How Long Does It Take to Settle a Brain Injury Case?

If you or someone close to you has sustained a brain injury, you’re likely wondering, how long does it take to settle a brain injury case? The process of settling these cases can take time. Many brain injury claims involve medical and legal challenges that may extend the timeline. As reported by the National Library of Medicine, Traumatic Brain Injury (TBI) has affected 1.7 million individuals, including both young adults aged 15-19 and older adults aged 65 and above.

Brain injury claims aren’t like other personal injury claims. They involve intricate medical assessments and require detailed documentation. Factors such as the severity of the injury, the recovery process, and negotiations with the insurance company can all impact how long a case takes to settle.

In this article, we’ll break down the steps in a brain injury claim and discuss what may extend or shorten the timeframe for resolution. We’ll also cover why working with an experienced attorney can help ensure a fair settlement for the injury and support long-term recovery.

Understanding the Nature and Impact of Traumatic Brain Injuries

A Traumatic Brain Injury (TBI), as defined by medical experts, is a sudden damage to the brain caused by an external force. The causes of TBI can range from accidents, falls, or violent assaults.

Traumatic Brain Injury Symptoms

Traumatic Brain Injury (TBI) can manifest in a variety of symptoms, ranging from mild to severe, depending on the extent and location of the injury. Symptoms may appear immediately after the injury or develop over time. It’s important to note that symptoms can be subtle, and some individuals may not be aware of the extent of their injury. 

Common symptoms of traumatic brain injury include:

1. Physical Symptoms

• Headache
• Nausea or vomiting
• Fatigue or drowsiness
• Difficulty sleeping or sleeping more than usual
• Dizziness or loss of balance
• Sensitivity to light or noise
• Blurred vision or changes in vision

2. Cognitive Symptoms

• Memory problems
• Difficulty concentrating or paying attention
• Slowed thinking
• Confusion or disorientation
• Difficulty with problem-solving and decision-making

3. Emotional and Behavioral Symptoms

• Irritability or mood swings
• Anxiety or depression
• Changes in personality
• Agitation or aggression
• Impulsivity
• Social withdrawal

3. Communication and Language Symptoms

• Difficulty speaking or slurred speech
• Problems with comprehension
• Challenges in reading or writing

4. Sensory Symptoms

• Loss of taste or smell
• Ringing in the ears (tinnitus)
• Changes in hearing

5. Motor Skills and Coordination

• Weakness or paralysis
• Coordination problems
• Tremors or seizures

6. Sleep Disturbances

• Insomnia
• Excessive sleepiness
• Changes in sleep patterns

The Long-Term Impact of TBIs on Victims’ Lives

Beyond immediate symptoms, traumatic brain injuries can have long-term consequences on victims’ lives. These may include persistent physical impairments like difficulties with balance or coordination that need ongoing medical treatment.

In addition to physical challenges are mental health issues, which could manifest over time post-injury – anxiety disorders and depression being common among TBI victims. 

The Role of Brain Injury Attorney  in Brain Injury Cases

When someone suffers a brain injury, especially due to a car or motor vehicle accident, having legal representation can make a difference in the journey to recovery. Brain injury cases are often complicated, with many brain injury victims facing long-term impacts that require extensive medical treatment and ongoing care. For these individuals, handling a personal injury claim alone can be challenging.

A lawyer experienced in handling brain injury cases can guide the victim through the claims process, ensuring they receive fair compensation for their injuries. This compensation is critical in covering medical expenses, including necessary treatments that may last for years. Severe brain injuries, in particular, often demand: 

• Multiple therapies 
• Surgeries  
• Consistent care

Legal representation helps organize medical records, gather opinions, and build a case that accurately reflects the impact of the injury on the victim’s life. When an attorney represents a brain injury victim, they work to establish the full extent of damages—not just immediate costs but also long-term care costs and loss of income. They aim to secure funds to help the injured party reach maximum medical improvement, providing a measure of stability in an otherwise uncertain time.

For victims of a car accident or other motor vehicle accidents, a lawyer can also negotiate with insurance companies, which often push for lower settlements. Attorneys advocate for fair outcomes, ensuring that victims recover compensation that truly reflects their losses.

In brain injury cases, having the right legal support can provide a much-needed foundation for recovery, easing the financial burden and helping families focus on healing rather than worrying about expenses and legal hurdles.

Settlement Process and Timelines for Brain Injury Cases

According to Forbes, settling a personal injury case involves multiple stages, each contributing to the overall duration. It starts with gathering evidence, including medical records substantiating your claim and police reports from when the brain injury occurred.

Adhering to the state-specific statute of limitations, which ranges from one to six years, is essential to initiating a personal injury lawsuit. Timely action is also essential, especially if the injury involves a government entity with shorter filing deadlines.

Promptly securing legal representation and preparing the case is imperative to avoid exceeding the time limit, preserve evidence, and prevent witnesses from forgetting important details.

Settlements with insurance companies typically take less than a year, with an average duration of 11.2 months from injury to settlement award. If working with an attorney, the settlement is directed to them, often under a contingent fee arrangement, where they receive a percentage of the compensation contingent on a successful claim.

Factors affecting settlement duration

Settlement duration can be prolonged due to various factors. These include challenges in proving liability, disagreements among parties about accident details, and differing opinions on assessing damages. These challenges may extend the resolution period beyond expected timelines. Seeking advice from an experienced personal injury lawyer can provide insight into the potential duration of your case.

Gathering Evidence for Your Brain Injury Claim

Gathering evidence for a brain injury claim is necessary to support your case and establish the extent of the injury’s impact on your life. Here are steps you can take to gather evidence:

Medical Records

Collect all medical records related to your brain injury. This includes emergency room reports, hospital records, doctor’s notes, and diagnostic imaging results (CT scans, MRIs).

Ensure that the records detail the diagnosis, treatment received, and prognosis for your brain injury.

Treatment Documentation

Keep track of all medical treatments and therapies you’ve undergone for your brain injury, such as:

• Surgeries
• Medications
• Rehabilitation
• Therapy sessions

Document any prescription medications and their side effects.

Photographic Evidence

If applicable, photograph any visible injuries, such as cuts, bruises, or scars. Document the progression of physical symptoms if they change over time.

Witness Statements

Collect statements from witnesses who observed the accident or have noticed changes in your behavior or cognitive function since the incident.

Include contact information for each witness in case they need to be contacted later.

Employment Records

Gather records from your employer detailing any missed workdays, changes in job performance, or accommodations made due to your brain injury.

Obtain a statement from your employer describing the impact of the injury on your work.

The Role of Expert Testimony in TBI Cases

In many cases involving TBIs, expert input becomes indispensable. Based on their experience in similar situations, medical professionals can help explain the extent of injuries and predict future medical needs.

Vocational specialists may testify about job-related limitations post-injury. At the same time, life care planners can give insights into ongoing support or special accommodations needed due to permanent disability caused by the trauma.

Traumatic Brain Injury Lawyers, like us at Temple Injury Law, understand the importance of involving specialized personnel who know what’s best for you when negotiating settlement offers with insurance companies or presenting arguments during trial proceedings if necessary.

With meticulous evidence gathering, you put yourself in a stronger position to negotiate a fair settlement offer that truly reflects the losses suffered due to the TBI. At Temple Injury Law, we help guide this process and ensure no stone is left unturned.

Compensation for Traumatic Brain Injury Victims

Compensation for victims of traumatic brain injuries (TBI) can vary widely depending on the severity of the injury and the impact it has on the victim’s life.

The compensation is calculated based on the victim’s compensatory damages, including economic and non-economic damages. Economic damages include medical expenses, long-term care and rehabilitation bills, lifecare costs, medical devices, medication, lost wages, and funeral expenses3. Non-economic damages can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Economic vs Non-economic Losses in TBI Claims

The first step towards understanding potential compensation is distinguishing between economic and non-economic losses. Economic losses are straightforward—they include tangible costs like medical treatment, rehabilitation services or therapy sessions, missed work time due to recovery periods, and any necessary accommodations made at home due to new disabilities from the brain injury.

The tricky part often lies with quantifying non-economic damages—these encompass elements that don’t have a direct monetary value but still significantly affect victims’ lives.

Injuries leading to chronic pain or memory loss drastically reduce one’s quality of life. In some instances, wrongful death can result from TBI, causing immense grief and loss for family members. All these factors are considered when calculating a settlement offer.

Litigation in Brain Injury Cases

When a brain injury dispute is unresolved through out-of-court means, it progresses to a trial. This stage, often called litigation, is crucial but can be challenging for victims and their families. Let’s delve into the TBI litigation process.

1. The first step in any traumatic brain injury case involves filing a lawsuit against the responsible party or parties. 
2. Once this has been done, both sides begin discovery – gathering evidence and information about the incident that caused the brain injury. 
3. The length of TBI lawsuits varies depending on several factors, such as the challenges of the facts involved and the willingness of insurance companies to settle.

In many cases, attorneys may employ medical experts who specialize in TBIs to provide insight into how severe injuries occurred and their potential long-term impact on victims’ lives.

Your Partner in Efficiently Navigating Traumatic Brain Injury Cases 

The timeline for settling a brain injury case can vary based on the things involved. Factors such as the severity of the injury, legal processes, and negotiations contribute to the duration. At, an experienced personal injury lawyer in Las Vegas, is committed to handling the challenges efficiently. 

If you or a loved one has suffered a brain injury, don’t hesitate—schedule a consultation with us today. Let our team guide you through the legal process and help you receive the compensation you deserve.