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 a brain injury claim allows victims to receive the compensation they need to cover medical expenses, lost wages, and other damages. However, understanding the timeline for a brain injury claim can be complex due to various factors influencing its duration.

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

 

Factors Affecting the Duration of a Brain Injury Claim

Brain Injury Claim

The time it takes to resolve a brain injury claim can vary significantly. Several key factors influence this timeline.

Severity of the Injury

Severe brain injuries require longer medical treatments and extensive rehabilitation, which prolongs the claim process. Insurance companies also take more time evaluating these claims due to the higher compensation amounts involved.

Complexity of the Case

Complex cases with multiple parties or disputed liability take longer to resolve. Brain injury claims often need expert testimony from medical professionals and accident reconstructionists to assess long-term financial impacts. More complex cases require more time to gather all relevant evidence and build a strong legal argument.

Availability of Medical Records and Evidence

Gathering comprehensive medical records and other evidence is time-consuming. Delays in receiving diagnostic test results, treatment records, or expert evaluations can extend the timeline.

Collecting accident reports, witness statements, and other documentation can also be time-intensive, especially if multiple healthcare providers are involved.

Cooperation from the Defendant(s) and Insurance Companies

The cooperation of the defendant(s) and their insurance companies greatly impacts the claim process duration.

Negotiations or litigation can lengthen if the defendant disputes liability or the insurance company contests the injury’s extent. Uncooperative insurance companies may also use delaying tactics to pressure claimants into accepting lower settlements.

Understanding the timeline for a brain injury claim helps manage expectations and clarifies the legal process. Here’s a breakdown of the key phases and a rough timeline:

Initial Steps: Filing a Claim and Gathering Evidence (0-6 Months)

  • Filing the Claim: File the claim immediately after the injury with the relevant insurance company or court.
  • Gathering Evidence: Collect necessary documentation over several months.
    • Medical Records: 1-3 months to gather comprehensive records and diagnostic test results.
    • Accident Reports: 1-2 months to obtain police reports or other official documentation.
    • Witness Statements: 1-2 months to collect and organize testimonies.

Negotiation Phase (6-12 Months)

  • Initial Negotiations: Begin once all evidence is compiled.
  • Length of Negotiations: Varies widely based on case complexity.
    • Simple Cases: May settle within 3-6 months.
    • Complex Cases: Can take 6-18 months, especially if liability is disputed or injuries are extensive.
    • Mediation: May facilitate settlement discussions, adding 1-3 months.

Trial Phase (1-3 Years)

If no agreement is reached, the process moves to trial, extending the timeline:

  • Pre-Trial Motions: Address legal issues before trial, lasting 1-3 months.
  • Discovery: Exchange information and evidence, taking 6-12 months.
  • Court Hearings: Schedule and attend hearings, which can add 3-6 months.
  • Trial Duration: Trials can last from several days to weeks.
  • Post-Trial Motions and Appeals: Filing motions or appeals can extend the timeline by several months or years.

Common Causes of Brain Injuries

Brain injuries can result from various incidents, each posing significant risks and requiring specific legal considerations. Knowing the common causes helps victims identify potential liabilities and pursue the appropriate legal pathways.

Auto Accidents

Auto accidents, including car, truck, motorcycle, and bus collisions, are major causes of brain injuries. Sudden impacts can cause the head to hit vehicle interiors, resulting in traumatic brain injuries (TBIs) like concussions or diffuse axonal injuries.

Falls

Falls, especially among the elderly and young children, are significant causes of brain injuries. Slip and fall incidents often happen due to hazardous conditions like wet floors, uneven surfaces, or poor lighting, leading to serious head trauma.

Sports Injuries

Contact sports such as football, hockey, and boxing carry high risks of brain injuries. Even non-contact sports like cycling or skateboarding can cause head injuries if safety measures are ignored. Repeated concussions in athletes have highlighted chronic traumatic encephalopathy (CTE), a degenerative brain condition.

Medical Malpractice

Medical errors, including surgical mistakes and anesthesia complications, can cause brain injuries. For example, lack of oxygen during surgery can lead to hypoxic or anoxic brain injury. Misdiagnosis or delayed treatment of strokes can also cause severe brain damage.

Assaults

Physical assaults and acts of violence often result in significant head injuries. Blunt force trauma from being hit with objects or fists can cause concussions or more severe brain injuries. These cases usually involve both criminal and civil legal proceedings.

Workplace Accidents

Certain occupations, especially in construction and manufacturing, have higher risks for brain injuries due to falls from heights, being struck by falling objects, or machinery accidents. Workers’ compensation claims and personal injury lawsuits may both be relevant here.

Challenges in Proving a Brain Injury Claim

Proving a brain injury claim presents several challenges. Work closely with legal and medical professionals to gather comprehensive evidence.

Gathering Evidence

You need detailed medical records, diagnostic tests (such as MRIs or CT scans), and expert opinions. This evidence establishes the injury’s extent and its impact on your life. Delays in obtaining these records can prolong the claims process.

Witness Statements

Eyewitness accounts provide crucial testimony to support your claim. Statements from family members or coworkers about changes in your behavior and abilities can also be valuable.

Expert Testimony

Medical experts, such as neurologists and neuropsychologists, offer authoritative opinions on the injury’s nature and prognosis. Their testimony can significantly influence your case by clarifying the extent of the damage and necessary future care.

Demonstrating Long-term Impact

Brain injuries often have long-term or permanent effects on cognitive and physical functions. Proving these impacts requires detailed documentation of ongoing symptoms, treatment needs, and how the injury affects your daily life and ability to work.

Dealing with Insurance Companies

Insurance companies may dispute the injury’s severity or the necessity of certain treatments. They might also challenge the causal link between the accident and the brain injury. An experienced attorney can navigate these disputes, advocating for fair compensation.

Importance of Reaching Maximum Medical Improvement (MMI)

Maximum Medical Improvement (MMI) constitutes a crucial milestone in a brain injury claim. MMI means the patient’s condition has stabilized, and no significant improvement is expected even with further medical treatment.

Explanation of MMI

MMI signifies that the patient’s medical condition has plateaued, meaning further recovery is unlikely. It does not mean the patient is fully recovered but that their condition is as good as it is likely to get.

You must reach MMI for several reasons:

  • Accurate Assessment: It allows for a precise evaluation of the injury’s long-term effects and future medical care.
  • Final Medical Report: Doctors can provide a comprehensive report detailing the injury’s extent and the prognosis for future treatment and recovery.
  • Settlement Negotiations: With a clear understanding of medical needs and limitations, both parties can negotiate a settlement that accurately reflects the injury’s impact on the victim’s life.

Impact on Assessing Long-Term Medical Needs and Compensation

Reaching MMI allows you to determine the full extent of medical and financial compensation needed.

Key considerations include:

  • Medical Expenses: You can accurately project future medical costs, including ongoing treatments, therapies, and possible surgeries.
  • Lost Wages and Earning Capacity: MMI helps assess the injury’s impact on the victim’s ability to work and earn a living, including past lost wages and future loss of earning capacity.
  • Pain and Suffering: A stable medical condition allows for a more precise calculation of non-economic damages like pain and suffering and loss of enjoyment of life.
  • Rehabilitation Needs: The extent and cost of rehabilitation, including physical therapy, occupational therapy, and any necessary adaptive equipment or home modifications, can be thoroughly evaluated.

Waiting until you reach MMI before finalizing a settlement allows your lawyer to consider all medical and financial needs, preventing premature or undervalued settlements.

However, this can also prolong the claims process, as reaching MMI can take months or even years, depending on the injury’s severity.

  • Patient Stability: Ensuring the victim’s condition is stable prevents future complications after a settlement is reached.
  • Accurate Compensation: It avoids underestimating the necessary compensation, ensuring adequate funds for future care.

Settling Out of Court vs. Going to Trial

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 its advantages and disadvantages, impacting the timeline, costs, and overall outcome of the case.

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 expenses and other costs.
  • Reduced Costs: Trials can be expensive due to legal fees, court costs, and expert witness fees. Settling out of court typically incurs fewer expenses, allowing the victim to retain more compensation.
  • Certainty and Control: Settlements provide a guaranteed outcome, avoiding the unpredictability of a jury verdict. Both parties have control over the settlement terms, which can result in a more satisfactory resolution.
  • Privacy: Court proceedings are public, which can expose personal and sensitive information. Settling out of court ensures that the details of the case and the settlement remain confidential.

Disadvantages of Settling Out of Court

Despite the benefits, settling out of court also has potential drawbacks:

  • Potentially Lower Compensation: Insurance companies may offer lower settlement amounts to avoid a trial’s costs. Victims may receive less compensation than they might have been awarded by a jury.
  • No Legal Precedent: Settlements do not establish legal precedents, which cases involving significant issues of public concern or widespread impact might.
  • Pressure to Settle: Insurance companies may pressure victims into settling quickly, possibly before they know the full extent of the injury. This can result in insufficient compensation for future medical needs.

Advantages of Going to Trial

Opting to take a brain injury claim to trial has its own set of advantages:

  • Possibility of Higher Compensation: Juries may award more damages, including punitive damages, especially in cases involving gross negligence or severe injuries.
  • Validation and Justice: A favorable jury verdict can provide a sense of justice and validation for the victim, holding the defendant publicly accountable for their actions.
  • Setting Legal Precedents: Trials can set legal precedents that may benefit other victims in similar situations, influencing future cases and potentially leading to broader changes in legal standards or practices.

Disadvantages of Going to Trial

However, going to trial also involves several risks and disadvantages:

  • Lengthy Process: Trials can take several years to conclude, prolonging the victim’s financial and emotional stress.
  • Higher Costs: The costs associated with going to trial, including attorney fees, expert witness fees, and court costs, can be substantial.
  • Uncertainty: Trial outcomes are unpredictable. Even with a strong case, trials do not guarantee a favorable verdict. Additionally, the appeals process can extend the timeline and create further uncertainty.

Why Steven A. Bagen & Associates, P.A.

When dealing with the aftermath of a brain injury, having the right legal representation can make all the difference. If you or a loved one has suffered a brain injury due to someone else’s negligence, don’t wait.

Contact personal injury lawyers at Steven A. Bagen & Associates, P.A. today for a free consultation at (800) 800-2575. Let our experienced team fight for the compensation you deserve.