An insurer says your TBI is "just a concussion." Our attorneys in El Paso County cases have turned that same line inside out, documenting invisible damage that led to full compensation. Serving Colorado Springs from our Denver office.
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CGH Injury Lawyers
2701 Lawrence St., Suite 201
Denver, CO 80205
Serving Colorado Springs from our Denver office
(303) 209-9395Quick Summary: Colorado Springs Brain Injury Claims
You or a family member suffered a head injury in or near Colorado Springs. The hospital sent you home or discharged you quickly. Now weeks or months later you are dealing with constant headaches, memory gaps, mood swings, sensitivity to light, or an inability to concentrate at work. The imaging may show nothing. The insurance company is offering far less than your future medical needs.
This page is for crash victims, fall victims, and families of those hurt in El Paso County when the injury was someone else's fault. It covers the Colorado law that governs your claim, the local courts, hospitals, and road hazards that are relevant to your case, and how CGH Injury Lawyers builds the documentation that forces insurers to take invisible TBIs seriously.
We handle cases from across Colorado from our Denver office. Distance is not a barrier. Phone consultations, video meetings, and home visits for severely injured clients are all part of how we work.
Colorado courts and insurers rely on the Glasgow Coma Scale to classify TBI severity. Mild TBI carries a GCS of 13 to 15. Moderate TBI carries a GCS of 9 to 12. Severe TBI carries a GCS of 3 to 8. The grading matters because insurers use a low GCS at discharge to argue the injury could not be serious. Our attorneys counter with follow-on neuropsychological testing and imaging that catches abnormalities the ER missed.
Colorado limits non-economic damages -- pain, suffering, and emotional distress -- to $1,500,000 for claims accruing on or after January 1, 2025, under C.R.S. 13-21-102.5. That ceiling is significant, and reaching it requires documented proof of impact on every area of life. Physical impairment and disfigurement are separately recoverable and are NOT subject to the $1,500,000 cap under C.R.S. 13-21-102.5(5). A client with permanent motor or sensory deficits from a TBI can recover above the non-economic ceiling for those specific harms.
Colorado follows a modified comparative negligence rule under C.R.S. 13-21-111. If you share some fault for the crash, your recovery is reduced by your percentage of fault. If you are found to be 50 percent or more at fault, you recover nothing. Insurers routinely try to push fault onto injured people. Our attorneys gather evidence early -- police reports, traffic camera footage, black box data, and scene photographs -- to establish the other driver's predominant fault before the insurer frames the narrative.
For motor vehicle crashes, the statute of limitations in Colorado is three years from the date of the collision under C.R.S. 13-80-101(1)(n). For most other personal injury claims, the deadline is two years under C.R.S. 13-80-102(1)(a). Missing either deadline means losing the right to any recovery regardless of how clear the liability is.
If your TBI was caused by a city bus, a CDOT maintenance failure, or another government employee, the Colorado Governmental Immunity Act imposes a separate and much shorter requirement. Under C.R.S. 24-10-109(1), you must serve a written notice of claim within 182 days of discovering the injury. Failure to file this notice bars your entire claim, regardless of how clear the negligence is. Damages against government entities are also capped: $505,000 per person and $1,421,000 for a single incident for claims subject to the caps in effect January 1, 2026 through January 1, 2030, under C.R.S. 24-10-114(1)(b).
When a defendant's conduct was attended by circumstances of fraud, malice, or willful and wanton disregard for the safety of others, Colorado allows punitive damages under C.R.S. 13-21-102(1)(a). Punitive damages cannot exceed the amount of actual damages awarded. If the court finds that the misconduct continued during or after the lawsuit, punitive damages may be increased by the court to up to three times the actual damages under C.R.S. 13-21-102(3).
Most Colorado Springs personal injury cases are filed in El Paso County District Court at 270 South Tejon Street, Colorado Springs, CO 80903. This court handles civil cases with amounts in controversy over $25,000. Small claims and county court filings occur in the El Paso County Combined Courts at the same address. Knowing the local bench, its discovery preferences, and its scheduling orders is part of how we prepare every case.
UCHealth Memorial Hospital Central (1400 East Boulder Street, Colorado Springs) is a Level I Trauma Center serving El Paso County and the surrounding region. A Level I designation means the hospital provides the highest level of surgical care, neurosurgery, and rehabilitation 24 hours a day. Penrose Hospital (2222 North Nevada Avenue) is a Level II Trauma Center providing a second tier of emergency TBI care. Medical records from both facilities are central evidence in brain injury claims.
I-25 runs the length of Colorado Springs and is the most traveled corridor in El Paso County, averaging 130,000 vehicles per day through the Tejon interchange. Powers Boulevard (U.S. 24 Business) on the east side of the city is one of the most crash-dense arterials in Southern Colorado, with multiple signalized intersections recording repeated rear-end and left-turn collisions. Academy Boulevard and Platte Avenue also see high crash concentrations near shopping centers and interchange ramps. Elevation changes on I-25 near the Garden of the Gods Road exit create merge conflicts that contribute to rear-end crashes, a leading cause of TBI.
Colorado Springs is the second-largest city in Colorado with a population of approximately 478,000 residents (U.S. Census Bureau, 2020 Decennial Census). El Paso County records roughly 14,000 to 15,000 reportable traffic crashes per year according to Colorado Department of Transportation data. Crashes on I-25 and Powers Boulevard account for a disproportionate share of serious-injury collisions. The combination of high traffic volumes, merge points, and a large military population (Fort Carson, Peterson Space Force Base, Schriever Space Force Base, and the Air Force Academy all generate significant commuter traffic) produces a crash profile distinct from metro Denver.
We have turned down cases we did not believe in. We take the ones we are prepared to fight for.
Many TBIs show nothing on standard CT or MRI. We work with neuropsychologists and neuroradiologists who use functional imaging and detailed cognitive testing to create an objective record of brain damage that holds up in court and at the negotiating table.
On more than one case, the first offer from the insurer was a fraction of the documented future care cost. We rejected those offers, built the medical and economic record, and reached outcomes our clients could actually live on. If you want someone who will sign off on the fast offer, we are not the right firm for you.
Our attorneys include Super Lawyers and Rising Stars honorees and an ABOTA member with verified trial experience. Insurers track which firms are willing to try cases. When they know we mean it, the math on a fair settlement changes.
CGH attorneys hold leadership roles in the Colorado Trial Lawyers Association. That network gives our clients access to expert witnesses, litigation research, and litigation support that smaller practices cannot match on an El Paso County case.
You pay nothing upfront and nothing at all if we do not recover for you. That means we share the same financial interest in the outcome of your case.
You will know the name of your attorney on day one. You can reach them directly. CGH does not run a case-intake mill where you meet a senior partner once and work with a paralegal for two years.
If there is any chance of a head injury, go to UCHealth Memorial Central (Level I) or Penrose Hospital (Level II). Do not wait to see if symptoms resolve. Brain bleeds and intracranial pressure can worsen in hours. The medical records from your first visit are the foundation of your entire claim.
Photograph the scene, the vehicles, your visible injuries, and any road conditions. Collect the names and contact information of everyone who witnessed the crash. Write down your symptoms daily in a personal journal starting that night, before memory fades and before the other side claims you were fine.
The other driver's insurer will call quickly and ask for a recorded statement. You are not required to give one, and doing so almost always hurts your case. Politely decline and refer them to your attorney.
Gaps in treatment are used by defense counsel to argue you were not seriously injured. Follow every referral, attend every appointment, and keep records of every provider you see, every medication you take, and every symptom you report.
If a government vehicle, road defect, or public employee contributed to your crash, the 182-day notice deadline under the Colorado Governmental Immunity Act starts running from the date you discovered the injury. That window closes fast. Call us as soon as possible so we can identify all potential defendants and preserve your rights.
Standard CT and MRI miss most mild and moderate TBIs. Diffuse axonal injury, micro-hemorrhages, and metabolic disruptions require functional MRI, DTI tractography, or detailed neuropsychological battery to capture. We retain the specialists who perform those evaluations.
Colorado's eggshell plaintiff doctrine protects victims with pre-existing vulnerabilities. If the crash aggravated a prior condition, you are still entitled to compensation for the aggravation. We document your baseline before and your condition after to isolate the crash's contribution.
Under Colorado's modified comparative negligence rule, the insurer benefits if it can push your fault percentage to 50 percent or more, which bars your recovery entirely. We build the liability record from day one so the fault allocation favors you.
Delayed treatment is one of the most common arguments insurers make. We explain to juries how concussion symptoms are often masked by adrenaline in the immediate aftermath of a crash and why a delay in seeking care does not mean the injury was not severe.
Defense teams routinely collect social media posts to argue that injured plaintiffs look fine in photos. During your case, avoid posting about activities, travel, or physical pursuits, and consult your attorney before sharing anything online.
Most Colorado Springs TBI claims begin with the at-fault driver's liability policy. Colorado requires a minimum of $25,000 per person in bodily injury liability coverage, but severe TBI cases routinely exceed that amount by multiples. When the at-fault driver is underinsured or uninsured, your own uninsured/underinsured motorist (UM/UIM) coverage becomes the primary source of recovery.
When multiple vehicles, employers, or government entities are involved, separate policies may stack. Commercial trucking accidents, for example, may involve both the driver's personal policy and the carrier's commercial policy. A crash near Fort Carson involving a government vehicle may trigger the CGIA framework with its own notice requirements and damage caps.
Your health insurer may also assert a subrogation lien against your recovery. We negotiate those liens as part of the case to protect your net recovery.
"The insurer told me my TBI was minor based on the ER visit. CGH brought in a neuropsychologist, documented the cognitive gaps my employer was already seeing, and we recovered an amount the insurer said was impossible."
CGH Injury Lawyers client, El Paso County case
For motor vehicle crashes, the statute of limitations is three years from the date of the collision under C.R.S. 13-80-101(1)(n). For other personal injury claims, the deadline is generally two years under C.R.S. 13-80-102(1)(a). If a government entity is involved, a written notice of claim must be served within 182 days of discovering the injury under C.R.S. 24-10-109(1). Missing any of these deadlines eliminates your right to any recovery.
Yes. Standard CT imaging misses a large percentage of mild and moderate TBIs. Diffuse axonal injury, micro-hemorrhages, and disruptions in brain connectivity require specialized imaging and neuropsychological testing to detect. A normal ER scan does not mean you were not injured. It means the ER used a tool that was not designed to detect the type of injury you may have sustained. We work with specialists who have the tools and credentials to document the injury for court.
Colorado limits non-economic damages (pain, suffering, emotional distress) to $1,500,000 for claims accruing on or after January 1, 2025, under C.R.S. 13-21-102.5. Economic damages -- medical bills, lost wages, future care costs -- are not capped at all. Physical impairment and disfigurement are also NOT subject to the non-economic cap under C.R.S. 13-21-102.5(5). A client with permanent neurological deficits can recover for physical impairment above the $1.5M ceiling.
Yes, as long as your share of fault is less than 50 percent. Under Colorado's modified comparative negligence rule (C.R.S. 13-21-111), your recovery is reduced by your percentage of fault. If a jury finds you are 30 percent at fault and the other driver is 70 percent at fault, you recover 70 percent of your total damages. If you are found 50 percent or more at fault, you recover nothing. This is why early evidence gathering is critical -- the fault allocation is set largely by the evidence collected in the first weeks after a crash.
For severe head trauma, UCHealth Memorial Hospital Central at 1400 East Boulder Street is the regional Level I Trauma Center and offers the highest level of neurosurgical and trauma care around the clock. Penrose Hospital at 2222 North Nevada Avenue is a Level II Trauma Center and a strong second option for serious injuries. For any suspected head injury, do not wait to see if symptoms improve. Go immediately. The medical records from your first visit are the evidentiary foundation of your legal claim.
Colorado requires only $25,000 per person in minimum liability coverage, which is far below the cost of a serious TBI case. When the at-fault driver is underinsured or uninsured, your own UM/UIM coverage becomes the primary recovery source. We review every policy layer that might apply -- the at-fault driver's coverage, your UM/UIM policy, any umbrella coverage, employer policies if a company vehicle was involved, and commercial trucking policies if applicable.
You can pursue a claim under the Colorado Governmental Immunity Act. The CGIA requires serving a written notice of claim within 182 days of discovering the injury under C.R.S. 24-10-109(1). Damages are capped at $505,000 per person and $1,421,000 per incident for claims subject to the caps in effect January 1, 2026 through January 1, 2030 under C.R.S. 24-10-114(1)(b). Military installations under federal jurisdiction (Fort Carson itself, for example) operate under different federal rules. Call us immediately if any government vehicle or property was involved -- the 182-day clock starts fast.
Yes. We serve clients across Colorado from our single office at 2701 Lawrence St., Suite 201, Denver, CO 80205. We conduct phone and video consultations for Colorado Springs clients and can arrange in-person meetings when your condition makes travel to Denver difficult. Serving Colorado Springs from our Denver office is a standard part of our statewide practice. Distance does not affect the quality or attention your case receives.
All Colorado Springs practice areas and how CGH serves El Paso County injury victims.
Crash victims on I-25 and Powers Boulevard: how we build liability and document injuries.
Commercial carrier cases on I-25 through El Paso County: multiple policy layers, federal rules.
The full statewide TBI practice page: GCS grading, law, and our documentation approach.
Brain injury cases in metro Denver: Mile High courts, trauma centers, and highways.
When a TBI becomes fatal: survivor claims, estate claims, and Colorado wrongful death law.
Every day after a brain injury, evidence fades, witnesses move, and deadlines shorten. The sooner we start, the stronger your claim is when the insurer comes to the table. Free consultation. No fee unless we win.
CGH Injury Lawyers
2701 Lawrence St., Suite 201, Denver, CO 80205
Serving Colorado Springs from our Denver office
(303) 209-9395
Free consultations available by phone and video for Colorado Springs clients
