Steven A. Bagen | July 3, 2024 | Personal Injury

Experience Lawyer for brain injury

Brain injuries are among the most severe and life-altering injuries one can sustain. Pursuing compensation through a personal injury claim or lawsuit allows victims to potentially recover compensation for accident-related medical expenses, lost wages, and other damages. However, understanding how long a brain injury claim takes to settle can be complex due to various factors influencing its duration.

If you or a loved one wants to file a traumatic brain injury claim, call a skilled brain injury lawyer at (800) 800-2575 for your free consultation. We’ll handle the legal complexities while you focus on recovering.

 

How Long Does It Take A Brain Injury Case To Settle?

Brain Injury Claim

Understanding what influences the process can help manage expectations and highlight how an experienced personal injury attorney can help ensure the process is efficient without sacrificing the compensation you might recover:

  • The severity of the injury: Severe traumatic brain injuries often require prolonged medical care, including surgeries, therapies, and ongoing treatment plans. This extended recovery timeline not only impacts the victim’s life but lengthens the claim process as medical providers and insurance companies evaluate the long-term costs.
  • Complexity of the case: Cases involving disputed liability, multiple defendants, or uncertain causes often take longer to resolve. Brain injury claims frequently require input from experts such as neurologists, accident reconstructionists, and financial analysts to determine how the injury will affect your future. Handling these complexities effectively can be challenging without experienced legal support.
  • Availability of medical records and evidence: Compiling comprehensive medical records, test results, and treatment reports is a time-consuming but critical part of the process. Delays in receiving documentation, especially when involving multiple providers, can slow things down. Lawyers can streamline this process by coordinating with medical professionals and gathering all necessary records promptly.
  • Cooperation from defendants and insurance companies: Settlement discussions can become drawn out if the defendant disputes fault or if the insurance companies minimize or challenge the extent of the injury. Some insurers may even use stalling tactics to push victims into accepting unfair settlements. A skilled attorney can push back against these delays and advocate for a fair outcome.

Each brain injury case is unique, and while some may reach settlements within months, others could take years to resolve. By having an experienced personal injury lawyer handle the complexities and complications, you can focus on your recovery while they work to secure the compensation you need.

What Is The Legal Process For TBI Cases?

No two brain injury claims follow the same timeline. The process depends on numerous variables, including the injury’s severity, the case’s complexity, and how quickly evidence is gathered or disputes are resolved. Below, we outline the potential phases of a brain injury claim to give you a clearer picture of what to expect. Keep in mind that delays, especially without legal support, can extend the process.

Filing the Claim and Compiling Evidence

The process begins with filing a claim as soon as possible after the injury. During this phase, victims or their representatives gather crucial documentation, such as medical records, accident reports, and witness statements. Without experienced legal help, this stage can take longer than expected due to delays in requests or incomplete records. Acting quickly and thoroughly at this stage can set the foundation for a smoother claim process.

Negotiating a Settlement

Once evidence is compiled, negotiations with the at-fault party’s insurance company or legal team typically begin. Simple cases with minimal disputes over liability can sometimes be resolved quickly. However, more complex cases involving severe brain injuries, prolonged treatment plans, or contested liability may take over a year to negotiate. Insurance companies may intentionally delay settlement offers, underscoring the importance of having an advocate to keep the process moving.

Proceeding to Trial if Necessary

If negotiations fail to lead to a fair settlement, the claim may advance to trial. This phase introduces several additional steps, such as pre-trial motions, discovery, and court hearings. The court schedule and the depth of the case can significantly extend this timeline. Trials may last weeks; post-trial motions or appeals can add months or even years. This stage highlights why many victims seek resolution through experienced legal guidance to avoid unnecessary delays.

Common Causes of Brain Injuries and the Challenges They Present

Brain injuries can impact every aspect of life, from cognitive abilities to physical independence, and often require extensive medical care and evidence to pursue compensation. The cause of the brain injury often shapes what challenges victims face when navigating the legal process. Below are the common scenarios that lead to brain injuries and the hurdles victims usually encounter when pursuing claims.

Auto Accidents

Auto accidents, including car, truck, and motorcycle collisions, are one of the leading causes of traumatic brain injuries (TBIs). The sudden force from an impact can result in concussions, skull fractures, or more severe injuries like diffuse axonal injuries.

Delayed symptoms often complicate claims stemming from brain injuries in auto accidents. Victims may not realize the full extent of their injury until weeks after the collision, slowing diagnosis and treatment.

Additionally, insurance companies frequently dispute liability or downplay the long-term effects of TBIs to limit payouts. Partnering with an experienced car accident lawyer may become crucial to securing fair compensation and pushing back against these tactics.

Falls

Whether from slipping on hazardous surfaces or falling from heights, brain injuries caused by falls are especially common among the elderly and children. These accidents can occur in workplaces, homes, or public spaces.

Proving liability in slip-and-fall cases can be difficult. Property owners often claim victims were careless or simply refuse to take responsibility for hazards. Additionally, obtaining evidence like detailed medical records or photos of the accident scene requires swift action, which many victims may not prioritize while focusing on recovery.

Sports Injuries

Contact sports like football and boxing and activities like cycling or skateboarding pose significant risks for brain injuries. Repeated head trauma has been linked to serious conditions like chronic traumatic encephalopathy (CTE).

One significant hurdle is demonstrating negligence that led to the injury, such as insufficient safety precautions or faulty protective gear. Victims may also struggle to prove the connection between repeated head injuries and long-term damage, especially in cases involving pre-existing conditions or multiple traumatic events.

Expert testimony and thorough analysis play a pivotal role in overcoming these obstacles.

Assaults

Acts of violence, such as being struck with an object or suffering blunt force trauma in a fight, frequently lead to brain injuries. These situations often involve both criminal and civil cases.

Proving negligence or intent is vital in assault cases, but navigating both criminal proceedings and personal injury claims simultaneously can be overwhelming. Victims may also face pressure to settle early with insurers representing the aggressor, potentially leaving significant compensation untapped.

A skilled legal advocate can guide victims through both processes and secure the restitution they deserve.

Workplace Accidents

Industries like construction and manufacturing expose workers to risks of falling from heights, being hit by heavy objects, or equipment-related injuries, which can result in TBIs.

Balancing workers’ compensation claims with potential third-party liability claims often complicates workplace accident cases. Employers or insurers may attempt to minimize the severity of injuries to save money, while evidence like safety reports, eyewitness accounts, and maintenance logs may be hard to access without legal intervention.

Every brain injury case comes with its unique set of challenges, but victims should not have to face them alone. Working with an experienced attorney ensures these obstacles are addressed effectively, giving you the best chance to receive compensation in a timely manner.

How Does MMI Affect the Timeline to Settle Brain Injury Claims?

Reaching Maximum Medical Improvement (MMI) is a pivotal moment in any personal injury case involving head trauma. MMI means your condition has stabilized to a point where no significant improvement is expected, even with continued treatment. While waiting to reach MMI can extend the settlement process, it plays a crucial role in ensuring that your claim values the long-term impact of your injury accurately.

Why Reaching MMI Is Critical

MMI isn’t about being fully healed; it’s about your condition plateauing so that doctors can assess the full extent of your injury. This stability is necessary for your legal team to represent your needs effectively. Reaching MMI provides several key benefits, including:

  • Accurate medical assessment: Doctors can provide a detailed, final report outlining your injury’s severity, prognosis, and ongoing needs. This ensures your case captures the true cost of your current and future medical care expenses.
  • Clarity for negotiations: With a clear understanding of your medical limitations and required treatments, settlement discussions can focus on a complete picture of your needs rather than estimations.
  • Long-term insight: Reaching MMI allows for an evaluation of how your injury affects your work, daily life, and future rehabilitation, forming the foundation for both economic and non-economic damage claims.

Without this clarity, you may unknowingly settle for less than what is needed to cover the long-term serious consequences of a traumatic brain injury. Critical areas influenced by reaching MMI include:

  • Medical costs: From rehabilitation to adaptive equipment and future surgeries, MMI ensures that projections for ongoing care are rooted in facts, not uncertainty.
  • Lost earnings: MMI clarifies past wages lost during recovery and how an injury diminishes one’s earning capacity going forward.
  • Pain and suffering: A stabilized condition helps to accurately assess non-economic damages such as pain and suffering which account for the emotional and psychological toll of living with a brain injury.

While Maximum Medical Improvement ensures you don’t underestimate your needs, the time it takes to reach this point can vary. More severe brain injuries may require months or even years of treatment before MMI is achieved, which can naturally extend the settlement timeline.

Working with a knowledgeable personal injury attorney can help manage common delays and prevent unnecessary complications related to:

  • Patient stability: Settling before reaching MMI risks overlooking future medical or rehabilitation costs. A lawyer ensures the timing works in your favor, even if the process takes longer.
  • Insurance challenges: Insurance companies may pressure you to settle quickly, long before your MMI status, to minimize payouts. An attorney can push back against these tactics and advocate for the patience necessary to recover the damages you deserve.

Settling a brain injury claim before reaching MMI can lead to regret later when unforeseen expenses arise. While waiting for MMI adds time to the process, it positions you for a fair settlement that reflects your true needs.

With the help of an experienced legal advocate, you can stay focused on your recovery while ensuring that your claim fully addresses the physical, financial, and emotional challenges caused by your injury.

Settling Out Of Court Vs. Going To Trial: What You Need To Know

Settlement newspaper headline on money

When pursuing a brain injury claim, one vital decision is whether to settle out of court or proceed to trial. Each option has advantages and disadvantages, impacting the case’s timeline, costs, and overall outcome.

Advantages Of Settling Out Of Court

Settling a brain injury claim out of court offers several benefits:

  • Time efficiency: Settlements generally resolve faster than trials. This helps victims cover medical treatment costs and other accident-related expenses before they become a significant burden.
  • Reduced costs: Trials can be expensive due to legal, court, and expert witness fees. Settling out of court typically incurs fewer expenses, allowing the victim to retain more compensation.
  • Certainty and control: Settlements offer a more controlled path toward maximum compensation. With the help of a lawyer who can aggressively negotiate for your rights and combat tactics that diminish compensation you may see a favorable outcome that helps put the tragedy behind you.
  • Privacy: Court proceedings are public, which can expose personal and sensitive information. Settling out of court may better protect your privacy regarding accident circumstances, injury severity, and settlement amount.

Settlements aren’t without their drawbacks. Often, insurance companies apply pressure or push false narratives that can stall negotiations and cause a personal injury lawsuit in court to be necessary. Speaking with a lawyer can help you understand what options are available through negotiating a fair settlement so you can focus on what’s most important – your recovery.

Advantages Of Going To Trial

Opting to take a brain injury claim to trial has its own set of advantages, including but not limited to:

  • Possibility of higher compensation: A judge or jury may award higher compensation amounts, including punitive damages, especially in cases involving severe injuries or gross negligence claims.
  • Validation and justice: A favorable jury verdict can provide the victim a sense of justice and validation, holding the defendant publicly accountable for their actions.
  • Setting legal precedents: Trials can set legal precedents that may benefit other victims in similar situations, influence future cases, and potentially lead to broader changes in legal standards or practices.

Experienced legal professionals are always ready to litigate in court when the at-fault party or their insurance company is unwilling to play fair in settlement negotiations. Whether the option is right for you may become clearer during a free case evaluation with a reputable personal injury law firm.

Worried About Your Brain Injury Claim? Contact Bagen Law Accident Injury Lawyers, P.A. For A Free Case Review

Whether it’s a mild TBI, degenerative brain disease, closed head injury, or other type of head trauma caused by negligent actions, having the right legal representation can help you in the fight for maximum compensation.

Don’t let delayed timelines stand in the way of getting the justice you deserve. Learn how a brain injury lawyer at Bagen Law Accident Injury Lawyers, P.A.. can help you recover compensation as efficiently as possible by calling (800) 800-2575 or filling out our brief online form.