Denver Brain Injury LawyersRequest Free Consultation
Since your brain is arguably the most important organ in your body, any damage or injury to the brain can severely impact your life. Brain injuries can result from a number of events, and traumatic brain injuries are among the most devastating injuries accident victims can suffer.
If you have suffered a brain injury, you likely face a long road to recovery that includes extensive rehabilitation and ongoing medical treatment. You may need to relearn how to perform basic, everyday tasks, such as grooming yourself or even walking. Your brain injury may result in a permanent disability that adversely affects your ability to earn a living and enjoy your previous quality of life.
You need an experienced attorney to help you obtain justice for your injuries and overcome the physical, psychological, and financial burdens your brain injury has had on you and your family.
To learn how Fuicelli & Lee can help you pursue full and fair compensation after a traumatic brain injury, call (303) 355-7202 today to discuss your case for free with one of our knowledgeable Denver brain injury attorneys. We welcome clients from Denver, Longmont, and other areas throughout Colorado. Se habla Español.
Read more about traumatic brain injury cases below:
- Why Choose Fuicelli & Lee for Your Brain Injury Case
- What Is a TBI?
- Types of Head and Brain Injuries
- Common Causes of Brain Injuries
- Signs and Symptoms of Brain Injury
- Compensation You Can Get for Head and Brain Injuries
- Establishing Liability for Your Brain Injury Claim
- The Brain Injury Claims Process
- Traumatic Brain Injury Resources
- Discuss Your Brain Injury Case Now for Free
Why Choose Our Denver Brain Injury Lawyers?
Brain injuries are exceptionally complicated medical issues. If you or someone you love has experienced an injury to the head or brain, it is incredibly important to choose a lawyer who has a comprehensive understanding of brain injuries and ample experience successfully handling these types of cases.
At Fuicelli & Lee, we have a depth of resources, including a network of brain injury specialists, to ensure you get the type of treatment you need to address your injury, manage your symptoms, and help you recover.
Our firm’s founding partner, Keith Fuicelli, knows firsthand how a brain injury can impact a person’s life. In 2007, he was struck by a car while crossing the street. He was resuscitated at the scene, spent multiple days on life support, and two weeks in a coma. He then spent the following two-and-a-half years recovering from his injuries.
This harrowing experience gives Mr. Fuicelli a unique perspective into the immeasurable toll that serious injuries and subsequent recoveries can exact on victims and their families. He knows what a vulnerable and terrifying time this can be.
As a brain injury victim, your brain injury claim is not just a case, it is your life. We know this. Every Denver injury attorney and legal team member at Fuicelli & Lee is passionate about helping you obtain the full and fair compensation you need, and we have the knowledge, skills, and experience to do it.
Fuicelli & Lee supports the Brain Injury Alliance of Colorado, and Mr. Fuicelli sits on the board. We fundraise for, and participate in, the annual Pikes Peak Challenge that supports brain injury victims in addition to other events throughout the year.
To request a free consultation from an experienced brain injury lawyer who understands what you are going through and will fight to help you recover maximum financial compensation, contact Fuicelli & Lee at (303) 355-7202.
What Is a Traumatic Brain Injury (TBI)?
The term traumatic brain injury (TBI) refers to any head injury that results in brain damage. This can include serious concussions and permanent brain damage. Considered an acquired brain injury, a TBI can occur from violent impacts to the head, or when an object penetrates the skull and pierces the brain. Even brain injuries classified as mild can have long-term consequences and significant effects on your cognitive and physical abilities.
Traumatic brain injuries are not always accompanied by a loss of consciousness and are not always immediately apparent. In fact, TBI can often go undetected for months. If you’ve suffered an injury that may have harmed your brain, you should seek medical attention right away. Victims of TBI frequently walk away from accidents thinking they are fine, only to suffer debilitating and even fatal consequences in the future.
Types of Head and Brain Injuries
Generally speaking, head injuries fall into two main classifications:
- Open head injury– Occurs any time the skull is penetrated. These injuries are easy to detect and the consequences are typically severe.
- Closed head injury– Occurs when the brain shakes violently inside the skull or collides with the skull’s interior. These injuries can occur even when the skull does not strike another object, such as in a whiplash accident.
Physicians classify brain injuries into several types, which include:
- Cerebral concussion: A concussion is a mild TBI, and doctors define it as a temporary loss of brain function due to head trauma. Concussions range in severity, from transient confusion with no loss of consciousness to prolonged periods of unconsciousness.
- Diffuse axonal injury: This results from a traumatic head rotation. Around 30 to 40 percent of TBI-related deaths involve signs of diffuse axonal injury.
- Intraventricular hemorrhage: Caused by severe head trauma, this type of hemorrhaging often accompanies other types of intracranial hemorrhages.
- Subdural hematoma: This occurs after a head impact, when a blood vessel on the outer surface of the brain tears and blood collects between the membranes surrounding the brain.
- Epidural hematoma: Caused by skull fractures, this condition results from bleeding in the middle meningeal artery. Victims can experience alternating states of lucidity and unconsciousness.
- Cerebral contusion: This refers to a bruise to brain tissue caused by physical compression and deceleration. These injuries often expand.
- Hypoxia: This type of injury occurs when the brain doesn’t get enough oxygen, which can ultimately lead to death.
- Toxic or Chemical Damage: Dangerous toxins and chemicals such as lead and carbon monoxide can harm the brain’s neurons and delicate tissues.
Common Causes of Brain Injuries
You can suffer a brain injury any time your head experiences a forceful strike or “blow” or a violent jarring or jerking motion. Brain injuries can occur from a wide range of accidents and incidents, and some of the most common include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Slip and fall
- Defective products
- Dangerous drugs and pharmaceuticals
Also, many sports injuries result in brain injuries, such as football, ice hockey, and soccer. Boxing and martial arts also cause many brain injury cases.
Additionally, infants can suffer severe head and brain injuries at birth. These injuries can result from several incidents, including lack of oxygen or forceful extraction from the birth canal. In many cases, birth-related brain injuries can cause cerebral palsy in children and other serious, chronic health conditions.
Unfortunately, a lot of brain injuries result from someone else’s negligence, carelessness, or recklessness. The brain injury could have easily been prevented if the negligent party had acted in a safe manner.
If another party’s negligence caused your brain injury, Fuicelli & Lee will fight aggressively to ensure you receive the justice and compensation you deserve.
Signs and Symptoms of Brain Injury
While the symptoms of brain injuries are sometimes immediately apparent, they often take days or weeks to emerge. Because of this, when you suffer a blow to the head, it’s important to seek medical attention immediately, even if you think you feel fine. By quickly obtaining the necessary treatment, you can significantly improve your chances for recovery, which could make the difference between restoring full brain function or relying on a lifetime of ongoing care.
Your symptoms may vary based on the area that suffered the injury and the severity of your brain damage. Symptoms may include:
- Concentration problems
- Sleeping more or less than usual
- Depression, anxiety, and personality changes
- Ringing in the ears
- Sight, smell, and other sensory problems
- Language and communication problems
- Memory loss
- Dizziness and loss of balance
- Nausea and vomiting
- Loss of consciousness
- Disorientation and confusion
While this is not an exhaustive list of all potential symptoms you may experience from a brain injury, if you experience any of the above, you should seek medical attention right away.
Compensation You Can Get for Head and Brain Injury Claims
If your head or brain injury resulted from someone else’s negligence, you may be entitled to compensation for the damages and suffering you incurred. The consequences of these types of injuries go beyond physical damages and can have lingering effects on the financial and emotional future of you and your family.
Just as it’s important to seek medical assistance after a head injury, it’s important to get the guidance of an experienced brain injury attorney to assist you in your time of need. Our knowledgeable attorneys will fight tirelessly to ensure you get the compensation you deserve, which may include:
- Past and future medical costs, including physical therapy
- Lost past and future income
- Pain and suffering
- Detrimental effect on quality of life, including relationships with family
- Lifestyle accommodations for physical or mental disability
We know both the immediate and long-term consequences of your condition and will conduct a thorough investigation into the details of your case to ensure you receive full and fair compensation from the responsible party.
In the unfortunate event that you lose a loved one because of a brain injury, we may be able to help you obtain compensation for lost guidance and companionship, funeral and burial expenses, lost future income and other costs through a wrongful death claim.
Establishing Liability for Your Brain Injury Claim
To pursue compensation for your brain injury, you must show the other party was responsible for causing the accident or creating the conditions that lead to your injury. To establish liability, your Denver brain injury lawyer will have to show the other party owed you a duty of care. For example, all drivers owe a duty of care to others on the road, and doctors have a duty to provide an accepted standard of medical care to their patients.
The next important step in establishing liability is for your attorney to show that the other party breached that duty through their negligent, careless, or reckless actions. Your attorney must then show the breach caused your brain injuries, and you suffered damages as a result.
While the process appears straightforward, it can sometimes be incredibly challenging to prove liability. Some brain injury cases may have multiple defendants, or the cause of the brain injury may not be readily apparent.
Regardless, the defendants and their insurance companies will likely refute your claim and try to deny liability so they don’t have to pay. Your attorney will need to gather a lot of evidence to support your claim and will probably have to wrangle with the insurance company to get them to accept your claim and pay you the money you need.
The Brain Injury Claims Process
If your traumatic brain injury occurred in a motor vehicle accident, a premises liability incident, medical malpractice, or a defective product, the at-fault party’s insurance will probably cover your injuries. For most Denver brain injury cases, your first step in obtaining compensation is to have your attorney file a claim with the other party’s insurance company. When they file your claim, your lawyer will submit a demand letter that details your injuries and how the other party is liable.
The insurance company will assign an adjuster to investigate your claim and report back on their findings. In the best-case scenario, the insurer will accept your claim without dispute and pay you the money you ask for.
In many personal injury cases, however, insurance companies refute parts of the claim or assert the policy doesn’t cover all the victim’s injuries. The insurer may respond with a much lower offer and one that does not cover all your medical expenses and other losses.
Your attorney will need to negotiate with the insurance company to make them honor your claim and pay you the compensation you deserve.
Do Not Accept a Low Initial Settlement Offer
Although you have medical bills, household expenses, and other costs–and you have likely had to miss work or may still be out of work–you shouldn’t rush to accept a settlement offer from the insurance company. Particularly with brain injuries, you may not know the extent of your injuries until some time later. If you accept a settlement, you will not be able to pursue additional compensation in the future.
You should work with your attorney to ensure you get a comprehensive medical evaluation, including MRIs, CT scans, PET scans, and other diagnostic tests. You will also want a prognosis from a licensed medical expert on how your brain injury may affect your life going forward.
If your brain injury results in a permanent disability, for instance, you will require lifelong care and accommodations. Your lawyer can help you determine how much compensation you will need in the future to cover ongoing therapy, treatment, and rehabilitation.
Personal Injury Lawsuit
Sometimes, insurers outright deny claims and refuse to negotiate. They may also act in bad faith regarding claims. In these cases, you can take them to court and sue them for the money you need. You may also need to take your brain injury claim to court if the accident or the cause of your injuries is not covered under an insurance policy.
Colorado allows you two years from the date of your injury to file a lawsuit in civil court–for motor vehicle accidents, the statute of limitations increases to three years.
You have no time to waste in filing your lawsuit, so your attorney needs to begin gathering evidence and building a strong case as soon as possible. Also, if you are dealing with a particularly unresponsive or combative insurer, filing a lawsuit can spur them into taking your case more seriously.
The Denver brain injury attorneys at Fuicelli & Lee have extensive trial experience, and we will prepare your case from the start as if it is going to trial. We have gone toe-to-toe with numerous large insurance companies, and we have secured substantial jury awards for our clients.
Traumatic Brain Injury Resources
TBI Classes and Education
A brain injury can change a person’s life in subtle to dramatic ways. To learn how to cope with the effects of TBI and better manage day-to-day living, a variety of classes can help. These classes cover everything from preventing falls to learning how to paint.
Traumatic Brain Injury Support Groups
Living with a traumatic brain injury (TBI), or providing care for a loved one with a brain injury, can leave people feeling isolated and lonely. Support groups can help individuals with TBI and their caregivers connect with others who understand. The Brain Injury Alliance of Colorado (BIAC) offers this list of support groups around the state.
Children with Traumatic Brain Injuries
Because TBI can present differently in children, special consideration and resources may be necessary to manage school and home life. The Colorado Kids Brain Injury Resource Network provides information and resources to parents, educators, caregivers, and others who support a child with brain injury.
The organization offers a manual highlighting the effects of brain injury in children, which can help guide both parents and educators.
Brain Injury Rehabilitation Programs
In Colorado, Craig Hospital is recognized as a leader in treating patients with traumatic brain injuries. Its comprehensive treatment and rehabilitation program takes patients from the first days of injury through outpatient follow-up programs. Its goal is to “help patients return home as independent and prepared for the future as possible.”
Other Colorado treatment and rehab programs include Learning Services in Lakewood, HealthSouth Rehabilitation Hospital in Colorado Springs, Boulder Community Hospital inpatient rehabilitation, HealthOne Spalding Rehabilitation Hospital in Aurora, and many more.
Recreation Programs for Brain Injury Victims
Therapeutic recreation is an important aspect of rehabilitation. By engaging in leisure-time activities, those recovering from brain injuries can improve their rehabilitation efforts and quality of life.
Craig’s therapeutic rehabilitation patient program includes water sports, horticulture, indoor games, outdoor adventures, and more. Alumni of the patient program can also participate in ongoing recreation and adventure programs sponsored by the hospital.
BIAC also partners with organizations throughout the state to offer a variety of brain injury recreation programs.
With the right resources, people living with a brain injury can enjoy an improved quality of life.
Speak to a Denver Brain Injury Attorney for Free
If you or someone you love has suffered a traumatic brain injury, contact Fuicelli & Lee today for a free consultation. You can complete our contact form or call us at (303) 355-7202 to discuss your case with an experienced Denver brain injury attorney who has your rights and best interests at heart.
We fiercely advocate for brain injury victims throughout Colorado, including Denver, Longmont, and neighboring communities. We are committed to helping you maximize your financial recovery so you can focus on your physical recovery.
“Lori Tolle and her team are fantastic! They communicate well and are very compassionate. They made a complicated case go much smoother than anticipated. I highly recommend Fuicelli & Lee, P.C.” – Troy H. ⭐⭐⭐⭐⭐
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Fuicelli & Lee, PC – Denver Office
1731 Gilpin Street
Denver, CO 80218
P: (303) 355-7202