Fort Collins Brain Injury Lawyers

Many parties may be liable for a brain injury. Certainly, the person who is responsible directly will be liable. However, others may also be financially obligated for your injuries and suffering. Here are some of the parties to consider when evaluating who may be responsible for your brain injury:

• The person who hurts you directly, like another driver in a car accident
• The employer of the person responsible
• A company that hired or retained an unqualified employee
• The manufacturer of a defective product
• A company or organization that allowed the person responsible to disobey safety protocols
• Any third party that did not perform the proper safety checks

As your brain injury lawyers, we make sure that we look at all parties potentially liable for your injuries and losses. Each party may be held responsible and required to pay a monetary judgment in your favor. We use our expertise in personal injury law to ensure your claim for compensation is comprehensive.

How much compensation you will get for a brain injury depends on your actual losses. Because brain injuries are often severe, compensation amounts may be high. The exact amount that a victim can claim varies in each case based on injuries, the treatment required and the severity of the victim's suffering.

Damages may include all of your economic losses plus an additional amount for pain and suffering. Long-term medical needs may be a part of the claim for compensation as part of a brain injury. Here are the compensatory damages you may recover after a brain injury accident:

• Medical costs
• Costs for surgery, assisted-living care and long-term treatments
• Lost wages and future earnings losses
• Property damage
• Loss of consortium
• Pain and suffering
• Loss of reputation
• Mental anguish
• Emotional distress

If you suffered a brain injury due to another party's negligence, you deserve compensation for both economic and non-economic damages. Working with an experienced head injury attorney can maximize your compensation and get you the financial relief you need now.

One of the challenges of any brain injury case is proving what the damages are. After all, a brain injury usually isn't visible to the naked eye. It can be hard to tell from looking at a person if they are injured and how long those injuries will last. But to prove a brain injury accident claim, you need to present evidence of what the brain injury is, what your limitations are because of the injury and what your prognosis is for recovery.

In most cases, the victim relies on expert witnesses to present this kind of proof. A medical expert can examine your injuries and explain the reasoning for their diagnosis. This testimony can be the basis for the value of your claim. The expert explains the damages that you have now. They also give insight into what they expect you to experience in the future for symptoms and medical treatment.

One example that illustrates the importance of a qualified expert witness is the Huntoon v. TCI Cablevision of Colorado case. In this case, an employee of the defendant's company rear-ended the victim who suffered a brain injury as a result. A neuropsychologist testified that the accident caused the victim's symptoms, and the court awarded a judgment in favor of the victim.

The defendant tried to challenge the expert testimony. They argued that a psychologist is not qualified to testify about a head injury. However, the Colorado Supreme Court said that the expert is qualified to testify as long as they meet the requirements of the Colorado rules for expert witnesses.

Having the right expert testimony for a brain injury case is crucial. As your Fort Collins brain injury lawyers, we help you with several different aspects when it comes to expert witnesses:

• Ensuring that the person meets the legal requirements as an expert witness
• Showing causation between the accident and the injuries
• Explaining in detail what your injuries are
• Including long-term symptoms and hardships even if your diagnosis is uncertain
• Having the expert testify about the cost of future medical care
• Questioning the witness on the stand
• Responding to objections, motions and arguments from the other party
• Making the right arguments to the jury based on the testimony