Dealing with a brain injury is a challenging and often overwhelming experience. From the physical pain to the emotional distress, it can impact every aspect of your life. A question you may ask a brain injury attorney (besides about the value of your case) is how long it may take to get your money. This inquiry is not one that the brain injury lawyer can answer on the spot. Many variables can affect your case, and your attorney may not even know what they are when you speak with them during an initial consultation. They will need time to determine what must happen to get the best possible outcome in your case.
One thing is within your control: hiring a brain injury attorney to represent you. The sooner you get them on the case, the quicker they can go to work. They can provide the guidance and support you need during this difficult time. A brain injury attorney understands the legal system and can help you with paperwork, negotiations, and court proceedings. With their in-depth knowledge and experience, they can carefully handle all aspects of your claim, allowing you to focus on your recovery.
Money concerns should not keep you from getting the help you need from a brain injury attorney. You do not need to come up with anything when you first hire them, nor do you need to pay bills while your case is pending. The only thing that you need to do at the outset is sign the representation agreement when you hire your attorney. This agreement defines how and when the brain injury lawyer gets paid a percentage of the proceeds, but only if you receive a settlement or jury award. You will not owe your attorney any money if you do not win your case.
Your Brain Injury Attorney Must Prepare for Your Claim
Your brain injury claim has two primary parts, and your attorney must take time to prepare both. Your claim’s first part involves evidence that someone else was negligent. When you can prove that someone acted unreasonably under the circumstances and was the proximate cause and cause-in-fact of your injuries, they must pay you full compensation.
It may take some time for your brain injury attorney to perform a full investigation of your accident. They will gather evidence showing someone else was negligent and determine who you can sue. They will also need to verify the responsible party’s insurance coverage.
Then, the second part of your claim will involve your lawyer determining how much to seek in a claim or lawsuit. Your brain injury case is likely worth a considerable amount of money, and you need to get every dollar that you are due in compensation. In a brain injury case, you may face hundreds of thousands of dollars in medical bills or even more. This amount is before you account for lost earnings and pain and suffering. Your brain injury lawyer may work with expert witnesses to gain insight into your future and the extent of your needs. Once they have that information, they will also work to gather documentation that supports the dollar amount that you are seeking.
You Must Reach the Point of Maximum Medical Improvement
You may have seen a doctor and received an initial diagnosis of a brain injury, but this is only the start of your medical care. Your condition in the future is not apparent at first. Much depends on your rehabilitation and whether you can regain some function. It may take months for you to know what your long-term prognosis is.
If you filed a claim right when you began treatment, much of what you may say in the claim is speculation. You need some time in treatment and rehabilitation before you know what the future may hold for you.
Eventually, you will reach the point of maximum medical improvement. This point is when further medical care may not result in an improvement to your condition. Then, your brain injury lawyer can adequately estimate your damages.
Your Brain Injury Case May Take Longer Than Other Claims
Once your attorney prepares your claim or lawsuit, they will send it to the insurance company or file it in court. At that point, you have completed one key part of the legal process but have begun another one that can take longer.
The average personal injury case will take considerable time, and you must go through many steps before and after you file the claim. However, you are dealing with an insurance company with every incentive to drag things out for as long as possible. Insurance companies generally will not give you every dollar you deserve without an intense fight on your part.
A brain injury case can take even more time than the average personal injury claim because there is significant money on the line. The more your claim is worth, the more the insurance company will want to take its time. Insurance companies do not like to write large checks without an extensive review process, which requires multiple levels of approval. They are more deliberate when they need to pay you more.
Insurance Companies May Try to Maximize Their Advantage Over You
Insurance companies also know that you are likely in a tenuous financial situation and understand that you are facing large medical bills for your care and rehabilitation. They also know that you may have needed to invest a considerable amount in medical equipment for which you may or may not receive reimbursement. At the same time, you may be unable to work and earn money due to the effects of your brain injury.
The insurance company will exploit what it perceives to be a claimant’s desperation. Insurance companies may dangle some money, hoping you will take a lower settlement to get payment. Although most claimants reject the low settlement offer, insurance companies have gotten lucky under these facts and saved themselves a significant amount of money. Thus, they like to take their time, hoping to wear you down in settlement negotiations.
Insurance companies will likely take a while to respond to your initial claim. They will take some time to review what your brain injury attorney submits, determine whether they will accept liability in your case, and make you a settlement offer. While this may seem promising, it is only one step along the way, and there is plenty more work.
A brain injury attorney can negotiate with insurance companies on your behalf. Insurance companies are notorious for trying to settle claims quickly and for as little money as possible. You may be disadvantaged when negotiating a fair settlement without proper legal representation. An attorney will advocate for your rights, considering the true extent of your injuries, and will fight for a settlement that fully covers your damages.
Stay As Patient As You Can to Get as Much Money As Possible
You must take as much time as necessary to secure the money you deserve. Holding out in the face of a recalcitrant and deliberate insurance company takes patience and sometimes nerves of steel. You understandably feel stressed about whether you will receive money and how much you can get. Although this is difficult, you must put your worries aside and let your brain injury attorney do their work. If it means adding time to the process, it is something that you need to prepare to live with because it is unavoidable.
Otherwise, you may settle your brain injury case for less than its full value, which may have disastrous consequences for you in the future. You may run out of money when you need it the most without any further recourse. Once you sign a settlement agreement with the insurance company, it is off the hook from paying you anything more in connection with your case. Accordingly, you get one chance to settle a brain injury claim and must remain patient.
A Brain Injury Attorney Can Help Maximize Your Compensation
Hiring a brain injury lawyer is the best way to fight for every dollar that you deserve in compensation. A brain injury attorney knows how much your case is worth and will prepare to fight for you. Hiring a brain injury lawyer sends an unmistakable message to the insurance company that it needs to take your rights seriously.
A brain injury attorney will likely negotiate with the insurance company. Assuming the insurance company accepts liability, you will fight the battle about how much compensation you should receive. You are under no obligation to accept a settlement offer that the insurance company makes you, especially when it does not pay you enough money. Negotiating adds time to your case, but it is part of the process you must go through to receive fair compensation for your injuries.
Filing a Lawsuit May Add More Time to Your Case
If the insurance company will not offer you enough money in a settlement, partially blames you, or denies your claim, it is necessary to file a lawsuit in court. It is difficult to say how long a court case may take because many things are outside your control. However, litigation is necessary if you need to pressure the insurance company.
When your case goes to court, there is a wide range of timing outcomes. Every motion can add time to your case, and you have no control over how much time the judge may allot to the important discovery process. The court may set a schedule at the beginning of their case, which depends on the judge’s docket. However, litigation schedules can slip, taking years before your case goes to trial. If you win your case at trial, you may still have to wait for your money because the defendant may appeal.
Even if you have filed a lawsuit, there is nothing that says that your case will go all the way to trial. Most personal injury cases will settle at some point before they reach a jury; the question is at what point of the process this will occur. The most common time for a settlement agreement is at the close of discovery and before the beginning of a trial. By then, the insurance company has more of an idea about the strength of your case and its total potential liability.
Why You Need a Brain Injury Lawyer for Your Case
Any type of personal injury case is complex and difficult. A brain injury case is more challenging, both because there may be differences of opinion about your condition and since there is a lot of money at stake. You must focus on your health and stay strong in the situation.
You cannot take the time and effort to deal with the legal process. Even if you had the capability, you will lack the knowledge and toughness to go toe-to-toe with the insurance company.
When you hire a brain injury attorney for your case, you will have peace of mind. Once you retain a brain injury lawyer, you must work with them when necessary and make the key decisions in your case. Your attorney will advise you on each decision, so you do not have to make them alone. They will handle every detail of your legal case from beginning to end.
Having an attorney by your side sends a strong message to the responsible parties. It shows that you are serious about seeking justice for your brain injury and that you will not let them take advantage of you. It can create a sense of accountability, as the other party knows they are up against an experienced legal professional who will fight for your rights.
Hire a Personal Injury Attorney for Your Brain Injury Accident
When it comes to brain injury claims, hiring an attorney is vital. They can provide the necessary experience, support, and guidance during this challenging time. From dealing with the legal process to advocating for your rights, an attorney will ensure you receive the compensation you deserve. Do not go through this journey alone – reach out to a trusted personal injury attorney today and let them assist you in your brain injury claim.