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Denver TBI Attorney

TBI Lawyer Denver

McCormick & Murphy has over 60 years of combined legal experience handling traumatic brain injury cases in Denver. Our dedicated Denver TBI lawyers can help you pursue fair compensation after suffering a brain injury. Contact us 24/7 at (720) 782-8595 for a free consultation.

What is Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs when there is a blow, penetration, or jolt to the head that disrupts normal brain function. TBIs range from mild to severe, with mild cases causing slight changes in alertness while severe cases can lead to extended periods of unconsciousness or memory loss.

TBIs affect people of all ages, though children and older adults face higher risks. According to the CDC, traumatic brain injuries account for approximately one-third of all injury-related deaths nationwide. In Colorado specifically, roughly 500,000 adults live with TBI-related disabilities, making these injuries one of the leading causes of permanent disability annually.

Hiring a Denver Traumatic Brain Injury Lawyer

After suffering a TBI, it’s crucial to seek help from both specialized medical providers and experienced legal representation. Brain injuries can have profound consequences on your life, often resulting in:

  • Lifelong medical expenses
  • Cognitive impairments
  • Reduced quality of life
  • Diminished ability to work
  • Lost wages and career opportunities
  • Pain and suffering

At McCormick & Murphy, our Denver TBI attorneys can help you pursue compensation for all these damages. We understand the complex nature of brain injury cases and the profound impact they have on victims and families.

Who is Responsible for Your Accident?

Determining liability in TBI cases can be complex, as multiple parties may share responsibility either directly or indirectly. The legally responsible party is whoever acted negligently, breaching their duty of care and causing your injury.

For instance, if materials from a construction site caused your injury, the building owner might be liable if they failed to implement proper safety and maintenance practices. Our Denver brain injury lawyers can evaluate your claim during a free consultation to identify all potentially liable parties.

What to Expect After a Traumatic Brain Injury

TBI symptoms may appear immediately or develop gradually after an injury. The effects depend on which brain areas were injured and the severity of the impact.

Common TBI symptoms include:

  • Communication difficulties
  • Emotional problems (depression, irritability, anxiety)
  • Sensory issues affecting taste, touch, or smell
  • Memory and concentration problems
  • Increased sensitivity to noise and light
  • Altered taste sensations
  • Cognitive impairments

A qualified physician should evaluate any suspected brain injury. They can provide guidance on when it’s safe to resume activities requiring good reflexes, memory, and concentration. Mental health treatment is equally important as physical treatment following a TBI.

How Can A Traumatic Brain Injury Lawyer Help You?

McCormick & Murphy’s Denver TBI attorneys provide comprehensive legal support by:

  • Investigating your case thoroughly
  • Identifying all legally liable parties
  • Determining applicable insurance policies
  • Reviewing medical experts’ reports to understand your injury’s full extent
  • Calculating current and future damages
  • Negotiating with insurance companies
  • Representing you in court if necessary

Contact McCormick & Murphy today at (720) 782-8595 for a free consultation. If you can’t come to our office, we’re happy to come to you.

Denver TBI Lawyer Q&As

Denver TBI Attorney Q&As

Our attorneys provide comprehensive legal representation, establishing fault, documenting your injuries, and negotiating maximum compensation with insurance companies and responsible parties.

You may be entitled to compensation for medical costs, lost income, pain and suffering, physical impairment, and in some cases, punitive damages against particularly negligent parties.

Compensation can include medical costs, lost income, pain and suffering, physical impairment and, depending on the circumstances, punitive damages. 

Proving negligence typically requires medical records, witness statements, accident reports, expert testimony, and other documentation that establishes how the responsible party failed in their duty of care.

Brain injuries commonly result from vehicle accidents, motorcycle crashes, falls, workplace accidents, sports injuries, and assaults or violence.

Look for attorneys with specific experience handling TBI cases, a proven track record of successful settlements and verdicts, excellent communication skills, and a thorough understanding of the medical aspects of brain injuries.

Denver TBI Attorney Services

A traumatic brain injury (TBI) shatters lives. When your world is suddenly turned upside down by a brain injury, you don’t just need a lawyer; you need a dedicated advocate who truly understands the profound medical, financial, and emotional challenges you and your family are enduring. If you or someone you love has suffered a brain injury in Denver, Colorado, due to another’s negligence, you’re likely facing overwhelming medical bills, lost income, and deep uncertainty about what the future holds.

The stark reality for TBI victims can be devastating: insurance companies frequently try to undervalue brain injury claims. Without strong legal representation, you could be left struggling to afford the extensive treatment, rehabilitation, and long-term care essential for your recovery. This is where an experienced Denver brain injury attorney from McCormick & Murphy, P.C., becomes your steadfast ally, relentlessly working to secure the full compensation you need to rebuild your life and regain a sense of stability. Since our founding in 1995, our firm’s commitment has been to helping injury victims across Colorado, a mission supported by over 60 years of combined legal experience between our founders, Kirk R. McCormick and James “Jay” Murphy.

Why Your Brain Injury Case Demands Specific Expertise

The Complex Nature of Brain Injury Claims

Traumatic brain injuries are fundamentally different from other personal injury cases. While a broken bone often follows a predictable healing path, brain injuries can have subtle, lasting effects that may not fully surface for months or even years after an accident. This inherent complexity makes TBI cases uniquely challenging for general personal injury attorneys who lack specialized knowledge.

Brain injuries often involve:

  • Cognitive changes affecting memory, concentration, and decision-making.
  • Emotional and behavioral shifts impacting personal relationships and work life.
  • Persistent physical symptoms like headaches, dizziness, and seizures.
  • Long-term care needs that can extend for decades.
  • Lost earning potential threatening your family’s financial security.

Why Insurance Companies Resist Brain Injury Claims

Insurance companies recognize that brain injuries can be incredibly costly, often requiring millions for lifetime care. They employ vast teams of adjusters, medical consultants, and lawyers whose primary goal is to minimize what they pay out. Common tactics include:

  • Claiming symptoms existed before the accident or are unrelated to it.
  • Disputing the severity of the injury, even when medical records indicate otherwise.
  • Pressuring victims to accept quick, inadequate settlements before the full scope of damages is clear.
  • Questioning the necessity of ongoing treatment and rehabilitation.

Our founders, Kirk R. McCormick and James “Jay” Murphy, bring invaluable insights from their prior experience representing insurance companies. This unique background allows McCormick & Murphy, P.C., to anticipate and effectively counter these tactics. Without a knowledgeable Denver brain injury attorney advocating for you, you’re facing a formidable challenge against well-funded corporate interests determined to protect their bottom line.

What Makes McCormick & Murphy, P.C.'s Denver Brain Injury Legal Team Different

Deep Understanding of Brain Injury Medicine

Our legal team at McCormick & Murphy, P.C., collaborates closely with leading neurologists, neuropsychologists, and rehabilitation specialists across the Denver metro area. We are fluent in the medical terminology, diagnostic procedures, and treatment protocols that form the foundation of your case.

This medical understanding means for you:

  • We accurately identify all potential symptoms and complications of your TBI.
  • We partner with the right experts to thoroughly document your injuries and their progression.
  • We can effectively challenge insurance company medical opinions and biased Independent Medical Exams (IMEs).
  • We precisely project your future medical needs and associated costs, including long-term care, with the help of life care planners.

A Dedicated Approach to Your Case

We do more than simply file legal documents. Our comprehensive approach ensures every aspect of your case is handled with precision and care:

  • Immediate Action to Protect Your Case: When you contact us, we act swiftly. Evidence can disappear, witness memories fade, and insurance companies begin building their defense. We move quickly to preserve crucial evidence, interview witnesses, and start building a strong foundation for your claim.
  • Medical Care Coordination: We assist in coordinating your medical care, helping you connect with the right specialists and ensuring you receive appropriate treatment. This is vital for your recovery and strengthens your legal position.
  • Support for Financial Strain: We understand that bills don’t stop during recovery. We work with medical providers to arrange treatment on a lien basis and can help connect you with resources for immediate financial assistance. We also negotiate medical debts within your settlement.
  • Expert Network: Our trusted network includes accident reconstruction specialists, vocational rehabilitation experts, life care planners, and economists who can accurately quantify your losses.

Common Causes of Brain Injuries We Handle in Denver

Understanding how your brain injury occurred is essential for building a strong legal case. Our Denver TBI attorneys have a successful track record with cases arising from:

Motor Vehicle Accidents

Car, truck, and motorcycle collisions are leading causes of TBI in Denver. High-speed impacts, rollovers, and crashes with commercial vehicles often result in severe brain trauma. Even seemingly minor collisions can result in concussions or mild TBIs with lasting effects, which insurance companies frequently try to minimize.

We handle cases involving:

  • Distracted driving incidents (e.g., texting while driving).
  • Drunk driving crashes.
  • Commercial truck collisions on Denver’s major highways (I-25, I-70).
  • Motorcycle accidents.
  • Pedestrian and bicycle accidents in urban areas like downtown Denver.

Workplace Injuries

Construction sites, warehouses, and industrial facilities across Denver present significant risks for head injuries. Workers can suffer TBIs from:

  • Falls from elevated positions or scaffolding.
  • Being struck by falling objects or equipment.
  • Equipment malfunctions and machinery accidents.
  • Electrical accidents and chemical exposures affecting brain function.

If you’ve suffered a workplace TBI, you may be entitled to both workers’ compensation benefits and a separate personal injury claim against a third party if another entity’s negligence contributed to your injury.

Slip and Fall Accidents

Property owners have a responsibility to maintain safe conditions. When they fail to address hazards like wet floors, poor lighting, or uneven surfaces (especially due to Denver’s unpredictable weather), visitors can suffer serious head injuries. We have successfully handled TBI cases involving falls at:

  • Grocery stores and retail outlets.
  • Restaurants and bars.
  • Hotels and resorts.
  • Apartment and condominium complexes.

Sports and Recreation Injuries

While some sports injuries are inherent risks, others result from negligence. We handle cases involving:

  • Defective protective equipment.
  • Inadequate safety protocols (e.g., failure to follow concussion protocols in youth sports).
  • Poorly maintained facilities.
  • Failure to follow concussion protocols by coaches or organizations.

Medical Negligence

Sometimes, brain injuries are a tragic result of medical error, such as:

  • Surgical mistakes affecting the brain.
  • Anesthesia complications leading to oxygen deprivation.
  • Failure to diagnose and treat conditions like stroke or meningitis.
  • Birth injuries causing infant brain trauma (e.g., cerebral palsy).

Understanding Your Rights After a Brain Injury in Denver

Colorado’s Statute of Limitations

In Colorado, you generally have three years from the date of injury to file a personal injury lawsuit for a TBI. However, brain injuries can complicate this timeline because symptoms may not appear immediately. In some situations, the “discovery rule” may extend this deadline, but it is always important to consult with an attorney as soon as possible to protect your rights and ensure crucial evidence is preserved.

Types of Compensation You May Recover

A successful TBI claim can recover various types of damages, helping you regain financial stability:

Economic Damages (quantifiable financial losses):

  • Medical expenses (past and future treatment, medications, therapies).
  • Lost wages and benefits.
  • Reduced earning capacity over your lifetime.
  • Rehabilitation costs (physical, occupational, speech, cognitive therapy).
  • Home modifications for accessibility.
  • Assistive devices and adaptive equipment.

Non-Economic Damages (subjective losses impacting your quality of life):

  • Pain and suffering (physical pain, emotional distress).
  • Emotional distress and mental anguish.
  • Loss of enjoyment of life.
  • Impacts on relationships (loss of consortium for spouses).
  • Mental anguish from the profound changes to your life.

As of January 1, 2025, Colorado’s cap on non-economic damages for personal injury claims has been significantly increased to $1,500,000, which is particularly important for TBI victims who face immense long-term suffering and lifestyle changes.

Punitive Damages: In cases involving particularly reckless behavior (e.g., drunk driving, egregious negligence), Colorado law allows for punitive damages designed to punish the wrongdoer and deter similar conduct. Our firm has a track record of securing such damages.

Colorado’s Modified Comparative Negligence Rule

Colorado follows a modified comparative negligence system. This means you can still recover damages even if you were partially at fault for the accident – as long as your fault does not exceed 50%. Your compensation will be reduced by your percentage of fault. Our attorneys work diligently to minimize any fault attributed to you and maximize the responsibility of other parties.

The Brain Injury Legal Process: A Clear Path Forward with McCormick & Murphy, P.C.

Initial Consultation and Case Evaluation

Your journey begins with a free, confidential consultation where we:

  • Review the circumstances of your injury and how it occurred.
  • Assess the strength of your case and potential for recovery.
  • Explain your legal options clearly and concisely.
  • Answer all your questions about the process.
  • Discuss our transparent contingency fee structure (you pay nothing unless we win).

Investigation and Evidence Gathering

Once you choose us to represent you, we immediately begin investigating your case:

  • Obtaining police reports and all relevant medical records (from Denver hospitals like UCHealth University of Colorado Hospital or Denver Health).
  • Interviewing witnesses and securing their statements.
  • Consulting with accident reconstruction experts when needed.
  • Documenting the scene and preserving crucial evidence.
  • Reviewing all applicable insurance policies and coverage limits.

Medical Documentation and Expert Opinions

Brain injury cases require extensive medical documentation. We work with your healthcare providers to:

  • Obtain complete medical records, including diagnostic imaging (MRI, CT, DTI).
  • Arrange for independent medical evaluations (IMEs) with neurologists or neuropsychologists.
  • Consult with neurological experts to understand causation and prognosis.
  • Document current symptoms and functional limitations accurately.
  • Project future medical needs and costs, utilizing life care planners.

Demand Package and Settlement Negotiations

We prepare a comprehensive demand package that includes:

  • A detailed account of the accident and clear evidence of liability.
  • Complete medical documentation, including expert reports.
  • A precise calculation of all economic and non-economic damages, factoring in Colorado’s new 2025 damage caps.
  • Supporting evidence and witness statements.

Most TBI cases resolve during negotiations, but we are always prepared to take your case to trial in Denver if needed to achieve justice.

Trial Preparation and Litigation

If settlement negotiations do not achieve a fair outcome, we are ready to fight for you in court. Our trial preparation includes:

  • Deposing witnesses and experts (including hostile witnesses from the defense).
  • Preparing compelling demonstrative evidence and visual aids.
  • Developing strong trial themes and narratives.
  • Coordinating expert testimony for powerful presentation.
  • Preparing you thoroughly for trial testimony. Our firm has a strong track record of successful jury verdicts.

Addressing Common Challenges in Brain Injury Cases

The “Invisible” Nature of Brain Injuries

Unlike a broken bone visible on an X-ray, brain injuries often lack obvious external signs. Family members, friends, and even some medical professionals may not fully grasp the extent of your limitations. We address this challenge by:

  • Collaborating with neuropsychologists to objectively document cognitive changes.
  • Using advanced imaging techniques like DTI and SPECT scans when appropriate to show structural damage.
  • Gathering compelling testimony from family and friends about personality and behavioral changes.
  • Employing “day-in-the-life” videos to visually illustrate your daily struggles.
  • Consulting with vocational experts about work limitations and lost earning capacity.

Pre-existing Conditions and the “Eggshell Skull” Rule

Insurance companies often argue that your symptoms are due to pre-existing conditions rather than the accident. Colorado follows the “eggshell skull” rule, which states that defendants must accept victims as they are. If you had a pre-existing condition that made you more susceptible to injury, the defendant is still responsible for all damages directly caused by their negligence. We effectively argue this principle.

Delayed Symptom Onset

Brain injury symptoms can appear days, weeks, or even months after an accident. This delay can complicate your case, but we address it by:

  • Educating insurance companies about delayed symptom onset and providing scientific backing.
  • Consulting with neurological experts about typical progression and atypical presentations.
  • Meticulously documenting the timeline of symptom development.
  • Connecting symptoms to the original trauma through solid medical evidence and expert opinions.

Disputes Over Causation

Insurance companies may argue that your symptoms are unrelated to the accident. We counter these arguments by:

  • Establishing a clear timeline from accident to symptom onset.
  • Ruling out other potential causes through thorough medical testing and expert review.
  • Consulting with experts who can clearly explain the connection between the trauma and your symptoms.
  • Gathering evidence about your pre-accident functioning and health status.

Life After TBI: Resources and Support in Denver

We believe in supporting the Denver community and connecting our clients with valuable resources to aid their recovery.

Medical Resources in Denver

Denver offers excellent medical facilities for TBI diagnosis, treatment, and rehabilitation:

  • National Jewish Health: Known for complex respiratory and related conditions, often impacting TBI recovery.
  • Presbyterian/St. Luke’s Medical Center: Comprehensive neurology and trauma services.
  • UCHealth University of Colorado Hospital: A major academic medical center with advanced TBI care at the Anschutz Medical Campus.
  • Craig Hospital: A world-renowned specialized rehabilitation hospital for brain and spinal cord injuries.
  • Children’s Hospital Colorado: Specialized pediatric brain injury services.
  • Denver Health: Major trauma center providing critical TBI care.

Rehabilitation and Support Services

Recovery from a brain injury often requires ongoing support:

  • Cognitive rehabilitation therapy to improve thinking skills.
  • Speech and language therapy to address communication issues.
  • Occupational therapy to regain daily living skills.
  • Physical therapy to improve motor function and balance.
  • Psychological counseling for emotional trauma and adjustment.
  • Support groups for TBI survivors and families across Denver.

Financial Planning and Future Care

A significant settlement or verdict requires careful financial planning to ensure long-term security for TBI victims:

  • Structured settlements for stable, long-term payments.
  • Special needs trusts to preserve eligibility for government benefits.
  • Life care planning for ongoing medical needs and associated costs.
  • Vocational rehabilitation services for return to work or new career paths.
  • Educational accommodations and support for students with TBI.

Avoiding Common Mistakes That Can Harm Your TBI Case

Protecting your claim starts immediately after your injury. Be aware of these common pitfalls:

Don’t Delay Seeking Legal Help

Brain injury symptoms can evolve, and valuable evidence disappears quickly. Contact a Denver TBI attorney from McCormick & Murphy, P.C., as soon as possible to protect your rights and your case.

Don’t Speak to Insurance Companies Alone

Insurance adjusters are trained to minimize payouts. Let our attorneys handle all communications to ensure your statements are not used against you and your rights are protected.

Don’t Accept Quick Settlement Offers

Initial offers rarely reflect the true, long-term value of brain injury cases. Our attorneys will ensure you receive fair compensation that covers all your needs, now and in the future, particularly with the new 2025 damage caps.

Don’t Minimize Your Symptoms or Pain

Be honest and detailed with all doctors and your attorney about how your injury affects every aspect of your life. Downplaying symptoms can significantly hurt your case.

Don’t Sign Documents Without Legal Review

Insurance companies may ask you to sign medical releases, settlement agreements, or statements that could waive your rights or harm your claim. Always have your attorney review everything first.

The Power of Acting Quickly for Your Brain Injury Claim

Time is of the essence in brain injury cases. Prompt action significantly impacts the strength and success of your claim:

Evidence Preservation

  • Accident scenes can change rapidly, and critical evidence may be lost.
  • Security footage is often erased or overwritten within days or weeks (e.g., from Denver businesses).
  • Witnesses’ memories fade, and their contact information can become harder to find.
  • Physical evidence, such as damaged vehicles or equipment, may be repaired or disposed of.

Medical Documentation

  • Early and consistent medical treatment creates a clear record linking your injuries to the accident.
  • Consistent documentation of symptom progression is crucial for proving the severity and impact of your TBI.
  • Delayed treatment can lead insurance companies to question the legitimacy or severity of your injury.

Legal Deadlines

  • The Statute of Limitations (three years for TBI in Colorado) sets a strict deadline for filing a personal injury lawsuit.
  • Insurance claim deadlines and notice requirements exist and must be met.
  • Court filing requirements and discovery rules also have time limits that must be adhered to.

Choosing the Right Denver TBI Attorney for Your Future

Selecting the right legal advocate is one of the most important decisions you’ll make. When evaluating attorneys, consider:

Specific Experience with Brain Injury Cases

Look for attorneys who regularly handle TBI cases and possess a deep understanding of the complex medical, neurological, and psychological aspects involved, like those at McCormick & Murphy, P.C. Our firm’s attorneys focus on these specific cases.

Proven Track Record of Success

Inquire about their past results in similar cases and their experience in taking cases to trial, if necessary. A history of positive outcomes, including McCormick & Murphy, P.C.’s, multi-million dollar TBI settlements and verdicts, speaks volumes about our ability to deliver.

Resources and Support Staff

Brain injury cases demand significant resources:

  • The ability to advance case expenses (which we do on a contingency basis).
  • Access to top medical experts and consultants in Denver.
  • Sophisticated case management systems.
  • A dedicated support staff to handle intricate cases and extensive documentation.
  • Financial strength to pursue cases to trial if necessary.

Clear Communication and Empathy

Choose an attorney who explains complex legal concepts clearly, listens to your concerns with empathy, and keeps you consistently informed about your case progress. At McCormick & Murphy, P.C., you can expect regular, clear communication and direct access to your attorney.

Transparent Fee Structure

Most personal injury attorneys work on a contingency fee basis, meaning you don’t pay attorney fees unless they win your case. McCormick & Murphy, P.C., operates this way, with no upfront costs and our fees coming from your recovery.

Your Next Steps: Secure Your Future Today

If you or a loved one has suffered a traumatic brain injury in Denver, don’t wait to protect your rights. The sooner you connect with an experienced TBI attorney, the stronger your chances of securing the maximum compensation needed for your recovery.

Free, Confidential Consultation Available

We offer free, no-obligation consultations to discuss your case and explain your legal options. During this meeting, you’ll receive:

  • A clear evaluation of the strength and potential of your claim.
  • An easy-to-understand explanation of the legal process ahead.
  • Answers to all your pressing questions about your rights and next steps.
  • A discussion of our contingency fee structure – you pay nothing unless we win.

No Upfront Costs – We Invest in Your Recovery

We handle brain injury cases on a contingency fee basis. This means:

  • You pay no attorney fees unless we successfully win your case.
  • We cover all case expenses upfront, so you have no out-of-pocket costs.
  • You can focus entirely on your recovery while we manage the legal complexities.
  • Our success is directly tied to yours, ensuring our interests are completely aligned.

Take Immediate Action for Your Peace of Mind

Contact our office today to:

  • Schedule your free, confidential consultation.
  • Begin the critical process of protecting and preserving evidence in your case.
  • Initiate the claims process with confidence, knowing you have expert representation.
  • Get clear, reliable answers to your urgent questions.
  • Take the first decisive step toward securing the justice and financial stability you deserve.

Connect with Our Denver Brain Injury Legal Team Today

Don’t let insurance companies take advantage of you during this incredibly challenging time. Our experienced Denver TBI attorneys at McCormick & Murphy, P.C., are ready to advocate fiercely for the compensation you deserve. We understand the profound challenges you face and possess the knowledge, resources, and dedication to build a powerful case on your behalf.

Brain injuries change lives forever, but you don’t have to navigate this complex legal battle alone. Contact us today for your free consultation and take the first step toward securing your future. Your recovery and well-being are our highest priority, and we will work tirelessly to ensure you receive every dollar you’re entitled to under Colorado law.