Your Legal Rights After a TBI in Colorado: What Victims Need to Know

From sudden medical costs to long-term care needs, many victims don’t realize that Colorado law provides a series of protections specifically designed to help them recover. These rights are tools you can use to demand compensation, stop retaliation, and secure your future.

As TBI attorneys who have handled brain injury cases for decades, we’ve seen firsthand how exercising these rights can make the difference between an insurer controlling the narrative and a victim receiving full justice. Below are the most important rights every Colorado TBI victim should know.

#1: The Right to Have Your Case Heard in Court

Colorado guarantees that if you were injured because of someone else’s negligence, you have the right to bring your case before a judge or jury. This protection is what stops insurance companies from simply saying “no” and shutting the door.

Yes, deadlines exist—two years for most personal injury claims under C.R.S. § 13-80-102, three years if a motor vehicle crash caused the injury, and 182 days if a government entity is involved. But those deadlines are actually legal guarantees: they preserve your access to court and prevent defendants from dodging responsibility forever.

We often tell clients that asserting this right early is one of the most powerful steps you can take. Once your case is filed within the window, the court—not the insurer—decides whether your injuries deserve compensation.

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

#2: The Right to Hold Negligent Parties Accountable

Every TBI case begins with the same question: did someone else’s negligence cause or contribute to your injury? Colorado law recognizes your right to hold careless drivers, unsafe property owners, negligent employers, and even product manufacturers legally responsible when their conduct harms you.

This right extends far beyond car crashes. We’ve pursued claims for clients injured by icy sidewalks, defective safety equipment on worksites, and even rental companies that ignored known hazards in their vehicles. In each case, the law empowered victims to demand accountability from the parties who failed to prevent foreseeable harm.

Proving negligence means connecting the dots—linking your diagnosis to the unsafe conduct. That’s where experienced legal strategy matters. Accident reports, OSHA citations, witness statements, and medical records all work together to turn your right into a result.

#3: The Right to Compensation for Both Economic and Non-Economic Losses

Many people assume they can only recover medical bills after a TBI. Colorado law goes much further. You have the right to claim both economic damages (hospital bills, rehabilitation, medications, lost wages, reduced earning capacity) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life).

Colorado also recognizes physical impairment and disfigurement damages separately, without the same caps that apply to non-economic losses. For someone living with cognitive decline or permanent mobility limits, this distinction can be critical to ensuring full compensation.

We’ve worked with life-care planners and economists to show the long-term costs of TBIs—projecting not just immediate expenses, but decades of therapy, home modifications, and lost income. This right ensures your claim reflects the true scope of your losses, not just what insurers are willing to pay upfront.

#4: The Right to Pursue Punitive Damages in Extreme Cases

While rare, Colorado law allows TBI victims to pursue punitive damages when the defendant’s conduct was willful, wanton, or reckless. That includes drunk driving crashes, employers knowingly ignoring safety regulations, or companies concealing product defects.

In our practice, we’ve seen how asserting this right changes the negotiation dynamic. Suddenly, defendants face not only repayment but the possibility of a jury awarding additional damages to send a message.

#5: The Right to Fair Treatment Even If You Share Some Fault

Colorado applies a modified comparative negligence rule. This means you can still recover damages if you were partly at fault, as long as you were less than 50% responsible for the accident. Your compensation is reduced by your percentage of fault, but the law prevents insurers from using small mistakes as an excuse to deny your claim entirely.

For example, we’ve handled cases where a driver with a TBI was struck at an intersection but had rolled slightly past the stop line. The insurer argued this erased their right to compensation. In reality, the law allowed recovery because the other driver’s negligence was far greater. Knowing this right can prevent you from walking away from a claim you’re legally entitled to pursue.

#6: The Right to Protection From Retaliation

If your TBI happened at work, Colorado law specifically protects you from retaliation after filing a workers’ compensation claim. Employers cannot fire, demote, or intimidate you for exercising your rights. The same principle applies when filing a personal injury lawsuit — defendants can’t pressure you to drop the case with threats or harassment.

We’ve represented clients who were reassigned to overnight shifts or cut out of key projects after reporting an injury. By asserting this right, we not only restored their benefits but also held the employer accountable for the retaliation itself.

#7: The Right to Experienced Legal Representation

Perhaps the most overlooked right is your ability to have a lawyer who levels the playing field against insurers and corporate defendants. Colorado courts allow attorneys to handle these cases on a contingency-fee basis, meaning you pay nothing upfront and only if you win. This ensures victims with limited resources can still access the legal system.

At Boesen Law, we prepare every case as if it will go to trial, even if it settles. That approach forces insurers to take claims seriously, often leading to higher settlements.

Why Knowing Your Rights Early Matters

We’ve built our practice on making sure clients don’t just know their rights but use them effectively. If you or a loved one suffered a brain injury, we invite you to schedule a free consultation. We’ll review your case, explain your options, and guide you through every step of asserting these rights.

Contact us today to start protecting your future.

Call (303) 999-9999 or complete a Free Case Evaluation form