How long does a brain injury claim take?

by Gina Corena

posted in Las Vegas Personal Injury Attorneys on April 13, 2022

How long does a brain injury claim take?

Victims of accidents often have a number of questions regarding their options for resolving their claims. One of the more common questions is regarding the time it takes to settle a claim. This is a natural question, since while someone is out of work, they are getting a less amount of money to live on, creating financial challenges for their family.

Claims take time to process, negotiations commence after submission of an original claim, and settlements take time regardless of the type of injury someone has suffered. However, in the case of a brain injury claim, the process may take longer than with other injuries.

When a brain injury attorney works with a victim, they know when to file a claim, what evidence must be produced, and how to handle negotiating with insurers.

Submitting Claims in a Timely Manner

To avoid running out of time to file a claim for an injury, in most cases, it is prudent to make a claim well before the Nevada statutes of limitations is going to expire. However, in the case of a brain injury, filing too soon could impact whether or not a victim is fully compensated for their losses.

In most cases, before a brain injury claim is filed, the attorney working on a victim’s claim will wait for the following:

  • Evidence of negligence — witness statements, police reports when applicable, and surveillance footage when available will help an attorney reconstruct the accident which resulted in the brain injury.

  • Evidence of losses — a personal injury claim cannot be filed until the financial burden is known and associated with the injury. This would include medical treatment, lost wages, and other financial losses a victim suffers.

  • Health restoration — before submitting a claim, it is helpful to have a full prognosis from the health care team for the victim. This allows the attorney to ensure that they are able to calculate the full extent of wage losses and health care costs.

In the case of a brain injury, the victim’s health restoration may take time to resolve. Only after a doctor states the victim has reached a point where their health has stabilized would there be a determination as to how much more improvement may be realized. Only when this occurs would a personal injury attorney feel confident submitting a claim.

Brain Trauma is Unpredictable

Most traumatic brain injuries (TBI) occur as a result of slip and fall accidents, car accidents, or assaults. These injuries are unpredictable because there are several factors which can impact a victim’s recovery. Some of these include:

  • Victim’s age — the older a victim, the more time it may take to recover from a brain injury. In some cases, a victim may not fully recover.

  • Severity of trauma — TBIs can be mild to severe. Victims who have suffered a mild TBI may only require a few weeks of rest at home and may then be able to resume full normal activities. Others may require long-term care, including nursing care around the clock.

  • Health prior to accident — in many cases, the overall health of the victim prior to the accident which resulted in TBI will play a role in their recovery. Access to traumatic injury care will also play a role.

Working with a lawyer who has experience handling complicated claims is helpful when the victim has this type of injury. That is because there are a lot of things which must be taken into consideration when a claim is filed.

Compensation for Traumatic Brain Injury Victims

When submitting a claim for traumatic brain injury clients, a personal injury attorney will calculate both economic and non-economic losses. Here are some of the potential areas of compensation which can be included:

  • Medical bills — the costs of caring for someone with a brain injury can be high. In some cases, families may have to hire in-home help to assist once the victim has been released from the hospital. These expenses, which are typically paid out of pocket, can be included in a claim. For victims who will require long-term medical care, there will be an estimate of future medical costs included as well.

  • Lost wages and benefits — when someone is going to be able to return to work in a couple of weeks, these losses can be calculated easily. Unfortunately, some TBI victims will never return to their former employment, if they can return to work at all. The wages and benefits losses can be calculated for future losses by contacting experts to assist the attorney dealing with the victim’s claim.

  • Non-economic losses — loss of enjoyment, loss of counsel, and loss of guidance can be areas which victims are entitled to include in a claim. These losses will vary greatly depending on a number of factors. An attorney will take the time to understand the victim’s relationship with friends and family members, and determine the best way to include these as a dollar figure in the claim.

No two injuries and no two victims are the same. A younger victim may lose significantly more wages over their lifetime than an older victim, since they would have worked more hours had they been able to return to their chosen careers. Older victims, however, may suffer more health-related costs because their overall health may suffer more because of brain injury.

Claims, Negotiations and Settlements Take Time

The entire process following an injury can be time consuming, especially when there is a brain injury involved. However, the one thing that victims and their families should keep in mind is an accident injury attorney will work as hard as possible to ensure a fair settlement is sought in every case. Brain injury claims take longer. There is no doubt but that does not mean the victim should settle for a lower amount.

Contact a Nevada Brain Injury Attorney Today

When a loved one has suffered a brain injury, focusing on their recovery is important. Rather than attempt to deal with the claims and settlement process, work with a skilled attorney who has experience dealing with these types of complicated claims.

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