If you have suffered a brain injury due to someone else’s negligent conduct and need monetary compensation, you will need to initiate an insurance or legal claim. Filing a brain injury claim is essential to get the money you need for your expenses, losses, and damages.
However, many victims diagnosed with brain injuries may be feeling frustration and despair because they do not understand where to start or what to expect. Specifically, they might not know how long brain injury claims take and how soon they can expect to receive a settlement check. This uncertainty can be difficult on top of the uncertainty of a complicated traumatic brain injury.
Below is a general timeline of brain injury claims, the factors that influence how long these claims take to resolve, and how hiring a San Jose brain injury attorney can expedite the process. Remember that every claim is different with a unique path through the legal system, though your injury attorney can give you a better idea of how long your case might take.
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When to File a Brain Injury Claim?
A brain injury claim is a legal action by someone who has suffered a brain injury due to another party’s negligence or intentional act. By filing this claim, you are seeking compensation for damages such as medical bills, loss of income, loss of earning capacity, diminished quality of life, pain and suffering, and other related costs.
Generally, the process begins with an insurance claim, but might require a lawsuit in civil court. it is best to file a claim as soon as your brain injury attorney has the necessary information and evidence, as there are time limits for court cases.
The statute of limitations is the deadline by law by which you must file your claim in court. Each state has its own statutes of limitations laws for personal injury claims. For example, in California, the statute of limitations is generally two years from the date of the injury. If the injury was not discovered immediately, it is one year from the date the injury was or should have been discovered.
However, there are some exceptions to this rule. If the claim is against a government entity, you must file an administrative claim within six months of the accident. For claims involving minors, the statute of limitations does not begin until the minor turns 18. Missing the statute of limitations can result in losing your right to compensation, so you must act promptly and consult a brain injury lawyer to ensure you meet all legal deadlines.
The Steps in a Brain Injury Claim
Understanding the vital steps in the process can clarify and help you know what to expect, including the claim’s approximate timeline. Here is a detailed breakdown of the typical stages involved in a brain injury claim:
- Initial consultation with a lawyer. First, you need to consult a lawyer who handles personal injury claims. They will evaluate your case to determine if you have a viable claim, explain your rights, and guide you on the best course of action. Approximate timeline: Consultations with a brain injury lawyer can take several hours or days to schedule, depending on your availability.
- Evidence gathering. Collecting evidence involves gathering medical records, witness statements, and other documentation supporting your brain injury claim. Approximate timeline: This should commence immediately and can continue for several months, depending on the case.
- Assessment of the brain injury and its impact on the victim’s life. Assessing the full extent of the brain injury is vital to understanding its long-term implications. Evaluating the injured individual’s current and future medical needs, therapies, and the impact on quality of life is essential. Approximate timeline: Weeks to months, as it involves thorough medical examinations and expert consultations.
- Calculation of the claim’s value. Based on the assessment, your lawyer will calculate an appropriate amount of compensation, including medical expenses, lost income, pain and suffering, and other relevant damages. Approximate timeline: This may take hours or days, depending on the availability of necessary documentation and records.
- Filing of the injury claim. Your lawyer will file the claim against the responsible party or their insurance company. This legal document details the nature of the claim and the compensation you are seeking. Approximate timeline: Filing a claim in and of itself will not take long – usually a day or two.
- Negotiations with the insurance company. During the negotiation phase, your lawyer will advocate for your interests and ensure that you do not settle for less than what your brain injury claim is worth. Approximate timeline: This phase can take a few weeks to several months.
- Settlement. If both parties agree on a settlement amount, the process can end here without going to trial. The compensation is paid out to cover the damages related to the injury. Approximate timeline: If a settlement is reached, the case can be resolved within weeks to months.
- Pre-trial. If a settlement is not reached, the case will move towards trial. Pre-trial processes involve further evidence gathering, discovery, and legal procedures to prepare for court. Approximate timeline: Several months to even years if the case is complex.
- Trial. Both parties present their evidence and arguments before a judge or jury during the trial. The trial can last for days or weeks, ending with a verdict that determines the outcome of the claim. Approximate timeline: This can be months to years, depending on court schedules and the case specifics.
Please note that these timelines are approximate and can vary significantly based on the specifics of each case, the court’s workload, your lawyer’s skills, the efficiency of negotiations, and other factors.
How Long Does a Brain Injury Claim Take?
When considering the duration of a brain injury claim, it is vital to understand that there is no one-size-fits-all answer. Several key factors can influence the length of the claim process:
Complexity of the Case
A brain injury’s complexity, the need for expert testimony, and the thoroughness of the required medical assessments can add time to the claim process. Establishing the full extent of the damages and the long-term prognosis can be time-consuming.
Severity of the Injury
Severe brain injuries may require extensive medical treatment and significant rehabilitation time, making it challenging to quickly assess the full extent of the victim’s needs and the appropriate compensation.
Response of the Defendant(s)
The willingness of the defendant(s) to negotiate and settle can impact the timeframe. If the defendant or their insurance company disputes the claim or liability, this can lead to longer negotiations or a trial.
Legal Proceedings
The legal process has several stages, including discovery, mediation, and possibly a trial, each of which can take several months or even years. If the case goes to trial, court schedules and all parties’ availability can extend the timeline further. While 97 percent of all tort claims are settled outside of court, three percent go to trial, which can prolong the process.
Claimant’s Medical Recovery
Brain injury attorneys may advise waiting until the claimant reaches maximum medical improvement (MMI) to assess the compensation needed better. This point is reached when the victim’s condition is stable and unlikely to improve.
While it is difficult to predict the exact timeline for a brain injury claim due to the aforementioned factors, the entire process for a brain injury claim can take anywhere from six months to several years.
Evidence to Prove a Brain Injury Claim
By presenting persuasive evidence from various sources, you can build a strong case and increase your chances of receiving fair compensation for your brain injury claim. For this purpose, you might need the following evidence:
- Imaging tests. One of the most irrefutable types of evidence in any brain injury case is imaging tests such as MRIs, CT scans, or X-rays. These tests can reveal brain damage, bleeding, or swelling that might not be apparent through a physical exam alone. Your doctor can review the results of these tests and use them to support your case.
- Brain diagrams or computer simulations. Another compelling form of evidence is a visual representation of your brain, such as a diagram or computer simulation. With the help of your doctor, you can create a detailed image of your brain before and after the accident to demonstrate the extent of your injury.
- Diagnostic tests. In addition to imaging tests, diagnostic tests, such as neuropsychological evaluations, can measure cognitive function, communication, processing speed, and other primary functions. These evaluations can provide objective data to support your claim and show how your brain injury has affected your ability to perform everyday tasks.
- Witness testimony from family members. If your brain injury has had a significant impact on your life, you may want to consider asking family members or close friends to testify on your behalf. They can discuss the changes they have seen in your behavior, abilities, and overall well-being following the accident, thus adding a human component to your case.
- Testimony from medical experts. Expert testimony can carry much weight in the courtroom and back up the other evidence you are presenting. Knowing doctors with brain injury experience can help present your case and improve your chances of winning.
- Medical records. Medical records offer undeniable evidence in a brain injury case. Your doctor’s records can demonstrate that your symptoms started immediately after your accident and have persisted since then, thus establishing a connection between the accident and the injury.
- Records of the accident. Records of the accident in which you suffered a brain injury may include police or accident reports, video recordings, and photos from the accident scene, all of which can help you prove the cause of your injury and the other party’s liability.
Remember: the more evidence you have, the shorter your brain injury case timeline may be. For this reason, it is in your best interest to build a solid case to expedite the claims process and obtain the compensation you need sooner.
How Hiring a Brain Injury Attorney Can Expedite the Claim Process
Seeking fair compensation can be lengthy and complex, but hiring an experienced lawyer can be the right decision during these trying times. Let’s explore the key benefits of working with a lawyer when handling your brain injury claim:
Experienced Legal Navigation
Navigating the legalities of your claim without a map – or worse, with the wrong map – can lead you down time-consuming dead ends. Lawyers bring experience in cutting through bureaucratic obstacles and streamlining the process. With years of training and experience, the right lawyer can maneuver through complex procedures swiftly, thus expediting the overall process. This experience reduces the risk of costly errors that can delay the proceedings or jeopardize the claim.
Maximizing Compensation Through Nuanced Understanding
Brain injuries, including concussions and severe trauma, can have subtle symptoms with substantial long-term implications. Lawyers in this field understand the nuances of brain injury claims and are well-versed in identifying and articulating the immediate and future needs of the victim.
Knowledgeable lawyers work diligently to ensure no stone is left unturned, which often leads to securing maximum compensation. With their knowledge, they can build a comprehensive claim that reflects the full spectrum of damages, from medical expenses to pain and suffering.
Handling Communication with Efficiency
Dealing with insurance companies and legal entities can be daunting for those without legal experience, and it can also be highly stressful. A lawyer can take this burden off your shoulders by handling all necessary communication. They know how to negotiate with insurance adjusters and advocate fiercely for your best interests.
This level of professional communication ensures that your case progresses without unnecessary delays or misunderstandings and that you are represented in the best possible light throughout the process.
Access to a Strong Supporting Network
Expert testimonies often bolster strong claims. Lawyers can access a network of medical and financial experts who can provide compelling testimony and support your brain injury claim. These professionals can demonstrate the extent of the injury, the anticipated long-term impacts, and the associated costs. A lawyer will effectively coordinate and present this expert evidence, adding credibility to the claim.
One of the most prominent benefits of hiring a personal injury lawyer for your brain injury claim is that you can dedicate your time and energy to your health and recovery while your lawyer takes care of the legal process as efficiently as possible.
