Traumatic Brain Injury in Workplace Injury Cases
A traumatic brain injury (TBI) is caused by a violent blow or jolt to the head or body. TBIs range from mild concussions to severe brain damage resulting in permanent cognitive, physical, and emotional impairment.
Workplace Injury cases in Colorado that result in traumatic brain injury are subject to 3 years for third-party PI claims; WC: 4-day notice + 2-year claim deadline. Under Colorado’s modified comparative fault system (C.R.S. § 13-21-111), your recovery is reduced by your fault percentage and barred entirely at 50% or more fault.
Traumatic Brain Injury Settlement Ranges
| Severity | Estimated Settlement Range |
|---|---|
| Low Severity | $50,000 – $100,000 |
| Medium Severity | $150,000 – $500,000 |
| High Severity / Catastrophic | $500,000 – $5,000,000+ |
These ranges are general estimates based on Colorado verdict and settlement data. Actual case values vary based on specific facts.
Medical Treatment & Case Impact
TBIs are diagnosed through neurological examination, CT scans, and MRI. Severe TBIs may require emergency surgery to reduce brain swelling. Long-term treatment includes rehabilitation, cognitive therapy, occupational therapy, and medication. Craig Hospital in Englewood, Colorado is one of the nation’s leading TBI rehabilitation centers.
TBI cases are among the highest-value personal injury claims because of the potential for permanent disability, lifetime care needs, and profound impact on quality of life. Expert testimony from neurologists and life care planners is critical. Colorado’s noneconomic damage cap of ~$642,180 may be increased to ~$1M by the court.