What a brain injury lawyer does, and when you need one
A brain injury lawyer represents people who have suffered traumatic brain injuries caused by someone else's negligence or wrongdoing. In Denver, these lawyers handle cases where a TBI resulted from a car accident, workplace injury, fall on someone else's property, medical malpractice, or assault. Their job is to document the injury, prove liability (that someone else was at fault), and recover money for your medical bills, lost wages, ongoing care costs, and pain and suffering.
You need a brain injury lawyer when the injury was caused by another person's or business's actions and you are facing significant costs. A mild concussion from a minor fender-bender may not warrant legal action. A moderate to severe TBI with long-term cognitive, physical, or behavioral effects—especially one that prevents you from working—usually does. The lawyer investigates whether someone was negligent, gathers medical records and informed testimony, and negotiates with insurance companies or takes the case to trial.
Brain injury cases are complex because they require medical experts to explain how the injury happened, what it will cost to treat over a lifetime, and how it affects your earning capacity. Insurance companies resist these claims because the payouts are often substantial. A lawyer with TBI experience knows how to present this evidence and counter the insurance company's arguments.
Key Takeaways
- Brain injury lawyers in Denver work on contingency, meaning you pay nothing upfront and they take a percentage of what you recover—usually 25 to 40 percent.
- The strongest cases have clear liability (someone was obviously at fault), documented medical treatment, and evidence of lasting effects on your ability to work or live independently.
- You have two years from the date of injury to file a personal injury lawsuit in Colorado, so waiting too long can bar your claim entirely.
- Medical records, imaging (CT or MRI scans), neuropsychological testing, and testimony from your doctors are the foundation of your case.
- Many brain injury lawyers in Denver offer free initial consultations where they review your case and tell you whether it is worth pursuing.
How contingency fees work and what they cost
Most brain injury lawyers in Denver work on a contingency fee basis. This means you do not pay them an hourly rate or upfront retainer. Instead, the lawyer takes a percentage of the money recovered—either through settlement or trial verdict. If you recover nothing, the lawyer gets nothing, though you may still owe costs like medical record retrieval, informed witness fees, or court filing fees.
The percentage varies. Many Denver firms charge 25 to 33 percent for cases settled before trial, and 33 to 40 percent if the case goes to trial (because trial requires more work and carries more risk). Some firms negotiate these percentages based on the strength of your case or the amount recovered. Always ask about the exact percentage and what costs you are responsible for before signing a representation agreement.
Contingency fees align the lawyer's incentive with yours: they only make money if you do. This structure removes the financial barrier to hiring a lawyer, but it also means the lawyer will decline cases they believe are weak or unlikely to recover enough to justify the work.
Finding a brain injury lawyer in Denver
Start with the Colorado Bar Association's lawyer referral service, which lists attorneys by practice area and location. You can search online at coloradobar.org and filter for personal injury or brain injury specialists in the Denver area. The Bar Association vets lawyers to may support they are licensed and in good standing, but it does not rate their quality or experience.
Ask for referrals from your primary care doctor, neurologist, or rehabilitation facility. Medical providers often work with lawyers and know which ones handle TBI cases well. Your local brain injury support group—many meet in Denver—can also recommend lawyers their members have used.
Once you have a list of three to five lawyers, call each one and ask for a free initial consultation. During that call, ask how many TBI cases they have handled, what the typical settlement or verdict range is for cases like yours, and how long they expect the process to take. A lawyer with 10 or more TBI cases under their belt will have more experience than a general personal injury lawyer who takes TBI cases occasionally.
What information to bring to your first consultation
Bring a timeline of what happened: the date of the injury, what caused it, who was involved, and whether police or another authority responded. Bring the police report if one exists, or the incident report from your workplace or the property owner.
Bring your medical records: emergency room discharge papers, hospital admission records, imaging results (CT or MRI scans), neurologist or neurosurgeon notes, and any neuropsychological testing reports. If you have not yet seen a neurologist, the lawyer may recommend you do so before the consultation, because medical documentation is critical to proving the injury.
Bring documentation of your losses: medical bills paid so far, receipts for out-of-pocket expenses, pay stubs showing lost wages if you missed work, and any communications with insurance companies. Bring photos of the accident scene or your injuries if you have them. The more organized you are, the faster the lawyer can assess your case.
The timeline from injury to settlement or trial
The process typically unfolds in stages. First, the lawyer investigates: gathering records, interviewing witnesses, and sometimes hiring a medical informed to review your case. This phase takes one to three months. Next, the lawyer sends a demand letter to the at-fault party's insurance company, laying out the facts and the damages you are claiming. The insurance company has 30 to 60 days to respond.
If the insurance company offers a settlement, you and your lawyer will negotiate. This back-and-forth can take weeks or months. If you reach an agreement, the case settles and you receive payment (minus the lawyer's fee and costs). If no settlement is reached, your lawyer files a lawsuit in Denver District Court. From filing to trial can take one to three years, depending on the court's schedule and the complexity of the case.
Throughout this time, you will need to attend medical appointments, provide updated medical records, and possibly sit for a deposition (a recorded question-and-answer session with the other side's lawyer). Your lawyer will prepare you for these steps and explain what to expect.
What damages you can recover in a brain injury case
Economic damages are the concrete costs: past and future medical treatment, rehabilitation, home care, lost wages, and loss of earning capacity if the injury prevents you from returning to your job. A life care plan—a detailed estimate of your future medical and care needs—is often used to calculate these damages. For a severe TBI, this can reach hundreds of thousands of dollars.
Non-economic damages cover pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium (the impact on your relationships). These are harder to quantify, but Colorado law allows juries to award them. The amount depends on the severity of your injury and how well your lawyer presents the impact on your daily life.
Colorado does not have a damage cap for personal injury cases, so there is no legal maximum you can recover. However, the insurance company's policy limits may cap what is available. If the at-fault party's insurance is insufficient, your lawyer may pursue a claim against your own underinsured motorist coverage (if the injury was from a car accident) or explore other sources of recovery.
Red flags and questions to ask before hiring
Avoid lawyers who may provide a specific outcome or promise you will "win big." No honest lawyer can may provide results. Be wary of firms that pressure you to sign when ready or discourage you from consulting other lawyers. Reputable firms expect you to shop around.
Ask whether the lawyer will handle your case personally or hand it off to an associate or paralegal. Ask about their experience with cases similar to yours—not just TBI cases in general, but cases with your type of injury and at a similar severity level. Ask what their settlement and trial record looks like: what percentage of cases settle, and what is the average recovery?
Ask about communication: how often will they update you, and how can you reach them if you have questions? Ask what costs you are responsible for and whether they advance those costs or bill you at the end. Ask for references from past clients if possible. A lawyer confident in their work will provide them.
The Colorado statute of limitations and why timing matters
In Colorado, you have two years from the date of injury to file a personal injury lawsuit. This important date is called the statute of limitations. If you do not file by that date, you lose the right to sue, regardless of how strong your case is. The only exception is if you were a minor at the time of injury—then the clock starts when you turn 18.
This does not mean you must settle or go to trial within two years. It means you must file the lawsuit within two years. Settlement negotiations can continue for years after filing. But if you wait until month 23 to hire a lawyer, you have only days to file, and the lawyer may not have time to investigate properly or negotiate effectively.
Contact a lawyer as soon as you realize your injury is serious and was caused by someone else's negligence. Even if you are still in treatment and unsure of the full extent of your injury, a consultation is free and will clarify your options. The lawyer can file a lawsuit to preserve your rights while you continue to recover.
Frequently Asked Questions
Can I sue if I was partly at fault for the accident that caused my brain injury?
Yes. Colorado follows a rule called comparative negligence, which means you can recover damages even if you were partially at fault—as long as you were less than 50 percent at fault. Your recovery is reduced by your percentage of fault. For example, if you are awarded $100,000 but found 20 percent at fault, you receive $80,000. Your lawyer will explain how this applies to your specific situation.
How long does it take to recover from a brain injury, and does that affect my lawsuit?
Recovery timelines vary widely depending on the severity of the injury. Some people recover significantly within months; others have permanent effects. Your lawsuit does not have to wait for full recovery. In fact, your lawyer will often file suit before recovery is complete, using your current medical status and prognosis to estimate future costs. You can settle or go to trial at any point.
What if the person who caused my injury does not have insurance?
If the at-fault party is uninsured, your lawyer can still sue them personally, but collecting a judgment is difficult. Your own insurance may provide coverage: uninsured motorist coverage (if a car accident), homeowner's or renter's insurance (if an injury on property), or workers' compensation (if a workplace injury). Your lawyer will investigate all available sources of recovery.
Do I have to go to trial, or can we settle?
Most brain injury cases settle before trial—roughly 80 to 90 percent. Settlement is faster, less stressful, and more predictable than trial. However, you have the right to reject any settlement offer and proceed to trial if you believe you can recover more. Your lawyer will advise you on whether a settlement is fair given the strength of your case and the risks of trial.
Will my case be affected if I had a prior brain injury or other medical condition?
The at-fault party's insurance company will likely argue that your current symptoms are from a prior injury, not the recent accident. This is called the "eggshell plaintiff" rule, and it cuts both ways: if you had a pre-existing condition, you can still recover for the additional harm caused by the new injury. Your medical records and informed testimony will clarify what is new and what is pre-existing.