Brain injury claims require careful legal preparation due to the severity of the injuries and the long-term effects they may cause. Unlike minor injury cases that may be resolved quickly, traumatic brain injury (TBI) claims often involve substantial investigation and detailed documentation of medical and financial harm. For this reason, there is no standard timeline. The duration of a brain injury case depends on multiple factors tied to the case itself.
Although some cases resolve in under a year, many claims involving moderate to severe TBIs extend well beyond that, especially when future damages or permanent impairments are involved. It is, therefore, advisable to work with a brain injury lawyer to guide your pursuit of compensation that reflects the scope of your suffering.
If you are suffering a brain injury, read on to understand the key stages of the process and the potential timeline of your claim.
Steps Involved in Filing a Brain Injury Claim
The steps involved in a brain injury claim can help estimate the timeline associated with the claim process. Each stage involves distinct actions, all of which determine the overall duration of the claim. Usually, you can expect your claim to go through the following stages:
Initial Medical Stabilization and Diagnosis
The first and most time-consuming phase of a brain injury case often occurs before any legal claim is even filed. Brain injuries require a period of medical observation and testing to determine the extent and nature of the damage. In many cases, symptoms evolve gradually, and some impairments, such as memory loss, may not be observable immediately.
Attorneys are unlikely to move forward with settlement negotiations or formal litigation until you reach a point of maximum medical improvement (MMI). This means you have stabilized, and your future prognosis can be reasonably projected. Reaching MMI can take several months to over a year, depending on your recovery rate and the availability of specialized care.
Case Investigation and Documentation
Once you are medically stable, the legal process begins in earnest. At this stage, your brain injury attorney must gather and organize all relevant evidence to establish the following:
- How the injury occurred
- Who was legally at fault
- The full extent of economic losses
- The long-term impact of the injury on quality of life
This phase includes collecting police or incident reports, medical records, expert evaluations, witness statements, and—when necessary—video footage or other physical evidence. In TBI claims, neuropsychological testing and vocational assessments are frequently used to support non-economic and future damages. The more severe the injury, the more extensive the documentation required, which naturally extends the timeline.
Negotiations and Demand Package
Once the investigation is complete, your brain injury attorney submits a demand package to the liable party’s insurance company. This document outlines the facts of the case, the extent of the injuries, supporting evidence, and a detailed calculation of damages. In brain injury claims, this calculation must take into account:
- Past and future medical expenses
- Long-term care or rehabilitation needs
- Loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life
Insurers are permitted a reasonable amount of time to review and respond to a demand. In many cases, they request additional records or attempt to challenge the severity of the injury. This back-and-forth negotiation can span several weeks or months, depending on the cooperation of the insurer and the clarity of the evidence.
Some claims are settled during this stage. However, if liability is disputed or the insurer refuses to make a fair offer, litigation may become necessary.
Filing a Lawsuit and the Litigation Timeline
If the case cannot be resolved through negotiation, the next step is to launch a lawsuit. This process introduces new time considerations dictated by court schedules, procedural rules, and the conduct of the opposing party. The key stages of litigation include:
- Filing and response: The complaint is filed, and the defendant has a set number of days to respond.
- Discovery: Both parties exchange documents, conduct depositions, and submit expert reports. Discovery may take several months, especially in complex brain injury cases.
- Motions and hearings: Pretrial motions may be filed to resolve evidentiary issues or dismiss certain claims. These legal procedures often add to the timeline.
- Trial: If the case proceeds to trial, the scheduling depends heavily on the court’s docket. It is not uncommon for trial dates to be set a year or more after the lawsuit is filed.
During litigation, some cases are resolved through mediation or settlement conferences. Others proceed to trial, where a jury determines liability and awards damages.
Factors That May Extend or Shorten the Timeline
There are several details linked to your case that may influence the timeline of your claim. While every case is unique, the following factors are known to influence the duration of a brain injury claim:
- Severity of Injury: Severe or permanent brain injuries generally take longer to resolve due to the need for long-term medical evaluations and expert testimony. Minor TBIs with shorter recovery periods may allow for earlier resolution if liability is clear.
- Disputed Liability: When the defendant denies responsibility or multiple parties may share fault, the case tends to move more slowly. Proving liability often requires accident reconstruction experts or witness depositions, both of which require time and resources.
- Insurance Company Conduct: Some insurers delay the process by requesting redundant information or offering unreasonably low settlements. In these situations, litigation may be the only path to fair compensation, which extends the timeline.
- Jurisdiction and Court Backlog: Local court conditions play a role in how quickly cases progress. In some jurisdictions, civil trial dockets are backed up, leading to delays in hearing dates, motions, or jury trials.
- Settlement Willingness: The case may resolve quickly if the insurer offers a settlement that fairly reflects the injury’s impact and future needs. However, when parties remain far apart on the value of the claim, litigation is often required.
When handling a brain injury claim, however, you must anticipate variability and prepare for potential delays because of the many variables that come into play. Understandably, families affected by traumatic brain injuries want closure and financial relief as soon as possible.
However, don't rush to settle before the full extent of future damages is known, as it can leave you under-compensated and financially vulnerable in the years ahead. A well-prepared claim is far more likely to result in a settlement or verdict that provides long-term security, so it is advisable to engage a personal injury lawyer who can help manage the claims process.
Work With a Brain Injury Lawyer for Timely Resolution
The timeline for resolving a brain injury claim depends on the interplay of many factors during the process. Due to the severity of brain injuries, you are entitled to the full scope of your losses, delivered without undue delay. A personal injury attorney serving in Jacksonville can guide you in managing this process and strike the right balance in timing. They will ensure your claims process runs smoothly as you focus on recovery. Speak with a brain injury attorney to learn how they can support your brain injury claim and pursue appropriate compensation.