How Long Does a Brain Injury Case Take to Settle?

“Is my lawyer taking too long to settle my case?”

Most people with a pending lawsuit ask this questions at least once as they wait for the funds they are entitled to. And we absolutely sympathize with victims who are faced with mounting medical bills, lost income from their job, and other financial woes. If you have a lawyer that’s handling your case, it’s only natural to suspect that they are the reason your case is yet to be settled.

In truth, there are lawyers out there who are not taking the right actions to resolve a traumatic brain injury lawsuit for their client. That means the victim is left without answers month after month, while dealing with a serious injury that impacts their life on a profound level. If you are in this situation, it’s essential to determine the actual cause of why it’s taking so long to obtain your payment from an accident claim.

Normandie Law Firm has a dedicated team of brain injury lawyers that can help you with any and all aspects of your lawsuit. We are happy to provide you with a free consultation, so contact us today and talk to an attorney with experience in traumatic brain injury accident cases.

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

Cases of traumatic brain injury caused by an accident can take anywhere from 12 months to 3 years before they are fully resolved. Overall, many of these lawsuits take around 18 months before a settlement is achieved. If your case has to be tried in court, getting paid for harm you suffered can take between 3 and 5years. The timeline for a brain injury claim is longer than the amount of time it takes to settle the average accident injury case. There are various reasons for why these cases take so long, and many of them are beyond your attorney’s control

So, what are some of the hurdles that you will need to overcome if you are waiting for a brain injury lawsuit to settle? Here are some examples that may apply in your situation:

• The available evidence (witness accounts, expert testimony, surveillance footage, etc.)
• How badly you are injured and whether you have other injuries in addition to TBI
• What treatments you will need, including long-term and lifetime care
• Your ability to recover from the injury and live an independent life
• The party or parties that are responsibility for the accident (split liability by more than one party adds additional complications)
• If your accident involves gross negligence (excessive or outrageous breach of duty)

Why is My Lawyer Taking So Long to Settle my Lawsuit?

During consultations at our law firm, this is a question that comes up quite often. To provide an accurate answer, there are many details that must be examined, which are specific to your own case. One issue that has nothing to do with your attorney is the fact that brain injuries tend to develop slowly over time. In short, it’s not an obvious injury, like burns on the skin or a bone fracture.

Once you are diagnosed with traumatic brain injury, it can take months or years to understand how your life is impacted in terms of your health and finances. For some people, an injury to the brain improves with the proper course of treatments. But others find that the injury gets worse, and as a result, they are left to suffer permanent health issues, like cognitive impairment and dementia.

By getting a full picture of how your brain injury impacts your life, your lawyer can figure out the right amount of compensation to ask for. This is the point where negotiations start with the other side, and it’s your lawyer’s job to bring you maximum payment in some of all of these categories:

• Current and future medical expenses
• Cost of modifying your home, hiring a home health aide, physical therapy, and other auxiliary services
• Payment for lost wages and lost earning potential
• Pain and suffering
• Emotional distress
• Property damage
• Loss of consortium
• Punitive damages
• Cost of hiring a lawyer

How Do I Know if My Lawyer is Taking Too Long to Settle my Brain Injury Case?

So, you now have an understanding of the complexities that are involved when it comes to the settlement process. But it’s still important to question your lawyer’s handling of your case and if there are problems that need to be addressed. After all, your lawyer can make or break your case in terms of your right to sue and recover the highest possible settlement.

Keep in mind that you can switch lawyers no matter how far along you are with your brain injury case. You can also fire your attorney for any reason, and there’s no specific amount of notice that you have to give them. Possible reasons to find a new traumatic brain injury lawyer include:

• Failure to communicate – lack of communication such as failure to answer phone calls and respond to emails in a timely manner is a red flag when it comes to a lawyer’s dedication to you as a client.
• Unethical conduct – behavior that is unprofessional or goes against the code of conduct established by the California State Bar is likely to put your case at risk.
• Constant disagreements – you won’t’ see eye to eye with your lawyer 100% of the time, but you should be in sync more often than not. If there are constant arguments over what to do, it may be time to find another legal representative.
• Lack of empathy – while your lawyer has clear boundaries they shouldn’t cross, they still have a duty to be compassionate and empathize with your struggles during the legal process.
• <Not having enough experience – your attorney is working hard to get results, but your case may not be going anywhere due to their lack of knowledge and experience.

Schedule a Free Second Opinion

At the end of the day, there are many unavoidable issues that get in the way of settling a TBI accident claim. For some people, their legal representative is at least part of the problem, and this is where finding a new lawyer may be the right course of action. But how can you be sure that firing your attorney for a brain injury case is in your best interest?

To help you make an informed choice, we provide free second opinion consultations for those with pending lawsuits. This is a private consultation that’s completely free of charge, with no obligation to transfer your case to our law firm. To schedule a second opinion with one of our legal experts, simply give us a call at your earliest convenience.

Zero Fee Guarantee

The Zero Fee Guarantee is our promise that you will pay nothing out of pocket for the cost of legal services. We provide you with free representation for the entire duration of your case. Once you receive your settlement check, a percentage of it is deducted to cover attorney’s fees. In the event you are not compensated from a traumatic brain injury lawsuit, you won’t receive any bills from us – guaranteed.

Our legal team looks forward to hearing from you, so contact our office for a free case review.

Other Pages on Our Website Related to This Topic
Can I Sue for Hypersomina Following Traumatic Brain Injury?
Can a Slip and Fall Result in Brain Injury?
Alzheimer’s Caused by Brain Injury after an Accident – Can I Sue?