The amount of time it takes to settle a brain injury case varies based on the case’s complexity, how clear liability is, and how severe the resulting injury is. Unfortunately, brain injuries are often severe, so rapid settlements are comparatively rare.
Since unique factors affect the answer to your question, you can get a more accurate time estimate from a Las Vegas traumatic brain injury lawyer. Meanwhile, we can explore some of the reasons why timeframes are so variable.
Determining Liability Can Present a Challenge
Sometimes, it is easy to see who is liable for causing a traumatic brain injury. Nevertheless, the correct answer is not always the obvious one. For example, a truck rear-ends your car, causing a brain injury.
This may seem to indicate that the truck driver or the company they work for is liable. However, if the accident was caused by the truck’s brakes failing, even more possibilities arise. A workshop may be liable, or if the part was faulty, its manufacturer may be to blame.
It may surprise you, but the example we used here is comparatively simple. Claiming a settlement from a party who is not liable is a recipe for failure and further delays. Your attorney must investigate the accident and pinpoint liable parties before they can file.
The Severity of Your Injury Affects How Long It Takes to Settle a Brain Injury Case
People often recover from a mild traumatic brain injury (TBI) in a few days or weeks. They may still have medical costs and lost wages that they should claim. However, because the damage is slight, the overall claim will be lower, and you may achieve a fair settlement quite quickly.
On the other hand, moderate and severe TBIs, and in rare cases, mild TBIs, can have lifelong consequences. This means you may be eligible to claim very substantial compensation. On the other hand, it can also mean that your case may take longer to settle. Large settlements are not usually granted without a fight.
Your settlement depends on your future needs. It may take doctors some time to determine what these will be, especially when brain injuries are severe. Your lawyers can still work on the case, but since they cannot yet file a comprehensive claim, you will have to wait for the scope of the injury to become apparent.
It Can Take Time For Doctors To Assess Your Future Needs
The time it takes for doctors to determine the ultimate outlook adds to how long it will take to settle a brain injury case. There are reasons why you require their input. You may have long-term medical expenses after a brain injury or be unable to work.
Since a lawyer will need medical evidence to determine how much to claim for you, we have to wait for the doctors. Your lawyer can put the time to good use, however. For instance, they can focus on investigation, evidence gathering, and strategizing.
Negotiations May Take Time
When your lawyer files suit, the defendant’s insurance company is notified. Note that how long an insurance company has to investigate a claim is usually about 90 days. After that, they are likely to question your lawyers about certain aspects. This is seldom a single round of questions and answers.
When you have a well-presented case and they are certain there is liability, they will then offer to settle. Since this is a process of negotiation, their first offer is rarely their best one. Another back-and-forth process follows until the insurance company is no longer willing to improve its offer.
If your lawyer is satisfied that a negotiated settlement is fair, they will advise you. However, when claims are large, it is often necessary to go to court. Although this adds time to how long it takes to settle a brain injury case, your lawyer will not advise it unless they think the wait will be worth your while.
Waiting For the Court Date to Arrive
Most state courts set trial dates within the first two years after the case is filed. However, this can depend on the county. As lawyers, we understand that waiting can be uncomfortable for you. We will advise you on the best settlement offer and the extent to which taking the case to court may benefit you.
By the time we file and begin negotiations, we will already have a well-prepared case. However, we cannot obtain a verdict any earlier than the justice system allows. We will have already argued our points with the relevant insurance company, but a judge will make an impartial decision.
After a judge determines your final settlement, there are no more arguments. The insurance company will pay out within a few weeks, and your lawyer will follow up if they are slow to settle the claim. The journey can seem very long, but if negotiated settlements are low, it can be worth waiting.
Negotiated Settlements Can Be Finalized More Quickly, But You Will Need a Lawyer to Advocate For You
If you were thinking of negotiating your own settlement, think again. Skilled negotiation and an understanding of how damages are calculated are needed to help you get the best settlement that insurance companies can offer. All of this goes into how long it can take to settle a brain injury case.
An experienced brain injury lawyer from H&P Law will know how to go about this. We have recovered over $100 million for our clients, and we want to help you earn what you need, too. Working with us can significantly increase your chances of getting a better settlement. Reach out now to get started.
