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


How Long Does it Take to Settle a Brain Injury Case sue liability lawyer attorney incident compensation

Why is my lawyer taking so long to settle my case?”

This is a question most claimants ask at least once during the legal process. We completely understand the frustration that clients face when they are waiting for payment from an accident claim, whether it’s for a car crash or a slip and fall at a store. Because your lawyer is in charge of handling all aspects of the claims process on your behalf, it’s natural to assume they are the problem whenever there are delays and interruptions in your case.

Unfortunately, there are lawyers who are not looking out for their client’s interests. As a result, you are nowhere closer to receiving the funds you deserve the victim of a brain injury. This affects not only you, but your family as well, which is why it’s important to figure out why your case is taking so long to settle.

Our law firm has decades of experience and a proven track record of timely resolutions for accident victims and their loved ones. Even if you have a lawyer already, our attorneys are happy to provide you with a free consultation if you have questions or concerns about a TBI accident claim.

How Long Does it Take to Settle a Brain Injury Case
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Head Injury
How Long Does a Brain Injury Lawsuit Take to Settle?

Lawsuits where the victim suffered traumatic brain injury from an accident can take between 12 months and 3 years to settle. However, we would say that many of these cases take around 18 months, and up to several years if going to trial is the only option. Overall, claims for injuries to the brain take longer to settle compared to the average accident case, and this is due to a number of reasons that may or may not have anything to do with your attorney.

The truth is, there is no way to predict how long it takes to reach a settlement. This is true even in cases that appear relatively simple, as there are many issues that can come up during the legal process, which are beyond your attorney’s control.

That’s why knowing about the factors that impact the settlement timeline is essential to answering questions, like “Is my lawyer taking too long to settle my brain injury case?” With that in mind, here are some issues that that play a role in the amount of time it takes to reach a settlement:

  • The type and strength of evidence that’s available
  • The severity of your injury (or injuries)
  • The treatments that are required and will be required long-term or on a permanent basis
  • Whether you can work or live independently
  • Who is liable for the accident (is there more than one defendant?)
  • Was your accident caused by gross negligence (careless or reckless conduct of an excessive nature)
Why Does It Take So Long to Settle a Traumatic Brain Injury Case?

This is a question that comes up a lot during our consultations with clients who are diagnosed with a brain injury after an accident. Please keep in mind that an injury to the brain takes time to develop, meaning it’s not something you can detect right away, like a broken bone or lacerations to the skin. In addition, it takes months, maybe even years to fully understand the impact of the injury on your health, mental state, and finances. We know that some of these injuries improve over time with proper medical treatments, but others get worse and lead to chronic health problems and cognitive impairment.

Taking the time to get the full picture of how a brain injury affects your life is essential to figuring out the right amount of compensation to ask for. That’s why lawyers generally dissuade you from taking the insurance company’s first offer, as it’s usually the lowest they can get away with. Your lawyer, on the other hand, is in charge of getting you maximum payment for your injuries.

Those who are forced to live with a traumatic brain injury caused by an accident are entitled to compensation, which may include some or all of these damages:

  • Medical expenses, including future medical costs
  • Cost of at-home care and modifications to the victim’s residence and/or vehicle
  • Cost of physical therapy, mental health counseling, and other ongoing services
  • Value of lost wages and loss of earning potential
  • Emotional distress
  • Pain and suffering
  • Loss of consortium
  • Property damage
  • Punitive damages
  • Legal fees
How Do I Know if My Lawyer is Taking Too Long to Settle my Brain Injury Case?

Now that you understand how complex these lawsuits can be, you are still left with the question about your lawyer’s involvement in your case. Are they really doing all they can to achieve a settlement, or have they forgotten about my case altogether? We know all too well that a lawyer’s experience and commitment can make or break a case.

The good news is, you can change your lawyer for a personal injury case at any time, for any reason. So, you always have the option of finding a new traumatic brain injury lawyer to take over your case. Below are some reasons to fire your lawyer if you have an existing brain injury lawsuit:

  • Lack of communication – failing to respond to a client in a timely manner or not providing clear and detailed answers
  • Unethical behavior – acting in a manner that goes against the code of professional conduct, like not telling a client about a settlement offer or pressuring them into a settlement or going to trial
  • Disagreement about the case – disagreements are bound to happen, but there are issues where you and your lawyer need to be in sync. Otherwise, it’s probably for the best that you find someone else to represent you
  • Lack of empathy – lack of compassion or understanding your feelings can cause repeated conflicts that hold up your case.
  • Lack of knowledge / experience – your lawyer may have the best of intentions, but all their time and effort won’t matter if they don’t have the experience to handle the issues in your case
How Long Does it Take to Settle a Brain Injury Case liability lawyer attorney compensation
Free Second Opinion Consultation

Ultimately, there are many reasons why personal injury lawsuits get “stuck” and take longer to settle than you would like. And yes, many of these clients suffer because of a lawyer’s lack of time, dedication, and/or experience. Of course, you want to be sure that this is the problem that’s holding up your claim. A second opinion from another lawyer is critical in this situation, and we are happy to offer this service to you completely free of charge.

All you have to do is contact us at your earliest convenience and schedule a free second opinion on your brain injury accident case.

Pay $0 Upfront to Hire a Traumatic Brain Injury Lawyer

DTLA Law Group has always operated under the Zero Fee Guarantee. This is a system where you can hire a personal injury lawyer right away and not pay a single penny upfront. Our fees are deducted from the payment you receive from a brain injury lawsuit, meaning we have to win your case in order to get paid. If we don’t secure a settlement or favorable jury verdict on your behalf, you won’t be responsible for any legal fees.

We invite you to contact us today and learn about your rights as a traumatic brain injury victim.


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