It takes anywhere from a couple of months to a few years for a brain injury claim to settle. After sustaining a brain-related injury, the first step you should take is to seek medical care for your injuries. That way, a professional can make sure you are safe.
From there, reach out to a Charlotte traumatic brain injury lawyer for legal advice on how to proceed. Your attorney can file a brain injury claim on your behalf and tell you how long it will take to settle your claim.
In the meantime, let’s look at general information regarding the duration of brain injury claim settlements.
What is a Brain Injury Claim?
A brain injury claim typically arises when someone sustains an injury to their head as a result of another person’s negligence or wrongdoing. These are common causes of brain injuries in personal injury cases:
- Car accidents
- Workplace accidents
- Slip and fall incidents
- Medical malpractice
When you suffer a brain injury due to an incident that was someone else’s fault, you may be entitled to compensation for the damages your injuries created. Here are examples of compensation opportunities you could pursue:
- Past, present, and future medical expenses
- Lost wages and loss of future income
- Pain and suffering
- Emotional distress
- Rehabilitation and therapy costs
The settlement you receive will depend on the details of your case. Your lawyer can advise you on what to expect as you move through the legal process.
For a free legal consultation, call (877) 333-1000
Factors that Affect the Duration of a Brain Injury Claim
The length of time it takes to settle a brain injury claim depends on several factors, from the severity of the injury to the complexity of the legal process. While some claims may be settled relatively quickly, others may take months or even years to resolve.
This is especially true in cases that involve serious injuries, impactful damages, and major disputes over liability. You won’t have to worry about proving who is liable—your Charlotte traumatic brain injury attorney will handle that.
However, you should still be aware of the factors that can influence how long it will take for your brain injury claim to settle. They can vary from case to case, and some might not even apply to your situation, but these elements might affect the timeline of your claim:
- The severity of your brain injury
- The process of gathering medical evidence to back your claims
- Determination of fault and establishing the liability of the at-fault party
- Negotiations with insurance providers in pursuit of fair settlement offers
- The availability of witness statements and professional testimonies
The Typical Timeline for a Brain Injury Claim
While the duration of your brain injury claim will vary based on the specific circumstances of your case, there are some general stages that many claims go through. Below is the typical timeline for a brain injury claim:
Consulting with a Lawyer and Filing the Claim
The first step in the process usually takes one to two weeks. It entails reaching out to a personal injury lawyer who has experience handling brain injury cases.
During the initial consultation, the lawyer will review the details of your case, assess the severity of your injury, and determine whether or not you have a valid claim. If you decide to proceed, your lawyer will file the claim and begin gathering evidence on your behalf.
Receiving Medical Treatment and Evaluations
This part of the process can take several weeks, if not months, to unfold. It involves seeking medical treatment and then undergoing diagnostic tests or evaluations. The length of time needed for treatment and evaluation will depend on the type of brain injury you have.
Investigating the Cause and Gathering Evidence
After the claim is filed, your lawyer will begin gathering evidence, including medical records, accident reports, witness statements, and expert testimony. This process can take a month or two—sometimes even three—especially if the investigation process involves multiple parties or requires professional assistance.
Negotiating with Insurance Companies
Once the evidence is collected, your lawyer will begin negotiating with the insurance company. Negotiations often take anywhere from one to six months. It all depends on how quickly the parties can agree on a fair settlement.
If the insurance company offers a low settlement, negotiations may be prolonged while your lawyer fights for your right to fair compensation.
Going to Trial, if Necessary
If negotiations fail and your case goes to trial, you could be looking at anywhere from six more months to a year. Trials can be lengthy, especially if professional testimonies are required. However, the majority of brain injury claims are settled without having to go to trial.
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Can I Expedite the Process?
While many aspects of a brain injury claim can take time, there are ways you can actively help expedite the process:
- Seek immediate medical attention: Visit a healthcare provider immediately to receive treatment and a diagnosis. This can help speed up the process of gathering medical evidence later on down the line.
- Provide accurate documentation: Make sure you provide your lawyer with all documents and evidence that are relevant to your case. These include—but are not limited to—medical records, accident reports, and witness statements.
- Follow your lawyer’s advice: Your lawyer will guide you through the process. At various points in time, your attorney might recommend that you take certain measures to expedite the claim further.
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Reach Out to a Charlotte Traumatic Brain Injury Attorney to Learn How Long Your Brain Injury Claim will Take to Settle
The process of settling a brain injury claim takes time, and various factors can either extend or shorten this timeline. While some claims are resolved within a few months, others can take much longer, particularly in cases involving severe brain injuries.
However, no matter the severity of your brain injury, DeMayo Law Offices is here to help. As Your North Carolina Law Firm™, we have more than 250 years of combined experience. Together, we have recovered over $1 billion in compensation for victims just like you.
We want to protect your rights, though we believe that a right without a remedy is just a suggestion™. That’s why we’ll work tirelessly to pursue compensation on your behalf. Contact our law firm today to learn more about us and what we can do to help you.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
