How Long Does It Take to Settle a Traumatic Brain Injury Claim?
If you or a loved one suffered a traumatic brain injury (TBI) in a car collision, an accident at work, or any accident caused by another party, you likely filed a personal injury lawsuit against the party that caused your accident to hold them responsible for the medical bills from your injury.
As those bills mount, it’s easy to wonder just how long it will take to get your settlement money. Your team at Harlan Law works hard to settle or litigate your claim fast, but we also want to ensure that the suit is done correctly and that we haven’t missed any of the compensation you’re entitled to.
When you file a TBI personal injury lawsuit, you only get one chance — once you accept a settlement or the judge issues a ruling, you cannot go back for additional compensatory damages. It’s important to take the time to get it right.
The Timetable for Your TBI Claim
Although the circumstances of each case are different, the timelines of personal injury cases are fairly similar.
First, we wait until the victim no longer needs medical care and their injuries are completely resolved or their condition is stabilized, with little chance of their condition changing. Until the injured party recovers or stabilizes, it’s difficult to settle because the future and the degree of care they will need are too uncertain.
Although we may need to file the suit in a timely manner so that we meet the statute of limitations for a Washington personal injury case (which is three years), we may only determine the final amount for the suit once your injuries have healed.
After your treatment is done, your personal injury lawyer obtains your medical records and creates the settlement package to present to the other party. This usually takes about eight weeks, depending on how quickly we can get the records from your care providers.
We review the records to ensure they are complete and can back up your claim. Often we find that we need additional time for discovery and expert review so that your case is solid.
Settling Your TBI Claim
Once the records are complete, it usually takes several weeks for the other party to review the claim. For a traumatic brain injury, the amount is usually high enough that the insurance company takes its time to thoroughly review the medical records.
We may need to complete additional negotiations, but once both parties agree, it takes only a few weeks for the at-fault party to cut the check.
If you need help receiving compensation after your accident, contact Harlan Law Firm to discuss your brain injury case. We at the Harlan Law Firm have served as a voice for injury victims since 2006.