How Long Does a Brain Injury Claim Take

By Brain Injury Law of Seattle

brain injury lawsuit settlements

 

If you or a loved one has suffered a very severe traumatic brain injury due to someone else’s negligence, you may be entitled to compensation for your medical expenses, lost income, pain and suffering, and other damages. However, you may also wonder how long brain injury compensation claims take, and what factors can affect the duration of your case.

The answer is not simple, as every brain injury claim is different and depends on various circumstances. However, in this article, we will try to give you some general guidelines and information on what to expect from the process of pursuing a brain injury claim. Understanding the intricacies of a brain injury car accident settlement is essential for obtaining fair compensation for your medical bills and expenses, lost income, and other damages.

 

What Causes Brain Injuries and How Do They Affect the Victims

Understanding the nuances of brain injury claims is essential for those seeking compensation after a traumatic event. Brain injuries can be caused by various events, such as car accidents, falls, assaults, sports, explosions, and more. They can range from mild to severe, and affect different parts of the brain and its functions.

 

Some of the common symptoms and effects of traumatic brain injuries can include:

  • Headaches
  • Dizziness
  • Nausea
  • Memory loss
  • Confusion
  • Difficulty concentrating
  • Mood swings
  • Depression
  • Anxiety
  • Personality changes
  • Speech problems
  • Vision problems
  • Hearing problems
  • Balance problems
  • Coordination problems
  • Seizures
  • Coma
  • Death

Brain injuries can have a devastating impact on the victims and their families, as they can impair their ability to work, study, socialize, and enjoy life. They can also require extensive and costly medical treatment, rehabilitation, and care, which can put a financial strain on the victims and their loved ones. When seeking compensation for brain injury, understanding the factors influencing the fair settlement amount is important.

 

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Why You Should Seek Medical and Legal Help Immediately After a Brain Injury

If you have suffered a brain injury, the first thing you should do is seek medical attention as soon as possible. This is not only important for your health and recovery, but also for your legal claim. A prompt and thorough medical evaluation can help you document the extent and cause of your head injury yourself, and link it to the negligent act of the responsible party.

The second thing you should do is consult with an experienced brain injury lawyer as soon as possible. This is because there may be a time limit for filing a brain injury claim, depending on the state and type of case. For traumatic brain injury settlements for example, in Washington, you generally have three years from the date of the injury to file a personal injury lawsuit, but there may be exceptions and extensions depending on the circumstances.

A brain injury lawyer can help you protect your rights and interests, and guide you through the complex and challenging process of pursuing a brain injury claim. They can also help you gather and preserve evidence, prove liability, calculate damages, negotiate with insurance companies, and represent you in court if necessary.

 

What Are the Steps and Factors Involved in a Brain Injury Claim

Navigating a brain injury lawsuit settlement involves several key steps. The process of pursuing a brain injury claim can vary depending on the specifics of your personal injury case, but it generally involves the following steps and factors:

  • Investigation: This is where you and your lawyer collect and analyze the evidence to support your claim, such as medical records, police reports, witness statements, photos, videos, expert opinions, and more. This can help you establish the cause and extent of your injury, and the fault and responsibility of the other party.
  • Demand: This is where you and your lawyer make a formal demand to the other party or their insurance company, stating the amount of compensation you are seeking and the basis for your claim. This can help you initiate a settlement negotiation and show the strength of your case.
  • Negotiation: This is where you and your lawyer try to reach a fair and reasonable settlement with the other party or their insurance company, without going to trial. This can help you save time, money, and stress, and avoid the uncertainty and risks of litigation. However, if the other party or their insurance company refuses to offer a satisfactory settlement, or denies or disputes your claim, you may have to proceed to the next step.
  • Litigation: This is where you and your lawyer file a lawsuit in court and prepare for trial. This can involve various stages, such as discovery, motions, mediation, and trial. This can help you present your case to a judge or jury, and seek a verdict and judgment in your favor. However, this can also be a lengthy and costly process, and the outcome can be unpredictable and unfavorable.

 

The duration of a traumatic brain injury settlement claim can depend on many factors, such as:

  • The severity and complexity of your injury and its effects
  • The amount and quality of evidence and documentation you have
  • The liability and coverage of the other party and their insurance company
  • The willingness and cooperation of the other party and their insurance company to negotiate and settle
  • The availability and efficiency of the court system and the legal procedures
  • The skill and experience of your lawyer and the other party’s lawyer

 

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What Are the Examples and Ranges of Brain Injury Compensation Payouts and Settlements

The amount of compensation you can receive from a brain injury settlement can vary depending on the specifics of severe injuries in your case, but it generally consists of two types of damages: economic and non-economic.

 

Economic damages are the tangible and measurable losses you have incurred or will incur as a result of your injury, such as:

  • Medical expenses
  • Rehabilitation costs
  • Home care costs
  • Lost income
  • Reduced earning capacity
  • Property damage
  • Out-of-pocket expenses

 

Non-economic damages are the intangible and subjective losses you have suffered or will suffer as a result of your injury, such as:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium
  • Loss of reputation
  • Disfigurement
  • Disability

In some cases, you may also be entitled to punitive damages, which are meant to punish the other party for their gross negligence or intentional misconduct and deter them and others from similar behavior in the future without severe injury. However, punitive damages are rare and subject to limitations and restrictions in most states.

The examples and ranges of brain injury compensation payouts and settlements can vary widely depending on the severity of the traumatic brain injury case, the extent of the damages, and the jurisdiction of the case. However, here are some approximate figures based on some recent cases and statistics:

  • The average brain injury settlement in the US is about $1.4 million.
  • The median brain injury verdict in the US is about $2.6 million.
  • The highest brain injury verdict in the US is $150 million, awarded to a teenager who suffered a severe brain injury in a car accident caused by a defective seat belt.
  • The lowest brain injury verdict in the US is $0, awarded to a woman who suffered a mild brain injury in a slip and fall accident at a grocery store.

 

Why You Need an Experienced Brain Injury Lawyer to Handle Your Case

As you can see, pursuing a brain injury claim can be a complicated and lengthy process, involving many challenges and uncertainties. That is why you need an experienced brain injury lawyer to handle your brain injury case, and protect your best interests.

At Brain Injury Law of Seattle, we have the knowledge, skills, and resources to help you get the justice and compensation for traumatic brain injury you deserve. We have successfully represented many clients who have suffered brain injuries due to various causes, such as car accidents, falls, assaults, sports, explosions, and more.

We understand the physical, mental, and emotional impact of brain injuries, and how they can affect your life and your family. We will work with you to understand your needs and goals and tailor our medical care legal strategy to your specific case. Contact us today!