The length of a TBI case can span from a few months to a few years.
Here are a few factors that can affect how long a Denver traumatic brain injury case may take.
The Type of Traumatic Brain Injury That You Have
Traumatic brain injuries (TBI) can range from mild to severe. Mild TBIs like concussions can usually be treated without invasive medical procedures as long as they are closely monitored. Severe TBIs can result in coma, other consciousness disorders, and even death.Â
The severity of the brain injury affects various aspects of your claim. If the victim has suffered severe brain damage, they may not be able to assist with their case. Severe brain injuries often require extensive medical treatment and longer recovery times, which would delay the legal process.Â
Your personal injury attorney will likely recommend that you reach maximum medical improvement (MMI) before trying to settle your claim. MMI is the point in your recovery where you have recovered as much as can be expected for your condition and when damages can more accurately be estimated.Â
You can include anticipated future medical expenses for your case, including for:
- Ongoing medical treatment
- Doctors’ visits
- Medications
- Therapies
- Surgeries
You Have a Pre-Existing Injury
If you have a pre-existing injury, your personal injury case will likely be more complicated and lengthier than if you don’t. The insurance company may try to argue that your symptoms are related to a pre-existing condition rather than your current TBI. Refuting such a claim will require detailed and thorough medical documentation that clearly delineates your current condition from your former one.
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Denver Brain Injury Attorneys
You Need to Consult with Experts
Brain injury cases can be complicated. You may need to consult with medical experts who can help explain your brain injury, your future medical needs, and the costs associated with it. Economic experts can weigh in on projected costs and reduced earning capacity. Finding and vetting expert witnesses can lengthen your case but also help support a demand for higher compensation.Â
Liability Is in Dispute
Another issue that can extend the life of your personal injury case is when the insurance company disputes that the insured is responsible for the accident that caused your brain injury. Sometimes, the insurance company may try to blame the victim for the accident.
An experienced attorney can help gather evidence that can help prove liability, such as medical records, witness statements, and video footage. They can also consult with engineering and other experts to counter these arguments.Â
Even if you were partially at fault for an accident, that fact alone might not preclude you from recovering compensation. Colorado’s modified comparative fault law allows accident victims to recover compensation in cases in which they contributed to the accident as long as they are not 50% or more responsible for the accident.Â
The Insurance Company Delays the Process
Another issue that can extend the life of your personal injury case is when the insurance company intentionally delays the case to pressure claimants into accepting a settlement that is far below the value of the case. They try to get the claimant frustrated by requesting more information, not returning phone calls, and stalling the process in an attempt to get the insured to accept unfair offers.
Contact Our Denver TBI Injury Lawyers Today
If you or a loved one suffered a traumatic brain injury, Dulin McQuinn Young can fight to hold the negligent party responsible for the harm they’ve caused. Call us today to take advantage of a free consultation.