What Is a Traumatic Brain Injury? Boesen Law’s Guide to TBI Types and Symptoms

For people living with a traumatic brain injury, the most important thing to know is that Colorado law gives you the right to seek compensation if another party’s negligence caused it.

In our practice, we’ve seen too many clients told their injury was “minor,” only to later face years of cognitive and physical struggles that were never reflected in the insurance company’s first offer. In this post, our traumatic brain injury lawyers in Colorado break down the types of TBIs that most often appear in legal cases, the symptoms that matter when building evidence, and why these details often determine the outcome of a claim.

Types of Traumatic Brain Injuries That Appear in Claims

Doctors may classify TBIs by severity, but from a legal perspective, each type raises unique challenges in proving damages:

Concussions

The most common brain injury, often labeled “mild.” We’ve seen clients who walked away from a crash thinking they were fine, then weeks later couldn’t remember conversations or focus on basic tasks. These cases show why “mild” doesn’t mean minimal—it means insurers will try to downplay the condition unless the evidence is airtight.

Contusions

A bruise inside the brain, caused by a direct blow to the head. When swelling or bleeding occurs in the frontal or temporal lobes, it can alter personality or judgment. We’ve worked with clients who needed surgery to relieve pressure, and in court those records helped prove not only the cost of treatment but also the long-term change in their ability to live independently.

Diffuse Axonal Injuries (DAI)

Often tied to high-speed car crashes, these injuries tear nerve fibers across the brain. CT scans don’t always show the full damage, which makes expert testimony critical.

Penetrating Injuries

These are the cases where an object breaks through the skull. They are life-threatening, often permanent, and usually linked to construction accidents or violent assaults. Proving damages here is less about whether an injury exists and more about documenting the full scope of lifelong care and lost earnings.

The Brain Injury Association of America estimates that more than 5.3 million Americans live with long-term disabilities caused by TBIs. In our practice, they show up in real cases involving workers who can’t return to their trade, parents who lose the ability to support their children, and older adults whose independence disappears after a single fall.

For answers to your questions, call:
(303) 999-9999

Symptoms Of TBIs That Become Central in Legal Cases

What makes brain injury cases different from a broken bone or torn ligament is that the symptoms are often invisible, delayed, or disputed by insurers. The people closest to the victim—family, co-workers, supervisors—are often the first to notice changes that never show up on a scan. In litigation, those observations can be just as important as medical tests.

• Cognitive problems: Memory lapses, poor concentration, difficulty processing conversations. These often show up in employment records or testimony from supervisors.
• Physical issues: Headaches, dizziness, fatigue, blurred vision, or seizures. When documented consistently in medical charts, they become strong evidence of ongoing impairment.
• Emotional changes: Mood swings, depression, irritability, or personality shifts. We’ve had cases where the most compelling testimony came from a spouse describing how their partner “wasn’t the same person” after the injury.

How Traumatic Brain Injuries Are Evaluated in Court

CT scans, MRIs, and neurological exams are useful for identifying bleeding or swelling, but many brain injuries—particularly concussions and diffuse axonal injuries—don’t show up clearly on imaging.

From a legal perspective, we use these evaluations to connect the dots:

• Linking the injury to the specific accident (car crash, fall, workplace incident).
• Showing how the injury has reduced earning capacity or eliminated a career path entirely.
• Documenting the need for long-term treatment, from cognitive therapy to in-home care.

Their testimony helps explain to insurers, judges, or juries that a TBI isn’t just a “medical label” but a condition that shapes the rest of a person’s life.

The Damages Available in Colorado TBI Cases

When someone suffers a brain injury because of negligence, Colorado law allows them to pursue compensation that reflects both immediate costs and long-term consequences. Damages in these cases often include:

• Medical expenses: surgeries, hospital stays, rehabilitation, cognitive therapy, and medication.
• Lost income: both wages already missed and the future earning capacity lost if the victim can’t return to their job.
• Pain and suffering: compensation for physical pain, mental distress, and loss of enjoyment of life.
• Long-term care costs: in-home health aides, adaptive equipment, or assisted living when independence is no longer possible.

Why TBI Cases Require Experienced Lawyers

Brain injury cases are among the most heavily contested claims we handle. Insurers often argue that symptoms are exaggerated, unrelated to the accident, or caused by pre-existing conditions. Without legal support, many victims accept low settlements that don’t come close to covering their lifetime costs. Our role is to bring together medical records, expert opinions, and personal testimony to show the full picture.

We’ve spent decades working in Colorado courts, and we know how to counter the tactics insurers use to minimize brain injuries. In our experience, the difference between a $20,000 settlement and a six-figure recovery often comes down to whether the evidence fully captures the daily reality of living with a TBI.

If you or a family member is struggling with a TBI, contact us today for a free consultation to discuss your legal rights and options with an experienced TBI lawyer at Boesen Law.

Frequently Asked Questions (FAQ)

What legal rights do traumatic brain injury victims have in Colorado?

Colorado law allows TBI victims to bring a negligence claim when another party caused the injury. That means you can seek compensation for medical treatment, lost wages, long-term care, and noneconomic damages such as pain and suffering. Even concussions can qualify if evidence shows they affected your ability to work or function day to day.

How long do I have to file a TBI lawsuit in Colorado?

Under C.R.S. § 13-80-102, you generally have two years to file a personal injury claim. If the TBI was caused by a motor vehicle accident, the statute of limitations extends to three years. Claims against government entities have a shorter 182-day notice requirement under the Colorado Governmental Immunity Act.

Does Colorado limit damages in brain injury cases?

Yes, noneconomic damages (like pain and suffering) are capped by statute, with higher caps applying to cases filed in 2025 and after. As of January 1, 2025, the cap on non-economic damages in most personal injury cases, including brain injuries, is $1.5 million. Exceptions exist for cases involving permanent physical impairment, where higher damages may be awarded. Economic damages such as medical bills and lost wages remain uncapped. Starting in 2028, these caps will automatically adjust for inflation every two years.

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