorado. These severe injuries often result from accidents like car crashes or falls and can profoundly impact a person’s cognitive functions, physical abilities, and overall quality of life. The physical, emotional, and financial burdens on victims and their families can be overwhelming, considering the need for extensive long-term care and rehab in these cases.
If you or a loved one has suffered a head injury due to another’s negligence, turn to Colorado traumatic brain injury lawyer Dave Ganderton for expert legal representation. With nearly two decades of experience and a background as an insurance defense attorney, Attorney Ganderton has successfully litigated against major insurance companies and achieved multi-million dollar settlements and verdicts for injured victims. His deep legal knowledge and proven track record ensure you receive the advocacy you need to obtain compensation and justice.
Get legal support for TBIs from Ganderton Law, LLC if you or someone you love has suffered a serious brain injury
Types of Traumatic Brain Injuries that May Occur in Accidents
Common types of traumatic brain injuries following accidents include:
- Concussion: A mild TBI caused by a blow to the head, leading to temporary loss of consciousness, confusion, or memory issues
- Contusion: A bruise on the brain tissue resulting from a direct impact, potentially causing localized bleeding and swelling
- Diffuse Axonal Injury (DAI): Caused by severe shaking or rotational forces, this injury damages brain cells and disrupts normal brain function
- Intracranial Hemorrhage: Bleeding within the brain or between the brain and skull, which can occur as a result of impact or jarring movements
- Subdural Hematoma: Accumulation of blood between the brain’s surface and the dura mater (the outermost protective layer of the brain), often due to tearing of veins
- Epidural Hematoma: Blood collection between the skull and the dura mater, usually caused by a skull fracture that tears an artery
- Penetrating Injury: Occurs when an object, such as a bullet or a sharp fragment, pierces the skull and enters the brain tissue, causing severe damage
- Contrecoup Injury: Brain injury occurring on the opposite side of the impact, caused by the brain moving within the skull and striking the opposite side
How Our Colorado Traumatic Brain Injury Attorneys Can Protect Your Right to Maximum Compensation
Here’s how our Colorado brain injury lawyers at Ganderton Law, LLC provide dedicated legal help to maximize compensation for your personal injury claim:
Ensuring Proper Medical Care
In brain injury cases, attorney Dave Ganderton and his team can assist you in obtaining proper and immediate medical attention to protect both your physical health and your right to maximum financial compensation. We will ensure that you receive appropriate medical care and, if necessary, help you find top medical professionals to facilitate a safe and effective recovery from your injuries.
Prompt Evidence Collection and Documentation
To build a strong case, attorney Dave Ganderton and the investigative team will move fast to organize medical documents and gather all relevant evidence. This may include:
- Medical Records: Detailed reports and medical bills from your healthcare providers
- Accident Reports: Official documents from law enforcement or accident reconstruction teams
- Witness Statements: Testimonies from witnesses to the accident
- Photos and Videos: Visual evidence of the accident scene and injuries
- Surveillance Footage: Video footage from surveillance cameras that may have captured the accident
- Black Box Data: Downloading and analyzing data from electronic data recorders in case of truck accidents
- Expert Opinions: Analysis from medical and accident reconstruction experts
- Demand and Spoliation Letters: Formal requests to preserve evidence and notify involved parties of the claim
Filing a Civil Claim for Damages
Colorado TBI attorney Dave Ganderton ensures that your claim is filed correctly and promptly, adhering to all legal formalities to avoid delays and potential pitfalls in your case. His thorough approach helps safeguard your right to seek damages.
Strong Negotiations with the Insurer
Using evidence-based strategies, Attorney Ganderton aggressively negotiates with the liable parties and their insurers. His professional approach aims to secure a fair and substantial settlement by leveraging the strength of the evidence collected.
Trial Preparations and Expert Engagement
Even while negotiations are ongoing, Colorado TBI lawyer Dave Ganderton begins trial preparations to ensure readiness if the case does not settle. He may hire accident reconstructionists and other experts to bolster your case, demonstrating resolve and providing powerful negotiating leverage to achieve the settlement you deserve.
Stakes are High in TBI Cases for Injured Victims Due to Colorado’s 50% Bar Rule
In Colorado, the stakes in TBI cases are especially high due to the state’s strict modified comparative negligence laws, specifically the 50% bar rule. Insurance companies often attempt to shift blame to escape liability. Experienced Colorado TBI attorney Dave Ganderton has the skills, resources and experience to take on large insurance companies and powerful defendants to fight for your rights and recover the largest possible compensation.
Colorado’s 50% Bar Rule
Colorado operates under a modified comparative negligence system with a 50% bar rule. This means that if you are found to be 50% or more at fault for the accident, you are barred from recovering any damages. This rule can present challenges in proving your case and securing fair compensation.
The Insurance Company’s Unfair Tactics
- Blaming the Victim: Insurers may claim that the victim’s actions contributed significantly to the accident or injury. For example, they might argue that the victim was not wearing a seatbelt or was otherwise negligent.
- Disputing Severity: Insurers may downplay the severity of the TBI, questioning the validity of medical diagnoses and treatment plans to reduce the perceived impact of the injury.
- Creating Doubt: By introducing doubts about the circumstances of the accident or the victim’s conduct, insurers aim to shift some of the blame onto the victim to reduce their liability.
Why You Want Colorado Traumatic Brain Injury Attorney Dave Ganderton on Your Side
Given the complexities and high stakes involved in TBI cases, having dedicated and experienced personal injury attorneys like Dave Ganderton on your side can make all the difference. With over 17 years of experience and a background in insurance defense, Dave Ganderton brings a comprehensive understanding of how insurance companies operate and how to counteract their tactics effectively.
- Extensive Experience: Dave Ganderton’s experience includes representing clients against some of the largest insurance companies in the nation and securing multi-million dollar settlements and verdicts.
- Deep Legal Acumen: Attorney Dave Ganderton’s background as a former prosecutor and insurance defense attorney provides him with valuable insights into the strategies insurers use to minimize their payouts.
- Commitment to Justice: Attorney Ganderton is committed to ensuring that TBI victims receive the compensation they deserve, using his legal knowledge to resolve the complexities of Colorado’s comparative negligence laws and advocate fiercely on your behalf.
Types of Damages a Colorado Brain Injury Claim Lawyer Can Recover for You
Medical Expenses
Medical expenses often form a significant part of a TBI claim. Ensuring you receive compensation for these costs is vital, given the high cost of healthcare. Covered medical expenses may include:
- Hospital Stay Costs: Expenses for your stay in the hospital
- Mental Health Counseling: Fees for psychological support and therapy
- Physical or Occupational Therapy: Costs for therapy sessions aimed at rehabilitation
- Ongoing Medical Treatment: Ongoing care needed as part of your recovery process
- Medical Devices: Costs for devices necessary for your recovery or daily living
- Healthcare Equipment: Expenses for specialized equipment used in your treatment
- Home Accommodations: Modifications to your home to accommodate your injury-related needs
- Prescription Drugs: Costs for medications prescribed by your healthcare provider
- Over-the-Counter Medications: Expenses for medications that don’t require a prescription
- Co-Pays: Fees for visits to healthcare professionals
- Transportation Fees: Costs related to traveling to and from medical appointments
- Ambulance Bills: Charges incurred from emergency transportation
Wage-Related Losses
If your brain injury or sports injuries to the head affect your ability to work, you may be entitled to compensation for lost wages. These include:
- Loss of Employer Health Insurance: The value of health benefits lost due to missing work.
- Lost Income, Tips, and Wages: Compensation for income you have lost due to your inability to work.
- Loss of Employer Contributions to 401(k): The impact on retirement savings from missed employer contributions.
- Loss of Future Potential Earnings: Compensation for future income you may not be able to earn due to your injury.
- Lost Sick Time, Vacation Pay, or Other Paid Time Off: Compensation for benefits and paid leave you missed out on.
Pain and Suffering
Pain and suffering encompass the physical and emotional toll of a TBI. These damages aim to compensate for the distress and discomfort caused by your injury and the accident. This includes:
- Physical Chronic Pain: Persistent pain resulting from your injury
- Skin Scarring or Disfigurement: Compensation for visible scars or disfigurement caused by the injury
- Loss of Consortium: Damages for the impact on your relationship with your spouse or family
- Reduced Quality of Life: The overall decrease in your life enjoyment due to the injury
- Mental Anguish: Emotional distress related to your injury and its consequences
- Embarrassment: Feelings of humiliation resulting from your injury
- Indignity: The loss of dignity due to the injury or its effects
- Inconvenience: Disruptions to your daily life and activities
- Fear or Apprehension: Emotional responses related to your injury and its future impact
Legal Arguments for Injured Motorcyclists Who Were Not Wearing Helmets
If you were injured in a motorcycle accident and were not wearing a helmet, a traumatic brain injury lawyer in Colorado can use relevant state laws to protect your right to seek damages.
Helmet Laws in Colorado
In Colorado, motorcycle riders aged 18 and over are not required to wear helmets. Therefore, not wearing a helmet at the time of the accident cannot be used against you. The absence of a helmet law means there is no legal obligation for riders to wear one, and thus, no standard of conduct against which your actions can be judged.
Admissibility of Helmet Use in Negligence Claims
Under Colorado’s comparative negligence laws, failure to wear a helmet cannot be used as evidence of negligence or to reduce the damages you are entitled to. This legal principle ensures that the focus remains on the at-fault party’s actions rather than your personal choices regarding helmet use.
Colorado Supreme Court Case Precedents
The Colorado Supreme Court has ruled that evidence of helmet non-use is inadmissible in civil trials. This ruling is based on the principle that negligence involves a defendant’s failure to meet a legally imposed standard of conduct. Since there is no law requiring helmet use, it cannot be argued that your failure to wear one contributed to your injuries.
Negligence and Liability
The Court has stated that a defendant should not be able to lessen their responsibility for causing the accident simply because brain injury victims did not anticipate or protect against the defendant’s negligence. In other words, the defendant’s failure to meet their duty of care cannot be offset by your choice not to wear a helmet.
Our law firm will utilize these legal principles to ensure that your right to full compensation is upheld, regardless of helmet use. Our approach focuses on the negligence of the at-fault party, ensuring that you receive the damages you deserve without unfairly being penalized for choices not governed by law.
Get Strong Legal Representation from Our Top-Rated Colorado TBI Lawyer
If you have suffered a traumatic brain injury due to another’s negligence, don’t face the legal process alone. Colorado TBI attorney Dave Ganderton, with his past background as a prosecutor and insurance defense attorney as well as over a decade of experience as a personal injury lawyer, brings a unique perspective to brain injury claims. At Ganderton Law, LLC, we will ensure every detail of your case is handled with precision in order to recover the maximum compensation for your injuries and provide the support you need during this difficult time. To schedule a free consultation with our Colorado head injury lawyers, call us at 719-867-4447 or contact us online.
