TBI classification: the Glasgow Coma Scale
Medical teams classify a TBI using the Glasgow Coma Scale (GCS), a 15-point assessment recorded within hours of injury. Mild TBI scores 13 to 15 and is commonly called a concussion. Moderate TBI scores 9 to 12, often with visible abnormalities on imaging. Severe TBI scores 3 to 8, with extended unconsciousness and a high risk of permanent disability. Adjusters use the GCS score to minimize claim value. What matters legally is how the injury changed your ability to work and live, not the number written in the emergency room.
Filing deadline: C.R.S. 13-80-101(1)(n)
Colorado gives you three years from the date of a motor vehicle crash to file a personal injury lawsuit under C.R.S. 13-80-101(1)(n). Most other tort claims, including pedestrian and bicycle injury cases, carry a two-year deadline under C.R.S. 13-80-102(1)(a). Because TBI symptoms can emerge or intensify weeks after an accident, do not delay contacting an attorney while you are still treating. Waiting to see how you feel can forfeit rights you cannot get back.
Government entity claims: C.R.S. 24-10-109(1)
If your TBI happened because of a defective road, a signal malfunction, or a hazard maintained by the City of Wheat Ridge or CDOT, you must file a written notice of claim within 182 days of discovering the injury under C.R.S. 24-10-109(1). That 182-day clock runs from the date you discovered the injury, not necessarily the crash date. Miss the notice and the claim against the government entity is barred entirely, regardless of how strong the underlying facts are.
Comparative fault: C.R.S. 13-21-111
Colorado follows modified comparative negligence. You can recover compensation even if you were partly at fault for the crash that caused your TBI, as long as your share of fault is less than 50 percent. Your damages are reduced by your percentage of fault. If you are found 49 percent at fault, you still recover 51 percent of your damages. If you are found 50 percent or more at fault, you recover nothing. Insurers aggressively investigate crash victims to push their fault percentage above 49 percent and eliminate or reduce any recovery.
Non-economic damage cap: C.R.S. 13-21-102.5
Colorado caps non-economic damages such as pain and suffering at $1,500,000 for claims accruing on or after January 1, 2025. Two categories are not capped at all. First, economic damages including medical bills, lost wages, and life-care plan costs have no ceiling. Second, compensatory damages for physical impairment or disfigurement are also uncapped. In a severe TBI case with permanent cognitive or physical disability, the uncapped economic and impairment damages often represent the largest portion of any recovery.