What a brain injury attorney does and why you might need one
A brain injury attorney in Denver handles cases where someone has suffered a traumatic brain injury (TBI) due to another person's or organization's negligence. These lawyers work on personal injury claims—lawsuits seeking money damages for medical bills, lost wages, ongoing care costs, and pain and suffering. They do not work for the state or federal government; they represent you against the person or entity responsible for your injury.
You might need one if your TBI resulted from a car accident, workplace incident, fall on someone else's property, assault, or medical error. The attorney's job is to investigate what happened, prove the other party was at fault, calculate what your injury has cost you and will cost you, and either negotiate a settlement or take the case to trial. Most brain injury cases settle before trial, but your attorney needs to be prepared to go to court if the settlement offer is too low.
Brain injury cases are more complex than typical injury claims because TBIs often have long-term effects that are hard to predict. An attorney experienced in these cases knows how to work with medical experts, understand the difference between a concussion and a severe diffuse axonal injury, and argue for damages that account for future care and lost earning potential—not just when ready hospital bills.
Key Takeaways
- A brain injury attorney represents you in a lawsuit against the person or organization whose negligence caused your TBI, seeking money for medical costs, lost wages, and ongoing care.
- Most brain injury attorneys in Denver work on contingency, meaning they take a percentage of your settlement or judgment instead of charging you upfront fees.
- Look for attorneys with specific experience handling TBI cases, not just general personal injury lawyers, because brain injuries require knowledge of long-term neurological effects and informed testimony.
- The State Bar of Colorado's lawyer referral service and local brain injury organizations can connect you with may have access to attorneys in your area.
- Your first consultation is usually free, and you should ask about their track record with similar cases and how they calculate damages for future care.
How contingency fees work and what they cost you
Most brain injury attorneys in Denver work on a contingency fee basis. This means they do not charge you anything upfront. Instead, they take a percentage of the money you receive—either through a settlement or a court judgment. If you win nothing, they get nothing, and you owe them no attorney fees.
The percentage varies but typically ranges from 25 to 40 percent of your recovery, depending on the complexity of the case and whether it settles before trial or requires litigation. A case that settles early in negotiations might be 25 percent; a case that goes to trial might be 33 or 40 percent because the attorney has invested more time and resources. You should ask your attorney upfront what percentage they charge and whether it changes if the case goes to trial.
Beyond attorney fees, there are also case costs—expenses for medical records, informed witnesses, court filings, and investigators. Some attorneys advance these costs and deduct them from your settlement. Others ask you to pay them as they occur. Ask during your first meeting how costs are handled and get it in writing in your fee agreement. These costs can add up, especially in complex TBI cases that require neuropsychological testing or life-care planning experts.
Finding a brain injury attorney in Denver
Start with the Colorado Bar Association's Lawyer Referral Service. You can search their website or call them to request referrals to personal injury attorneys in Denver who handle brain injury cases. They do not recommend specific lawyers, but they provide names of attorneys who meet certain criteria and practice in your area.
The Brain Injury Association of Colorado also maintains a list of attorneys who work with TBI clients. This organization understands the medical and legal landscape of brain injuries in the state and can point you toward lawyers with relevant experience. Local support groups for brain injury survivors sometimes have recommendations as well.
When you have a few names, call each attorney's office and ask whether they take brain injury cases on contingency and whether they have handled cases similar to yours. Many will offer a free initial consultation. Use that call to ask about their experience, how many TBI cases they have handled, and what the typical timeline and settlement range looks like for cases like yours. Do not commit to the first attorney you speak with; talk to at least two or three.
What to look for in a brain injury attorney
Experience with TBI cases specifically matters more than general personal injury experience. Brain injuries are medically complex. An attorney who has handled dozens of car accident cases but no brain injury cases may not know how to value the long-term neurological effects or work effectively with neurologists and neuropsychologists. Ask how many TBI cases they have handled in the past five years and what the outcomes were.
Look for an attorney who has relationships with medical experts—neurologists, neuropsychologists, life-care planners, and vocational rehabilitation specialists. These experts are essential to proving the extent of your injury and calculating damages for future care. An attorney who regularly works with the same experts has an advantage because those experts understand how the attorney presents cases and can testify effectively.
Ask about their communication style. You will be working with this person for months or years. Do they return calls promptly? Do they explain legal concepts in plain language? Do they listen to your concerns about your recovery and your goals? A good attorney keeps you informed about the progress of your case and explains what is happening at each stage.
The process from hiring an attorney to settlement or trial
Once you hire an attorney, they will send a letter to the at-fault party's insurance company or attorney notifying them of your claim. This triggers the discovery process—both sides exchange documents, medical records, and witness statements. Your attorney will gather your medical records, bills, employment records, and any evidence of how the injury has affected your daily life.
Your attorney will likely hire medical experts to review your records and provide opinions on the severity of your injury, your prognosis, and your future care needs. This can take several months. During this time, the other side's insurance company may offer a settlement. Your attorney will advise you on whether the offer is fair based on the damages you have incurred and the strength of your case.
If you and the other side cannot agree on a settlement, the case goes to trial. Your attorney will present evidence, call witnesses and experts, and argue why the other party is liable and what damages you deserve. The judge or jury will decide. Most cases settle before trial because both sides want to avoid the cost and uncertainty of litigation, but your attorney must be prepared to take the case all the way if necessary.
Understanding damages in a brain injury case
Damages are the money you can recover. They fall into two main categories: economic damages and non-economic damages. Economic damages are concrete costs—medical bills, rehabilitation, lost wages, and future medical care. Non-economic damages cover pain and suffering, loss of enjoyment of life, and emotional distress. Colorado law does not cap non-economic damages in personal injury cases, though the jury's award must be reasonable.
In a brain injury case, future care costs are often the largest part of the claim. If your injury requires ongoing therapy, medication, home care, or assistive devices, your attorney will hire a life-care planner—an informed who projects what your care will cost over your lifetime. This can be hundreds of thousands of dollars. Your attorney will also work with a vocational rehabilitation informed if your injury has affected your ability to work, to calculate lost earning potential.
The strength of your case affects the value of your claim. If the other party is clearly at fault and your injury is severe and well-documented, your claim is worth more. If liability is disputed or your injury is mild, the value is lower. Your attorney should give you a realistic range of what your case might be worth based on similar cases they have handled and the facts of your situation.
Questions to ask during your first consultation
Before you hire an attorney, ask these questions: How many TBI cases have you handled? What was the average settlement or judgment amount? How long do cases like mine typically take? What are your contingency fee percentage and how are case costs handled? Do you have relationships with medical experts in neurology and neuropsychology? How often will you update me on the case? What is your assessment of liability in my case—how strong is it?
Also ask what the other side's insurance company is likely to argue and what weaknesses in your case you should be aware of. A good attorney is honest about the strengths and weaknesses of your claim. They will not promise a specific outcome, but they should give you a realistic sense of what your case is worth and what the process will look like.
Frequently Asked Questions
How long does a brain injury case typically take?
Most brain injury cases take one to three years from the time you hire an attorney to settlement or trial. The timeline depends on how quickly medical experts can evaluate you, how cooperative the other side is in settlement negotiations, and whether the case goes to trial. Your attorney should give you a more specific estimate based on the facts of your case.
Can I change attorneys if I am unhappy with mine?
Yes, you can fire your attorney and hire a different one, but you should do it carefully. If your case is already underway, the new attorney will need to get up to speed, which can delay things. You may also owe the first attorney fees for the work they have done. Discuss any concerns with your current attorney first; most problems can be resolved with a conversation.
What if the other party does not have insurance?
If the at-fault party has no insurance, your attorney can still sue them personally, but collecting a judgment can be difficult. You may also have uninsured motorist coverage on your own auto insurance (if the accident was vehicle-related) or underinsured motorist coverage if their insurance limits are too low. Your attorney will explore these options.
Do I have to go to trial?
No. Most cases settle before trial through negotiation. Your attorney will advise you on whether a settlement offer is fair. You have the final say on whether to accept a settlement or go to trial. Your attorney cannot force you to settle, but they can explain the risks and benefits of each choice.
What if I cannot afford to wait months for a settlement?
Some attorneys can help you obtain a settlement advance or lawsuit loan from a third-party lender. These are not loans from the attorney; they are loans against your expected settlement. They carry high interest rates and fees, so use them only if you have urgent financial needs. Discuss this option with your attorney if you are struggling financially while your case is pending.