Tag: TBI settlement

Traumatic brain injuries (TBIs) can have life-altering consequences, leaving victims and their families to cope with immense physical, emotional, and financial challenges. If you or a loved one has suffered a TBI due to someone else’s negligence, pursuing a legal claim may be necessary to secure the compensation you need. In Maryland, understanding how long it takes to settle a traumatic brain injury case is critical for managing expectations and planning for the future. This article provides an overview of the factors influencing the timeline and what to expect during the legal process.

What Is a Traumatic Brain Injury?

A traumatic brain injury occurs when a sudden trauma, such as a blow or jolt to the head, disrupts normal brain function. TBIs can range from mild concussions to severe injuries causing long-term disability or death. Common causes of TBIs include car accidents, falls, workplace injuries, sports incidents, and medical malpractice. In Maryland, a TBI case may arise when another party’s negligence causes the injury.

The impacts of a TBI can be profound, affecting cognition, motor skills, behavior, and emotional well-being. Victims often face extensive medical treatment, rehabilitation, and lost income, which can put a significant financial strain on families. This is why many TBI victims choose to pursue compensation through legal action.

Key Factors That Influence the Timeline of a TBI Case

The duration of a traumatic brain injury case can vary significantly depending on several factors. While some cases may settle within months, others can take years to resolve. Below are the key factors that impact the timeline:

1. Severity of the Injury Severe TBIs often require extensive medical evaluations and treatments, which can delay the legal process. A full understanding of the injury’s long-term effects is essential for determining fair compensation.
2. Liability Disputes If the parties involved dispute who is at fault, resolving the case may take longer. In Maryland, contributory negligence laws bar recovery if the victim is found even partially at fault, making liability determination crucial.
3. Medical Treatment and Recovery The legal process often pauses until the victim reaches maximum medical improvement (MMI), meaning their condition has stabilized, and future medical needs can be accurately assessed.
4. Complexity of the Case Cases involving multiple defendants, extensive evidence, or technical medical issues may take longer to resolve. For example, proving negligence in a medical malpractice case often involves detailed expert testimony.
5. Willingness to Settle If the at-fault party or their insurer is unwilling to offer a fair settlement, the case may proceed to trial, significantly extending the timeline.

Steps in a Maryland TBI Case

Understanding the stages of a traumatic brain injury case in Maryland can help you anticipate the process and its potential duration. Below are the general steps involved:

1. Consultation With a Personal Injury Lawyer

The first step is to consult an experienced Maryland personal injury lawyer to evaluate your case. During this initial meeting, the attorney will gather details about the incident, assess liability, and discuss the potential value of your claim.

2. Investigation and Evidence Gathering

Your lawyer will conduct a thorough investigation, which may include reviewing medical records, accident reports, and witness statements. They may also work with medical experts to establish the extent of your injuries and calculate future costs of care.

3. Filing a Claim

Once sufficient evidence is gathered, your lawyer will file a claim with the at-fault party’s insurance company. In Maryland, this step is often the beginning of negotiations.

4. Settlement Negotiations

Many TBI cases are resolved through negotiations between your lawyer and the insurance company. However, this process can take time, especially if the initial settlement offer is inadequate.

5. Litigation and Trial (If Necessary)

If a fair settlement cannot be reached, your lawyer may file a lawsuit. In Maryland, the discovery phase, pre-trial motions, and the trial itself can add months or even years to the timeline.

Average Timeline for Settling a TBI Case in Maryland

There is no one-size-fits-all answer to how long it takes to settle a TBI case. However, understanding the average timeline can provide some perspective:

• Simple Cases: For cases where liability is clear, and the injuries are relatively minor, a settlement may be reached within 6 to 12 months.
• Moderate Cases: Cases involving moderate injuries and minor disputes over liability typically take 1 to 2 years.
• Complex Cases: Severe injuries, contested liability, or medical malpractice cases may take 2 to 5 years or longer to resolve, especially if they go to trial.

Challenges That Can Delay a TBI Case

Several challenges can arise during the legal process, potentially delaying the resolution of your case. These include:

• Disputes over the cause of the injury.
• Difficulties in obtaining necessary medical records or expert testimony.
• Uncooperative defendants or insurers.
• Court backlogs and scheduling issues.

Working with an experienced Maryland personal injury lawyer can help address these challenges effectively and keep your case moving forward.

Why an Experienced Lawyer Matters

Traumatic brain injury cases are among the most complex personal injury claims. The stakes are high, as victims need compensation not only for immediate medical bills but also for long-term care, lost earning capacity, and pain and suffering. An experienced Maryland lawyer understands how to:

• Build a strong case by gathering compelling evidence.
• Navigate Maryland’s contributory negligence laws.
• Accurately calculate the value of your claim, including future costs.
• Negotiate aggressively with insurers.
• Represent your interests in court, if necessary.

Having skilled legal representation can make a significant difference in the outcome of your case.

Maryland Traumatic Brain Injury Lawyer

If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, it is essential to seek legal help as soon as possible. The experienced TBI lawyers at D’Amore Personal Injury Law, LLC understand the complexities of TBI cases and are committed to helping victims secure the compensation they deserve.

Contact D’Amore Personal Injury Law, LLC by calling (410) 846-0284 or contacting us online for a consultation. Our compassionate team is ready to discuss your case, explain your legal options, and fight for your rights. Don’t wait to take the first step toward justice and financial recovery.