How Long will It Take to Settle a Brain Injury Case?

Getting to the finish line on a personal injury claim is something all accident victims look forward to. Unfortunately, the justice system is slow and archaic in many ways, in spite of all the technological advances we have made over the years. Thus, it may seem like nothing is happening with your case for weeks or months at a time, and this is undeniably a frustrating time for those who are living with the effects of a brain injury.

Lawyers can be another source of frustration for accident victims, who are counting on these professionals to resolve their claim in a timely manner. Certainly, it’s possible that your lawyer is failing to devote the time and attention that’s needed, and this is why it’s taking so long to reach a resolution. Alternatively, your attorney may be trying their best, but your accident is much more complex than they expected, and they are not experienced enough to handle such matters.

If you have questions of concerns about your case, it’s essential to talk things out with an experienced attorney. Ideally, you should find another lawyer in order to obtain a second opinion, similar to how people consult another doctor if they are unsure about a diagnosis or recommended course of treatment.

Kenmore Law Group is here to help you with any aspect of your brain injury case, no matter how far along you are with a claim. Simply contact our office to receive a free case evaluation.

How Long Does a Brain Injury Case Take to Settle?

Realistically, cases of brain injury resulting from an accident will probably take between 12 and 36 months to settle. So, that’s 1 or more years that you may need to wait, particularly if your case goes before a judge and jury. Lawsuits rarely end up in court, so more than likely, we will achieve a settlement with the other party. Getting to that point, however, is an uphill battle when traumatic brain injury is involved, and there are various reasons for the holdup that have nothing to do your lawyer.

At the end of the day, some cases will settle in a matter of months, while others take over 3 years. Why this happens is due to many factors that we have no control over. Here are just some of the circumstances that have an impact on the settlement timeline:

• How much evidence is available to support your allegations
• How badly you are injured
• The negative consequences on your life as a direct result of the accident
• Your ability to perform your work duties and daily tasks
• If there is more than one party that’s liable for the accident
• If the defendant’s actions that caused you harm constitute gross (excessive) negligence

Why is My Lawyer Taking So Long to Reach a Settlement?

The truth is, trauma to your brain produces complex injuries that are not as obvious as cuts and burns on the skin. For some people, understanding the extent of injury and its ramifications on their life can take months, if not years. These factors are crucial to your case value, as they take into account your future medical needs and monetary losses, and not just the problems you’re going through right now.

In essence, there is a lot of work that has to be done even before you start to negotiate a settlement. Once you are at the negotiation stage, it’s a matter of exchanging offers with the other party’s insurance company until both sides agree on the amount of compensation. Based on the number of exchanges and how long it takes for the insurance company to respond each time, it can take up to a year, maybe longer to settle a traumatic brain injury claim.

The funds you receive from a lawsuit include payments for economic and non-economic damages, such as:

• Current and future (possibly lifetime) medical expenses
• Pain and suffering
• Lost wages
• Emotional distress
• Property damage
• Loss of consortium
• Legal fees
• Punitive damages

Is My Lawyer Taking Too Long to Settle my Brain Injury Case?

Ultimately, this is the question you probably keep coming back to, even when you know there are reasons for why it takes so long for a brain injury lawsuit to settle. Frankly, we can’t blame you, and it’s actually important to evaluate your lawyer’s words and actions – or lack thereof – throughout the legal process. So, what do you do when you keep asking yourself, “Is my lawyer doing everything they should to settle my case?”

One option you have is to find a new lawyer, which you can do at any time. There is no need to give a certain amount of notice or even a valid reason if you want to fire your attorney. That doesn’t mean you should do this on a whim, as starting over with a new legal representative has pros and cons that you should weigh before making such a big decision.

That being said, there are valid reasons to change lawyers during a lawsuit. And these include:

• Communication problems – taking too long to respond to your calls, giving vague of confusing answers, or not responding to you at all are serious problems that can hurt your case in the long run.
• Major or frequent disagreements – personality clashes and heightened emotions can lead to arguments with your attorney, but they shouldn’t be frequent or over major issues, like whether to take your case to trial. If you keep butting heads on important matters in your case, it may be time to look elsewhere for representation.
• Unethical behavior – this is a huge red flag that should never be ignored. Any lawyer that lies, conceals information, or engages in dirty, underhanded tactics can definitely compromise your lawsuit.
• Not having enough experience or knowledge – there are many lawyers that sincerely want to help their client, but they lack the experience to handle the complexities that are involved. In these situations, it may be for the best to find a new lawyer, even though your current attorney is not doing anything wrong.

Call Us for a Free Second Opinion

While there are many moving pieces to a personal injury lawsuit, getting to the finish line is what matters the most to someone who is struggling to live with a brain injury. That’s why so many victims find themselves wondering, “How do I know if my lawyer is taking too long to settle my brain injury case?”

Input from another attorney is critical to answering this question and seeing if finding another lawyer is in your best interest. That’s why we would like to offer you a free second opinion consultation on your brain injury accident case. By having one of our legal experts evaluate your claim, you can be alerted to any signs of incompetence or misconduct by your attorney. With that information, you can make an informed choice on switching lawyers or staying with your current legal representative.

Your second opinion in 100% free, so please take this opportunity to contact us and schedule a time to speak with one of our attorneys.

Contact Kenmore Law Group

Representation on a brain injury case is crucial to resolving your lawsuit in a timely manner and ensuring that you are fairly compensated by the party that injured you.

We want to make it as easy as possible for you to hire a lawyer that specializes in traumatic brain injury. That’s why we protect you with the Zero Fee Guarantee from day one, a policy where all legal fees are collected at the end of your lawsuit. Even more important, our only form of payment is a percentage of the settlement you receive from a successful claim. If we fail to secure the compensation you deserve, you owe us $0 in legal fees.

To schedule a free case review on your rights and legal options, contact our law firm at your earliest convenience.