How Long Does a Brain Injury Claim Take?

How Long Does a Brain Injury Claim Take?

Victims who suffer traumatic head or brain injuries in an accident may experience intense pain, along with permanent cognitive impairments that affect them for the rest of their lives. Unfortunately, many of these accidents and injuries are fully preventable had someone else behaved more carefully under the circumstances.

If you or a person you love suffered a serious head injury in a recent accident, speak with a knowledgeable personal injury attorney in your area right away. Your lawyer can swiftly investigate your accident and determine your eligibility for filing a personal injury claim or lawsuit with the at-fault individual or entity’s insurance company.

Your lawyer can also represent you during ongoing settlement negotiations in pursuit of the favorable compensation you need and deserve. Finally, if the insurance company refuses to take your case seriously or disputes fault for the occurrence, your lawyer can file a lawsuit in court, seeking the monetary recovery you need through the litigation process.

The time it takes to resolve a brain injury claim depends upon numerous factors and often varies from case to case. While some brain injury cases resolve in a few months, others may last for several years.

A skilled brain injury attorney can advocate for you throughout the entire process and aggressively fight for your legal rights and interests. Your lawyer can also address all of your concerns so that you can better make important decisions throughout your case – including whether to accept or reject a pending settlement offer.

Finally, your lawyer will work hard to streamline the process so your case moves forward quickly and efficiently.

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Types of Brain Injuries that an Accident Victim May Suffer

How Long Does a Brain Injury Claim Take?

When individuals are involved in an accident and strike their head on a hard surface, they may suffer a traumatic brain injury that leads to ongoing medical complications. If an object penetrates the accident victim’s skull, the accident victim may suffer a brain bleed or hemorrhage, which leads to permanent cognitive impairments – and sometimes their untimely death.

Accident victims who strike their head on the ground may also suffer a concussion or a brain bruise. A concussion injury typically occurs when the force of an impact causes an accident victim’s brain to move around and strike the side of their skull, leading to a severe bruise.

These injuries can lead to both short-term and long-term symptoms. Some of the most common short-term symptoms of a concussion injury include nausea, dizziness, headaches, and short-term memory loss.

However, some concussions lead to far more severe and permanent symptoms, including post-concussive migraine syndrome and long-term or permanent memory losses.

Since the symptoms of a concussion may not always immediately manifest, accident victims must seek prompt medical treatment for their head injury as quickly as possible after their accident.

In addition to a blunt head injury or concussion injury, accident victims may fall into a coma or vegetative state, relying on life support to remain alive.

If you or a person you love suffered a head or brain injury in a recent accident, seek out the medical treatment that you need as quickly as possible. Sometimes, an emergency room doctor or primary care physician might refer you to a specialist doctor, such as a neurologist, for ongoing medical care and treatment.

Complete your medical treatment regimen and undergo the necessary procedures to try and make a full recovery from your injuries. Otherwise, the insurance company may refuse to pay you the fair monetary recovery you deserve.

While you receive the medical treatment that you need for your head injury, a skilled personal injury attorney can advocate for your legal interests right away. Specifically, your lawyer may investigate your accident circumstances and begin gathering your medical treatment records and bills to date. Your lawyer can assemble those documents into a settlement demand package for the insurance company to review once you complete your treatment.

Accidents That May Cause a Brain Injury

Several types of occurrences may lead to traumatic head and brain injuries. One of the most common causes of traumatic brain injury is a motor vehicle accident.

Forceful collisions are especially likely to cause a head injury if the accident victim strikes their head on something inside the vehicle, such as the headrest, window, door, or steering wheel, during the accident.

In many situations, other drivers cause motor vehicle accidents when they violate traffic laws, exhibit road rage, drive in a distracted manner, or drive while they are under the influence of alcohol or drugs.

An accident victim may also suffer a severe head injury if they strike their head on the ground in a slip-and-fall or other premises accident. Premises accidents frequently happen when property owners fail to maintain their properties in a reasonably safe condition for the benefit of property visitors.

Other common types of accidents that may lead to a severe head injury include:

If you suffered a head injury in one of these accidents, you can hold the responsible individual or entity accountable by filing a claim against their insurance policy.

Your attorney can handle every step of the claims-filing process for you by gathering the documents necessary to prove your claim, assembling a settlement demand package on your behalf, and submitting that package to the at-fault party’s insurer in a timely manner.

Your lawyer can then negotiate with the insurance company adjuster handling your case for the fair settlement compensation you need.

Factors That Affect the Length of a Brain Injury Case

Some traumatic head and brain injury cases may take a significant amount of time to settle or litigate. In part, this is often due to insurance companies and their adjusters dragging their heels when making a fair and reasonable settlement offer in a particular case.

Brain Injury

Insurance companies are not on your side, and they will do everything they can to resolve your personal injury claim for as little money as possible. Therefore, adjusters may undervalue claims as much as possible.

A skilled personal injury attorney increases your likelihood of recovering compensable monetary damages for your head injury. Your lawyer can highlight the strengths of your claim, including favorable expert reports and medical treatment records, and downplay any weaknesses. Moreover, your lawyer may take the insurance company to court if they refuse to compensate you with the fair monetary compensation you deserve.

Besides insurance companies, other factors which may affect the length of time it takes to resolve your case include:

  • The amount of time it takes for you to complete all of your accident-related medical treatment
  • The time it takes for your attorney to gather medical documentation and other important documents in your case
  • Whether litigation becomes necessary in your case, and if so, the court where your case is pending
  • The specific insurance company adjuster with whom you are dealing and whether or not they will settle your case without litigation

How to Litigate a Brain Injury Case

One important factor that may affect the length of your brain injury case is whether or not litigation becomes necessary. In general, litigating a case takes far longer than settling a case out of court simply because a court may set settlement conferences and civil jury trial dates far out in advance, depending on the number of cases on the court’s docket.

If litigation becomes necessary in your case, your attorney can handle every step of the process for you and work to streamline the process as much as possible. During litigation, the parties will engage in written discovery by exchanging documents and answering one another’s written Interrogatories.

The defense attorney in the case may also take the accident victim’s deposition to find out more about their injuries, the accident, and their current medical complications.

Even after filing a lawsuit, a case may still resolve without requiring a civil jury trial. However, if the parties do not resolve their case, they may need to take it to trial so that a jury can decide the amount of compensation to award the accident victim.

However, your lawyer can explore various alternative dispute resolution (ADR) methods, such as binding arbitration or mediation, as a way of resolving your case out of court.

Proving a Brain Injury Claim or Lawsuit Successfully

To recover monetary compensation for a brain injury, accident victims must satisfy their legal burden of proof.

Brain Injury Lawsuit

First, accident victims must demonstrate that the at-fault party owed a legal duty of care, which they subsequently violated. For example, if an accident victim suffers a brain injury in a slip and fall accident, they will need to show that the premises owner failed to maintain their premises in a reasonably safe condition for the benefit of property visitors.

Next, the brain injury victim must establish that as a result of the at-fault party’s negligent breach, an accident occurred in which they suffered one or more brain injuries.

To establish the medical nexus between your brain injuries and the accident, your lawyer can retain a medical expert, such as a neurologist or other treating healthcare provider. The medical expert can physically examine you, review imaging studies, and causally relate your head or brain injuries to the accident. A medical expert might also establish that as a direct result of the accident, you suffered a permanent head injury, such as a permanent cognitive impairment.

Monetary Damages in a Brain Injury Claim or Lawsuit

Individuals who suffer brain injuries in an accident may suffer permanent impairments that affect their entire life and well-being. Many brain injury victims cannot work for a significant amount of time after their accident, or in some cases, permanently.

In this situation, accident victims might recover compensation for lost income or loss of earning capacity. They may also receive monetary damages for their accident-related medical treatment expenses, including doctor visits, medical procedures, and other treatments.

Additionally, an accident victim who suffers a head injury may recover monetary damages for all of their pain and suffering, mental distress, cognitive impairments, inconvenience, and lost quality of life as a direct result of their head injury.

A personal injury attorney in your area can explore all your legal options and determine the likely settlement or jury verdict value of your head injury case. Your lawyer will then handle every step of the process, including negotiating with insurance company adjusters, pursuing a favorable settlement offer, or taking your case to court for a fair resolution.

Call an Experienced Brain Injury Lawyer in Your Area Today

Tatiana Boohoff - Attorney for Brain Injury
Tatiana Boohoff, Brain Injury Lawyer

One of the best ways to streamline your head injury case is to retain an experienced personal injury lawyer to represent you as soon as possible after your accident. Depending upon the jurisdiction where your accident happens, you may have a very short window to file a lawsuit seeking the monetary recovery you deserve. These time deadlines vary by state, according to the respective state’s statute of limitations.

Once you retain an attorney to represent you in your head injury case, your lawyer may start gathering documents, filing a claim, negotiating with insurance company adjusters, and pursuing the full conversation you deserve. If you need to resort to litigation, your lawyer will efficiently handle the litigation promptly and pursue the monetary recovery you deserve for your traumatic brain injury.

Experienced Lawyer for Brain Injury near Tampa

​How a Lawyer Can Help After Suffering a Brain Injury After a Motorcycle Accident?

Motorcyclists and their passengers are vulnerable to suffering from severe injuries in a traffic crash. Because motorcycles do not have the coverage that other passenger vehicles do, if a biker gets into an accident, they risk injuries, including traumatic brain injuries, concussions, and other head injuries.

Treating a brain injury can quickly get expensive. Paying for another driver’s negligence does not end after a victim gets out of the hospital. A brain injury can cause lasting effects, including permanent disability. In that case, the victim will be paying for the effects of the crash for months or years to come as they learn how to walk, deal with the emotional trauma, and cope with lost income.

A brain injury attorney can help you understand your rights after a motorcycle crash and help you recover compensation for your injuries. If you or a loved one has suffered a brain injury after a motorcycle crash, contact a motorcycle accident attorney in your area immediately after an accident.

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Motorcycle Accident Statistics

Motorcycle safety is a concern for people across the country. According to the United States Department of Transportation, 5,579 motorcyclists lost their lives in traffic crashes across the nation in a recent year. In the same year, motorcyclist deaths accounted for nearly 15 percent of all traffic crash fatalities.

Motorcyclists who wore helmets while operating their bikes did not fare much better after an accident. The DOT reported that 60 percent of all fatally injured motorcyclists were not wearing helmets at the moment of impact. Helmet use was lower for passengers on motorcycles, at 40 percent.

Alcohol was a factor in many of the crashes that occurred in recent years. Drivers with a blood alcohol concentration level of 0.08 percent or higher caused 672 deaths during the day and 764 deaths at night. Drivers with a blood alcohol concentration level of 0.15 percent or higher caused 422 deaths at night and 438 during the day.

Head Injuries Are the Most Common Injury in Motorcyclist Accidents

One NCBI study followed a cross-section of motorcyclists admitted to the hospital. They accounted for accident type, accident time, and injury pattern. The study found that head injuries are the most common type of injury for motorcyclists that get into traffic crashes.

The NCBI stated that motorcyclists were the most vulnerable groups of motorists and tended to become accident victims most commonly.

The NCBI reported:

  • 4,205 motorcyclists went to the hospital after a crash
  • Collisions between cars, pedestrians, and motorcyclists were the most common cause of injuries.
  • Accidents between cars and motorcyclists accounted for 68 percent of all accidents studied.
  • Accidents between pedestrians and motorcyclists accounted for 22 percent of all accidents studied.
  • Head injuries accounted for 59.7 percent of the injuries for motorcyclists who needed hospitalization.
  • 85.4 percent of the motorcyclists who lost their lives in the accidents studied suffered from severe head injuries.

Potential Injuries in a Motorcycle Accident

Motorcyclists are much more likely to suffer from serious injury than other motorists.

Motorcycles do not have the same protection as other passenger vehicles, so motorcyclists and their passengers are more vulnerable to severe injuries, including:

  • Road rash
  • Disfigurement
  • Broken bones
  • Facial fractures
  • Burns
  • Spinal cord injuries
  • Amputations
  • Paralysis
  • Brain injuries

Brain injuries are a common type of injury motorcyclists may experience after a crash. Brain injuries can be expensive to treat, leaving the victim with life-long injuries.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a head injury that can leave the victim with a permanent disability. TBI happens due to blunt force trauma or a violent jolt to the head. After suffering from this injury, a patient may experience symptoms that can include unconsciousness, blurry vision, trouble concentrating, and confusion. TBI requires a medical diagnosis.

You will need emergency medical treatment after a hit to the head. The treatment you receive after a TBI depends on the severity of the harm. Some patients may require surgical or non-surgical treatment to properly heal from harm.

Surgical treatment for traumatic brain injuries helps the patient in emergencies. Examples of surgical treatment include placing a stent inside a patient’s skull to repair cracks and prevent further damage to the head and surgery to remove blood clots that can potentially detach and move to other areas of the body, placing the patient at risk of death.

Non-surgical medical treatment for traumatic brain injuries includes using medications to reduce pain and the risk of progressive injuries.

A TBI patient may receive some of the following medications to treat injuries that do not require surgical intervention:

  • Muscle relaxers
  • Diuretics
  • Blood thinners
  • Stimulants/steroids
  • Antidepressants, anxiety medications, or other mental health medications

How Do You Calculate Brain Injury Damages?

Each motorcycle accident case is different. The facts of your case will determine how much your case is worth. An experienced motorcycle accident attorney can help you identify your damages and build your case to increase the possibility of receiving maximum compensation.

Factors that may increase the value of your traumatic brain injury claim may include:

  • If your injuries were particularly severe. Typically, the more severe the injuries are and the greater the likelihood that the victim will suffer long-term effects, the more valuable the settlement.
  • If you had a high income. If you are a high earner and are unable to work, it will likely increase the value of your claim,
  • Long-term disabilities. If you have disabilities that are going to keep you from working, pursuing a career in your chosen field, or engaging in activities you once enjoyed, it will likely increase the value of your motorcycle accident claim.

Factors that may decrease the overall value of your settlement can include:

  • Prior medical conditions may decrease the value of your settlement. If you have a previous head injury, insurance companies will argue that the crash was not the cause of your injuries or not the primary cause to reduce the amount of money they pay in a settlement.
  • The state where you filed your claim. State law may limit the amount of money available in your claim. For example, some states may not permit recovery for punitive damages.

How Can an Attorney Help Me?

Your attorney and the legal team you build after a motorcycle crash are your defense against large insurance companies and defense attorneys that are laser-focused on keeping you from the compensation you need to recover financially after a crash.

A motorcycle accident attorney can help you in the following ways:

Settlement Negotiations

A motorcycle accident attorney can help you navigate settlement negotiations with the insurance company. Many insurance companies place their bets on accident victims wanting to resolve their cases and foregoing hiring legal counsel quickly. Insurance companies may offer a fast, lowball settlement to avoid paying out large claims that will cover a victim’s losses. When counsel represents a victim, insurance companies do not play those games.

Hire an Expert Witness to Explain Your Head Injury

Knowing the extent of your harm after a head injury can be difficult. After an accident, some motorcyclists make the mistake of refusing medical care after hitting their heads. That is a mistake. Anytime you rock your head, you may have suffered a brain injury.

The severity of some injuries may not be readily apparent. An accident attorney can enlist the services of an expert witness to substantiate your injury and the way in which it will affect your life. Expert witnesses are often vital at trial because they can thoroughly explain your harm to a jury and describe how the injury will affect your life moving forward.

Help You Focus Solely on Recovery

There is a two-prong recovery process after a motorcycle accident. Injury victims must recover physically and financially. The physical recovery part of a brain injury is tough enough. You may need to recover from surgery, adjust to new medication, or participate in physical therapy and rehabilitation. That is enough work for you to do.

An accident attorney will take the burden of pursuing financial recovery off you.

Your attorney and their team will handle the legal side of things. They will ensure that your case complies with all applicable state and local procedural rules, so a judge does not dismiss it.

Help You Tell Your Story

As your case progresses, you will be required to tell your story to a lot of people. Many people tend to downplay their injuries after an accident. Victims want to appear stoic and strong. Your attorney will help you highlight the areas of your story that are the most compelling so an insurance adjuster, a judge, or a jury can see how much the accident has affected your life.

Prepare You for Trial

If your case does not settle during negotiations with the insurance company, it will move forward and go to trial. The thought of a civil trial can be overwhelming, especially if it is your first time being at trial. Plaintiffs that represent themselves tend to have a more difficult time getting the compensation they need – if they can obtain any compensation at all.

Get Quality Legal Advice

Having a motorcycle attorney means avoiding endless online searches about your legal rights. A communicative attorney knows you will have questions while your case is pending. If you ask your attorney, you can trust that you will receive the correct information to make informed decisions about your motorcycle accident case.

How to Choose the Best Motorcycle Accident Attorney?

Choosing the best legal team is essential for the success of your case. The best way to choose the right legal team is to review the attorney’s qualifications and assess how well you will work together. Here are some things to look for as you choose an attorney:


An experienced attorney can get you the best results on your claim. You will need an attorney experienced in handling motorcycle claims. They will know the unique challenges that you will face and the arguments insurance companies will income against your claim.

The Attorney’s Track Record

Check the attorney’s track record for successful outcomes in motorcycle crash cases. You can find this information by speaking to past clients, reading client reviews, talking to loved ones who have used the attorney previously, or asking the attorney about their experience during your initial consultation.

Make Sure You Feel Comfortable Working With the Attorney’s Team

Most civil cases, including motorcycle accident claims, take a long time to conclude. You want to ensure you have a legal team you feel comfortable communicating and sharing parts of your life with. Think about it; these people will review your medical records and learn more about you. You should feel good about your team.

Make Sure You Agree to the Attorney’s Payment Structure

Different attorneys have different payment structures, which often depend on the type of case. For civil accident cases, many attorneys work on a contingency fee basis. A contingency fee agreement works by allowing a client to defer payment for legal fees until the end of the case and ensuring that they can obtain legal representation regardless of their ability to pay.

Most contingency fee agreements let clients avoid paying a fee unless they obtain a settlement or an award at trial. Lawyers usually take a percentage of the final settlement as payment for their services. Speak to your attorney regarding the details of this payment arrangement.

Contact a Motorcycle Accident Attorney Today

Tatiana Boohoff, Lawyer for Motorcycle Accident cases near Tampa area.
Tatiana Boohoff, Motorcycle Accident Attorney in Tampa

You need an attorney if you or a loved one has suffered an injury in a motorcycle accident. There is no reason to try to face the legal process alone, and trying can easily result in getting far less than your case is worth.

Retaining the best legal team means you are in the best position to get maximum results from your motorcycle accident lawsuit. Contact a personal injury lawyer in Tampa today and start pursuing fair compensation.

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