How Long Does It Take to Settle a Brain Injury Case?
Annually, about 2.5 million people sustain a traumatic brain injury (TBI), according to statistics from the Brain Trauma Foundation. Some TBI victims are able to make a full recovery with time, while others are left with life-altering conditions. A brain injury can affect victims both mentally and physically, sadly robbing them of the ability to care for themselves and their families.
At Phillips Law Group, we understand that a traumatic brain injury affects not only victims but their families as well. Family members may be left with the challenging task of caring for their loved ones, advocating for their right to proper medical treatment, and handling the family’s finances.
Our law firm understands how important money can be when you are faced with medical bills and a sudden loss of income. If you or your loved one suffered a brain injury due to someone else’s negligence, our compassionate legal team can analyze your case and help you determine whether you have the right to receive compensation.
What is a Traumatic Brain Injury?
A traumatic brain injury can be defined as an injury to the brain caused by trauma to the head. Such an injury could be the result of a violent blow or jolt to the head. An object that goes through the brain tissue, such as a bullet or shattered piece of skull, can also cause a TBI.
The signs and symptoms of a brain injury can range from mild to severe. Common symptoms of a TBI include:
- Slurred speech
- Loss of balance
- Memory or concentration problems
- Limited mobility
A traumatic brain injury can leave victims scared and unsure of what steps to take next. You may have lost your independence and require 24-hour care. A traumatic brain injury lawyer can help ensure that you get the financial and medical care you need.
How a Traumatic Brain Injury Lawyer Can Help
Even a brain injury that is considered “mild” can result in a victim enduring years of cognitive and physical therapy. A TBI may even prevent a person from being able to return to work, and the cost of ongoing medical care and treatment can be high.
Health insurance will only cover so many medical treatments. Brain injury victims and their families often have a difficult time being able to pay for their medical and living expenses after a serious accident. If you or your family member’s traumatic brain injury was the result of someone else’s actions, you should not have to pay the financial price for the harm done.
A traumatic brain injury lawyer can help you recover compensation for your medical bills and other losses suffered as a result of the accident. After taking on your case, we will conduct a full investigation into the cause of your injury and begin to build a solid claim on your behalf.
Steps that our legal team may take on your behalf include:
- Reviewing police reports
- Examining medical records
- Interviewing eyewitnesses
- Gathering evidence such as surveillance camera footage, photos from the accident scene, and more
- Consulting with medical experts to calculate the expected future medical costs you will incur
- Calculating the value of your claim
- Negotiating a just and fair settlement with the insurance company
- Taking your case to court if necessary to present before a judge and jury
Gathering Information About Your Accident and Injuries
When preparing your case, your personal injury attorney with Phillips Law Group will ask you questions about how your brain injury occurred. He or she may request information regarding what you were doing at the time of the accident when it occurred and what medical treatment you have received.
However, we understand that brain injury victims often suffer from memory loss, so do not worry if you cannot recall every detail of the incident. The important thing is being honest with your lawyer and providing him or her with as much information as you can about the accident and your injuries.
Factors That Determine How Long a Traumatic Brain Injury Case May Take
If you have decided to file a traumatic brain injury claim or lawsuit, you are likely wondering how long it will take to recover financial compensation. The honest answer is that every traumatic brain injury case is different, and the amount of time it takes for your case to settle will depend on your own unique situation.
Factors that play a part in determining how long a case will take are the following:
- The strength of the evidence gathered
- The extent of the injury
- Whether the TBI victim refused life-saving treatments
- Who is liable for the accident
- How many victims were injured in the accident
Negotiations and lawsuits involving traumatic brain injuries can go on longer than other personal injury cases. Brain injury cases tend to take between 18 months and 3 years to settle.
Why Does It Take So Long to Settle a Traumatic Brain Injury Case?
One reason why TBI cases take longer to settle is that it takes time to understand the effects of a brain injury fully. Some brain injuries will improve over time, but more often, they will worsen in the days and weeks following the accident.
Time allows a person and his or her family to get a better picture of how a brain injury is going to affect the victim’s quality of life before accepting a settlement offer. A TBI can affect physical and cognitive functions and prevent that person from living an independent life. If a brain injury is life-altering, the awarded compensation should cover the full extent of the victim’s losses.
This could include compensation for:
- Medical bills
- Ongoing medical treatment
- At-home care
- Modifications to a victim’s home and/or vehicle
- Loss of income
- Career training
- Pain and suffering
- Loss of enjoyment
- Loss of consortium
Traumatic brain injuries are sometimes life-threatening. In some tragic situations, a victim may die from his or her injuries before the case is settled. This will change how the case is resolved, as it transitions from being a traumatic brain injury case to a wrongful death claim.
Contact a Traumatic Brain Injury Lawyer Today
Have you or someone you loved been injured in an accident that resulted in a traumatic brain injury? If so, a traumatic brain injury attorney with Phillips Law Group may be able to help you recover financial compensation for your losses. Our legal team can work to expedite your claim as quickly as possible while ensuring that you receive the maximum settlement amount you are entitled to.
If you have initiated a traumatic brain injury claim and feel that it is not settling fast enough, do not hesitate to give us a call. Our legal team will gladly review your case and offer legal advice. If we feel that we can get your traumatic brain injury case settled more quickly, we will advise you on how to proceed.
At Phillips Legal Group, we accept personal injury cases on contingency, which means you pay no upfront costs or fees. We only get paid if you are awarded a settlement.
Jasmine helped me so so much I want to thank her ! And also Aaron , i was always scared after an accident , knowing I would have to deal with lawyers but not here . Luckily I’ve only been in 3 accidents but this time it was fast and easy . And i received all the treatments I needed to help me recover ! Thank you Jasmine and Aaron!
Sophia H is a pleasure to work with! Thanks for all you do.
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