Who Can File a Catastrophic Injury Claim in Colorado?

Catastrophic injuries change lives in an instant. In Colorado Springs and throughout El Paso County, serious accidents involving traumatic brain injuries, spinal cord damage, and other permanent impairments often leave victims unable to work, care for themselves, or make important decisions.

When injuries are severe, one of the first legal questions families ask is, "Who can file a catastrophic injury claim in Colorado?" In some cases, the injured person can file the claim themselves. In others, a family member or legal representative may need to step in.

Understanding who has legal standing to pursue compensation is critical, especially when injuries affect cognitive ability, mobility, or long-term independence.

What Is Considered a Catastrophic Injury?

A catastrophic injury is one that results in long-term or permanent disability, significant impairment, or a profound impact on a person’s quality of life. These injuries often require extensive medical treatment, rehabilitation, and lifelong care.

Common examples include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries resulting in partial or complete paralysis
• Severe burns
• Amputations
• Multiple fractures with permanent complications

In Colorado Springs, catastrophic injuries frequently result from serious car accidents, trucking crashes on I-25, motorcycle collisions, workplace accidents, and falls.

Because these injuries often involve substantial medical costs and long-term losses, the right to file a claim must be handled carefully and strategically.

When Can an Injured Person File Their Own Claim?

In most personal injury cases, the injured individual files the claim directly. If a person is mentally competent and physically able to participate in legal proceedings, they have the right to pursue compensation against the responsible party.

This includes compensation for:

• Medical expenses
• Future medical care
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Home modifications and assistive devices

Even if a person has suffered a spinal cord injury or physical paralysis, they can still file a claim as long as they are legally competent to make decisions.

However, traumatic brain injuries can complicate matters.

What If the Victim Has a Severe Traumatic Brain Injury?

A severe TBI can impair memory, reasoning, communication, and decision-making. In some cases, the injured person may lack the legal capacity to manage their own affairs.

When this happens, a family member may need to seek legal authority to act on the injured person’s behalf.

In Colorado, this can involve:

• Appointment of a guardian
• Appointment of a conservator
• Acting under a valid power of attorney

A guardian is typically appointed to make personal and medical decisions. A conservator manages financial and legal matters. If no power of attorney exists and the person is incapacitated, the court may need to appoint a representative.

Once properly appointed, the guardian or conservator can file and manage a catastrophic injury claim on behalf of the injured person.

Can a Family Member Automatically File a Claim?

A spouse, parent, or adult child does not automatically have the right to file a personal injury claim for an injured adult unless they have legal authority.

If the injured person is a minor child, a parent or legal guardian may file the claim on the child’s behalf. Court approval is often required for settlement of significant claims involving minors.

If the injured person is an incapacitated adult, a court-appointed guardian or conservator is generally required unless there is already a valid power of attorney in place.

Because catastrophic injuries often involve substantial settlements, Colorado courts carefully review these arrangements to protect the injured person’s interests.

What About Loss of Consortium Claims?

In addition to the injured person’s claim, certain family members may have independent claims.

In Colorado, a spouse may bring a loss of consortium claim. This is a separate claim seeking compensation for the loss of companionship, affection, and marital relationship resulting from the catastrophic injury.

For example, if a spinal cord injury results in permanent disability that alters the marital relationship, the uninjured spouse may pursue damages for that loss.

These claims are closely tied to the underlying injury case but are legally distinct.

What If the Injured Person Later Dies?

While this article focuses on catastrophic injuries rather than wrongful death, it is important to understand that if a severely injured person later dies as a result of their injuries, the legal claim may change.

Colorado law allows certain family members to pursue wrongful death claims under specific rules. Additionally, the injured person’s estate may pursue survival claims for damages incurred before death.

Because these situations involve strict statutory guidelines, legal counsel is essential.

The Importance of Acting Quickly

Colorado law imposes strict deadlines for filing personal injury claims. In most cases, you have two years from the date of the injury to file a lawsuit. However, certain cases, including motor vehicle accidents, may have different deadlines.

When a catastrophic injury involves cognitive impairment or long-term incapacity, determining who has authority to act can take time. Court proceedings for guardianship or conservatorship may also take weeks or months.

Delays can jeopardize important evidence, including accident scene documentation, witness statements, and medical evaluations.

Protecting the Rights of Catastrophically Injured Victims in Colorado Springs

Catastrophic injury cases involving TBIs and spinal cord injuries require more than basic personal injury representation. These claims often involve life care planning experts, medical specialists, vocational economists, and long-term damage assessments.

At Pribila and Fields, we represent individuals and families facing life-altering injuries in Colorado Springs and throughout Southern Colorado. Our firm handles complex catastrophic injury cases in Colorado Springs involving traumatic brain injuries, spinal cord damage, and other severe impairments.

If you or a loved one has suffered a catastrophic injury and you are unsure who has the right to file a claim, we can help you understand your legal options. Whether the injured person can file directly or a family member must step in, it is important to act quickly and strategically.

The financial and emotional impact of a catastrophic injury can be overwhelming. You do not have to face it alone. Contact us to schedule a consultation and learn how we can help protect your family’s future.