What a brain injury attorney does in a car accident claim
A brain injury attorney handles the insurance and legal side of your claim so you can focus on recovery. After a car accident that caused a traumatic brain injury (TBI), you face two separate problems: medical bills and lost income piling up now, and long-term costs that may not show up for months or years. Insurance companies know this, and they often settle quickly for far less than your actual damages.
An attorney's job is to document what happened to you, prove the other driver caused it, and calculate what your injury will actually cost over time. They negotiate with the insurance company, file a lawsuit if needed, and handle all the paperwork and important date. Most work on contingency, meaning they take a percentage of what you recover—usually 25 to 40 percent—and you pay nothing upfront.
In Denver, brain injury claims are complex because Colorado has its own rules about fault, damage caps, and how insurance companies must handle them. An attorney who knows Denver courts and local insurance practices can move your claim faster and usually recover more than you would alone.
Key Takeaways
- A brain injury attorney documents your injury, proves fault, and negotiates with insurance on contingency—you pay nothing unless you recover money.
- Brain injury claims require medical records, imaging, informed testimony, and proof of lost wages and future care costs, all of which an attorney gathers.
- Colorado law limits some damages and uses comparative negligence rules, so you need someone who knows Denver courts and local insurance practices.
- Most brain injury claims settle within 6 to 18 months, but serious cases go to trial; your attorney should be ready for both.
- Interview at least three attorneys before hiring, and ask specifically about their experience with TBI cases, not just car accidents in general.
What to look for when choosing an attorney
Experience with TBI cases matters more than a big name or flashy ads. Brain injuries are not like broken bones—they are invisible, hard to prove, and require informed medical testimony to show a jury what happened inside your skull. An attorney who has handled dozens of car accident claims but never a TBI case will undervalue yours.
Ask how many brain injury cases they have taken to trial or settled for over a certain amount—say $100,000. Ask whether they work with neuropsychologists and life care planners, because those experts are how you prove future costs. Ask whether they have tried cases in Denver District Court, because settlement negotiations are different when both sides know the attorney has actually been in front of a judge.
Check whether they have handled cases involving your specific type of injury. A concussion settles differently than a diffuse axonal injury or a contusion. An attorney who knows the difference will know what experts to hire and what damages to demand.
How to find attorneys in Denver
Start with the Colorado Bar Association's lawyer referral service, which screens attorneys for licensing and discipline history. The service does not rank attorneys, but it confirms they are in good standing and have the practice area you need.
Ask your doctor or physical therapist for referrals. They often know which attorneys actually understand TBI and which ones just take any car accident case. Local brain injury support groups in Denver also maintain lists of attorneys their members have used.
Search online reviews on Google, Avvo, and the Better Business Bureau, but read carefully. Look for reviews that mention specific outcomes or describe how the attorney handled their case, not just star ratings. Avoid attorneys who advertise "may provide" settlements or results—that is a sign they do not understand how claims actually work.
Once you have a short list, call each one and ask whether they offer a free initial consultation. Most do. Use that call to ask your screening questions and get a sense of whether they listen and explain things clearly.
What documents and information you will need to gather
Your attorney will ask for the police report from the accident, your medical records from the emergency room and all follow-up visits, imaging reports (CT scans, MRIs), and any neuropsychological testing you have had done. Bring pay stubs or tax returns to prove lost wages, and receipts for any out-of-pocket medical costs.
Write down a timeline of your symptoms and recovery—when you first noticed problems, what got better or worse, and how the injury has changed your daily life. This narrative is often more powerful than medical jargon because it shows a jury what you actually lost.
Gather contact information for anyone who witnessed the accident, your employer (to confirm lost time), and any family members who can testify about changes in your behavior or abilities. Your attorney will decide which witnesses to use, but they need to know who is available.
How the claim process works in Colorado
Colorado is a "comparative negligence" state, which means you can recover even if you were partly at fault—but your recovery is reduced by your percentage of fault. If you were 20 percent at fault and your damages are $100,000, you recover $80,000. This is why proving the other driver caused the accident matters so much.
Your attorney will send a demand letter to the other driver's insurance company, usually 6 to 12 months after the accident, once your medical treatment has stabilized. The letter includes medical records, informed reports, and a calculation of your damages. The insurance company then makes an offer, and negotiation begins.
Most claims settle in this phase. If they do not, your attorney files a lawsuit in Denver District Court. Colorado has a mandatory settlement conference before trial, which is often where cases resolve. If you go to trial, the jury decides fault and damages.
Understanding contingency fees and costs
A contingency fee means your attorney takes a percentage of what you recover—typically 25 to 40 percent depending on whether the case settles or goes to trial. You pay nothing upfront, and if you recover nothing, your attorney gets nothing. This aligns your interests: they only make money if you do.
Separate from the attorney's fee are case costs: filing fees, informed witness fees, medical record retrieval, court reporter fees, and deposition costs. Your attorney usually advances these and deducts them from your recovery. Ask upfront what costs they expect and whether they will cover them or bill you as you go.
Get the fee agreement in writing before you hire anyone. It should spell out the percentage, when it is owed, what costs are included, and what happens if you fire them mid-case. Colorado law requires this, and a reputable attorney will provide it without hesitation.
Red flags to avoid
Avoid attorneys who promise a specific outcome or settlement amount. No one can may provide what an insurance company will pay or what a jury will award. If an attorney says "I always get at least $X," they are either lying or they only take cases they know will settle for that amount—which means they are turning down cases that need real work.
Avoid attorneys who pressure you to settle quickly. Brain injuries often get worse before they get better, and settling too soon locks you into a number that does not cover your actual future costs. A good attorney will tell you to wait until your condition stabilizes.
Avoid attorneys who do not return calls or explain things clearly. You are trusting them with your recovery and your money. If they do not communicate well during the initial consultation, they will not during your case.
Avoid attorneys who have never tried a case. Some settle everything, which is fine if the settlement is fair, but you need someone who is ready to go to trial if the insurance company lowballs you. Ask directly: "Have you tried a case in Denver District Court in the last three years?"
Frequently Asked Questions
How long does a brain injury claim usually take?
Most settle within 6 to 18 months, depending on how quickly your condition stabilizes and how cooperative the insurance company is. Serious cases that go to trial can take 2 to 3 years. Your attorney should give you a realistic timeline based on the facts of your case.
Can I switch attorneys if I am unhappy with mine?
Yes, but it can slow your case. You will need to sign a new fee agreement with the new attorney, and they may need time to get up to speed. If you are thinking about switching, talk to your current attorney first about what is bothering you—sometimes a conversation fixes the problem.
What if the other driver did not have insurance?
Colorado requires all drivers to carry uninsured motorist coverage on their own policy. Your attorney will file a claim against your own insurance company under that coverage. The process is the same, but you are negotiating with your own insurer instead of the other driver's.
Will my case go to trial?
Most do not—roughly 95 percent of car accident claims settle. But your attorney should be prepared to try yours if the insurance company will not pay fairly. Ask during your consultation whether they have trial experience and whether they think your case might need it.
What if I signed something with the insurance company before hiring an attorney?
Tell your attorney when ready. If you signed a release or accepted a settlement, that may limit what you can recover later. Some agreements can be undone, but it depends on what you signed and when. Do not sign anything else without your attorney reviewing it first.