How Long Does a TBI Lawsuit Take?
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How Long Does a TBI Lawsuit Take?
One of the most common questions TBI victims ask is: how long does a brain injury case take? Generally, these TBI lawsuits can take anywhere from 12 months to three years to resolve depending on the complexity of the case and cooperation from the defendant and insurance company. Additionally, the time it takes for the victim to reach maximum medical improvement (MMI) can significantly delay the case, but for a good reason. This guide breaks down the timeline for a TBI lawsuit and the typical legal process involved. More about our brain injury attorneys here.
How Long Does a TBI Lawsuit Take?
After filing a TBI lawsuit, the court process may take 12 months to 3 years to reach a verdict. This period allows for pre-trial motions, gathering evidence, building the case, and further negotiations to reach a settlement. If the case goes to trial, it can take more weeks or months because of court schedules and potential appeals.
Below is the timeline for a typical TBI claim:
- Filing the Insurance Claim (0-6 Months): The claim is officially filed with the relevant insurer, and evidence collection begins.
- Investigation and Medical Review (2-12 Months): Attorneys compile medical records, expert testimonies, and evidence to establish liability and damages.
- Settlement Negotiations (6-18 Months): If liability is clear and damages are well-documented, settlement talks may resolve the case without litigation.
- Filing a Lawsuit (0- 2 Months): If settlement negotiations fail, the attorney files a lawsuit and may engage in pre-trial motions.
- Discovery Phase (6-12 Months): Both sides exchange information, conduct depositions, gather evidence, and request documents to build their respective cases.
- Mediation and Further Negotiations (Varies): Many claims are settled before trial through mediation, which is a faster and less expensive alternative to court.
- Trial and Possible Appeals (12-24 months): If the case proceeds to trial, it may take months to reach a verdict, with possible appeals further extending the process.
Sometimes it may be possible to settle without filing a lawsuit. For this, the victim should ensure they seek immediate medical treatment to properly document the injury and get proper treatment. They may then have a brain injury attorney assess the case. The attorney will conduct a thorough investigation, gathering medical records, accident reports, witness statements, and expert evaluations to build a strong case.
Once sufficient evidence is collected, the attorney calculates damages, considering medical expenses, lost wages, pain and suffering, and future care needs. When the victim reaches Maximum Medical Improvement (MMI) and the full extent of damages is known, the attorney sends a demand letter to the responsible party’s insurer, seeking a fair settlement. If the insurance company agrees to a satisfactory offer, litigation may not be necessary.
Why Does It Take Longer to Settle a Brain Injury Case?
TBI cases take longer than other personal injury claims primarily because of the complexity involved in evaluating both immediate and long-term damages. Some reasons for extended timelines include:
- Uncertain Medical Prognosis: Unlike fractures or soft tissue injuries, TBIs can have unpredictable long-term effects. Victims may experience cognitive decline, mental health issues, or require lifelong care, making it difficult to determine fair compensation early on.
- Insurance Disputes: Insurers often dispute the severity of the injury, the need for ongoing treatment, or even liability. These disputes require additional negotiations and evidence collection.
- Delays in Reaching Maximum Medical Improvement (MMI): A lawyer may wait until the victim reaches MMI before demanding a settlement to ensure all medical costs are accounted for.
- Litigation and Trial Proceedings: If the case goes to trial, it may take several years before a verdict is reached due to court schedules, discovery processes, and pre-trial motions.
Factors Affecting How Long A Traumatic Brain Injury Case Takes
The duration of a traumatic brain injury (TBI) case depends on the severity of the injury, case complexity, insurance company cooperation, legal proceedings, and the amount of compensation sought. Severe TBIs require longer medical assessments to determine long-term effects and necessary treatments, which can delay settlements. While cases involving multiple parties, disputed liability, or unclear causation require extensive investigations and expert testimonies, prolonging the process. Additionally, insurance companies often attempt to minimize payouts by disputing claims, leading to extended negotiations or litigation. High-value claims face additional scrutiny from insurers, adding to delays. Each of these factors contributes to why TBI cases often take months or even years to resolve.
Severity of the Injury
The more severe the TBI, the longer it takes to determine the full extent of damages. Medical professionals must assess whether the victim has reached Maximum Medical Improvement (MMI) before a settlement can be negotiated. For example, a victim with a mild concussion may recover within a few months, allowing for a faster resolution. However, in cases involving severe brain damage—such as those requiring surgeries, long-term rehabilitation, or causing cognitive impairments—determining the full impact may take years. If the victim is unable to walk, speak, or work as they once did, the claim must reflect the long-term financial and medical burdens.
Complexity of the Case
Cases involving multiple parties, disputed liability, or unclear causation take longer to resolve due to the need for expert testimonies and extensive evidence gathering. For instance, if a brain injury occurs in a multi-vehicle accident, determining who is liable may require accident reconstruction experts. Similarly, if a workplace accident results in a TBI, there may be multiple defendants, such as an employer, equipment manufacturer, or third-party contractor, making the legal process more intricate.
Insurance Company Cooperation
Some insurance companies willingly negotiate in good faith, while others delay proceedings, offer lowball settlements, or deny valid claims outright. Insurance companies often employ tactics to minimize payouts, such as arguing that the victim had pre-existing conditions or that the symptoms are exaggerated. For example, an insurer might claim that a victim’s memory loss or headaches are unrelated to the accident, requiring additional medical evaluations and testimony to counter such assertions. If the insurer refuses to settle, litigation becomes inevitable, extending the timeline significantly.
Legal Process and Court Schedules
If a settlement cannot be reached, the case may proceed to litigation, significantly extending the timeline due to court scheduling and pre-trial motions. Courts often have busy dockets, and scheduling a trial date can take months or even years. Furthermore, the discovery process—where both sides exchange evidence, depose witnesses, and build their cases—can take up to a year or more. Delays may also arise if the opposing party files motions to dismiss or disputes the admissibility of key evidence, further prolonging the case.
Amount of Compensation Sought
High-value claims tend to take longer as insurers scrutinize claims more rigorously to minimize payouts. If a victim is seeking millions of dollars in damages for future medical care, lost wages, and pain and suffering, the insurance company is more likely to challenge every aspect of the case. For example, in cases where the victim requires lifelong care, insurers often hire their own medical experts to downplay the severity of the injury. Extensive negotiations or even trial proceedings may be necessary to secure the compensation the victim deserves.
Why Are TBI Cases So Complicated?
One of the primary reasons TBI cases are difficult is the lack of visible evidence. Unlike a broken bone, which can be easily diagnosed through X-rays, a traumatic brain injury may not show up on standard imaging tests such as CT scans or MRIs. This allows insurance companies to dispute the severity of the injury or claim that the symptoms are unrelated to the accident. Additionally, the long-term effects of a TBI can take months or years to fully manifest, making it difficult to quantify damages accurately early in the case.
Another significant challenge is that insurance companies defend TBI cases more aggressively than other personal injury claims. Since these cases often involve substantial compensation due to long-term medical needs and lost earning potential, insurers are more likely to contest liability, downplay the severity of the injury, and deploy delaying tactics to pressure victims into accepting lower settlements. Without an attorney who has extensive experience in TBI litigation, victims risk being undercompensated.
Furthermore, handling a TBI case requires deep medical knowledge. Many personal injury attorneys lack the expertise needed to navigate these cases effectively. A lawyer representing a brain injury victim must understand not only legal principles but also complex medical concepts related to neurology, cognitive function, and rehabilitation. This level of expertise is acquired through years of education, trial experience, and collaboration with medical professionals. Attorneys without this background may settle TBI cases for far less than their true value simply because they are not prepared to take them to trial.
The cost of litigating a TBI case also adds to its complexity. Expert witnesses, such as neurologists, neuropsychologists, and life care planners, are often required to substantiate claims. These experts provide critical testimony regarding the victim’s condition, prognosis, and future medical needs. However, their involvement significantly increases litigation costs, making these cases more expensive and time-consuming to pursue.
The success of a TBI case largely depends on the plaintiff’s attorney. A skilled and experienced brain injury lawyer understands the insurance company’s defense strategies and knows how to counter them effectively. Without this level of preparedness, victims are at a significant disadvantage and may not receive the full compensation they deserve.
Patience Is Needed in a TBI Lawsuit
A traumatic brain injury (TBI) lawsuit requires patience, as these cases often take anywhere from 12 months to 3 years or more to resolve. While it may be tempting to rush toward a settlement, it’s best to wait until the victim reaches Maximum Medical Improvement (MMI) so that all current and future medical costs, lost wages, and long-term care needs are accounted for. By allowing the legal process to unfold patiently, victims can ensure that they receive full and fair compensation.
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