How Long Does a TBI Lawsuit Take in Denver? What Sets the Pace of a Brain Injury Case

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There’s No Set Timeline for a TBI Case

When you’re dealing with headaches, memory problems, or mood changes, a clear date would be a relief. A brain injury case moves through stages, and no one can promise an end date at the start.

A few things shape how long your case may run:

• How your recovery unfolds. A claim is easier to value once doctors have a clearer picture of what care you’ll need.
• How clear the facts are. A crash with a police report, photos, and witnesses can move differently from one where fault is disputed.
• How many parties and insurers are involved. Each one may need to review the claim.
• Whether the case settles or goes to court. A lawsuit adds court steps, and each one takes time.
• Which deadlines apply. Some cases have to be filed, or a notice has to be sent, before settlement talks are finished.

If you’re weighing an offer along the way, our guide on when not to accept a settlement offer in Denver explains what to check before you sign.

Why a Brain Injury Can Slow the Early Stages

A brain injury can be harder to see than a broken bone, and it can take time for doctors and for you to understand it.

The CDC explains that “some mild TBI and concussion symptoms may appear right away, while others may not appear for hours or days after the injury.” It also says symptoms “may change during recovery” and that a person with a mild TBI “may not recognize or admit that they are having problems” (CDC).

Settling before you know how the injury is affecting your work, sleep, memory, or mood can leave real losses out of your claim.

Here’s what can take time to become clear after a brain injury:

• Whether headaches, dizziness, or light sensitivity are easing or lasting
• Changes in memory, concentration, or how quickly you think
• Changes in mood, patience, or sleep that family members may notice first
• Whether you can return to the same job, the same hours, or the same duties
• What follow-up care, therapy, or testing your doctors recommend

Know the danger signs and get help right away. The CDC says to call 9-1-1 or go to an emergency department for danger signs such as a headache that gets worse and does not go away, repeated vomiting, slurred speech, or looking very drowsy or being impossible to wake (CDC).

The Stages of a TBI Claim

A brain injury claim generally moves through the stages below, though the details depend on your case. A case can resolve at more than one point along the way, so not every case reaches the later stages.

Stage	What happens	What can affect the timing
1. Medical care and recovery	You get treatment, and your doctors track how you’re doing	How your symptoms change and what care is recommended
2. Gathering records and evidence	Medical records, bills, the crash report, photos, and witness names are collected.	How quickly providers and agencies send records
3. The insurance claim	The claim is presented to the insurer, and negotiations begin.	How the insurer responds, and whether fault is disputed
4. Filing a lawsuit, if needed	A complaint is filed with the court and served on the defendant.	Deadlines, and whether talks have stalled
5. The defendant’s response	The defendant files an answer or other response.	The official summons form gives 21 days after service in Colorado, or 35 days if served outside the state (Colorado Judicial Branch, JDF 600)
6. Exchanging information	Both sides share records and may take sworn testimony.	How many witnesses and records are involved?
7. Settlement talks or trial	The case can settle, or it can go to trial	The court’s schedule and whether the two sides can agree

A lawyer can tell you which stage your case is in and what’s likely to come next.

Colorado Deadlines That Keep Running While You Recover

This is the part to read carefully. Colorado’s filing deadlines don’t pause just because you’re still in treatment.

Situation	General Colorado rule
Tort claims in general	Generally two years after the claim accrues (C.R.S. 13-80-102(1)(a))
Bodily injury from the use or operation of a motor vehicle	Generally three years (C.R.S. 13-80-101(1)(n))
A claim against a public entity or its employee on the job	Written notice within 182 days after you discover the injury (C.R.S. 24-10-109(1))

The three-year motor vehicle period doesn’t apply to strict liability or failure-to-warn claims, which generally stay at two years (C.R.S. 13-80-101(1)(n)(II)). The public entity notice rule applies “regardless of whether the person then knew all of the elements of a claim,” and missing it “shall forever bar” the claim (C.R.S. 24-10-109(1)).

For more on these time limits, see our article on how long after an accident you can sue in Denver. Have a lawyer confirm the deadline for your situation.

When a brain injury leaves someone under a legal disability

Colorado has separate rules for a “person under disability,” which the statute defines as a minor under 18, “a mentally incompetent,” or “a person under other legal disability and who does not have a legal guardian” (C.R.S. 13-81-101(3)).

How the deadline runs depends on the facts:

• If a legal representative is in place when the claim arises or is appointed while the disability continues, the normal deadline generally applies, but the representative is allowed at least two years after the appointment to act (C.R.S. 13-81-103(1)(a)).
• If the disability ends before the normal deadline runs out and no representative is appointed, the person may act within the normal deadline or within two years after the disability ends, whichever is later (C.R.S. 13-81-103(1)(c)).

These rules are technical. Don’t assume a brain injury gives you more time. Ask a lawyer to look at your dates.

What You Can Do Now to Keep Things Moving

You can’t speed up your recovery, but a few steps now can keep your claim from stalling later.

1. Keep every appointment and follow your doctors’ advice. Your treatment records are the clearest picture of how the injury is affecting you.
2. Keep a simple symptom journal. Write down headaches, memory lapses, sleep problems, and mood changes, with dates.
3. Ask someone close to you to help. The CDC notes that problems “may be overlooked by the person with a mild TBI or concussion, their family members, or their healthcare provider” (CDC). A spouse, parent or friend can note changes you might miss.
4. Save your bills and records of missed work. Pay stubs, letters from your employer, and receipts all help show what the injury has cost.
5. Keep the crash or incident details in one place. That includes the police report number, photos, names of witnesses, and insurance letters.
6. Talk to a lawyer before you sign a release or give a recorded statement to the other side’s insurer.
7. Write down the date you were hurt and the date you first noticed symptoms, and share both with your lawyer.

How We Approach a Denver Brain Injury Case

When you reach out, we start with your medical records and a timeline of what happened and when. We look at who may be responsible, which insurers are involved,, and which deadlines apply. Then we explain, in plain words, where your case stands.

Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA). CGH Injury Lawyers, formerly Cheney Galluzzi & Howard, was founded in Denver in 2016 and prepares each case as if it will be tried. If Spanish is your first language, you can reach us at (303) 835-9177.

You can learn more about working with a Denver brain injury lawyer on our practice page.

Talk to a Denver Traumatic Brain Injury Lawyer

If you’re living with a brain injury and wondering what comes next, a Denver traumatic brain injury lawyer can look at your records, your deadlines, and the stage your claim is in. Call (303) 209-9395 or use our contact page for the Denver office to tell us what happened.

Frequently Asked Questions

Written by CGH Injury Lawyers.

Last reviewed: September 21, 2026.

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