Brain injury lawsuits can take time to resolve due to the severity and long-term impacts of the injury. It can take years to determine the full impact of a brain injury on your or your loved one’s life. The injury and its effects may resolve in a matter of months. Or you may need long-term rehabilitation and home care for years.
Due to the complexity of brain injuries, it is impossible to determine how long your case will take to resolve. Each case is unique. While some can take much longer, others could settle in faster. Based on the level of medical care and treatment needed, you do not want to undervalue your claim or settlement in a personal injury lawsuit by resolving it before the full extent of your injuries are known..
Treatment and Investigation for Brain Injury Lawsuits
There are important steps to take before you ever file a lawsuit, beginning with a careful investigation of your accident. Before you ever try to settle your case or file a lawsuit, it is important to establish the cause of the injury and the party or parties responsible. You will need to identify how the injury happened, who was at fault, and the extent of your damages.
While our firm investigates your case, it is important that you seek ongoing medical care. Brain injuries can result in late-developing symptoms, so the extent of your injury might not be immediately clear. Receiving necessary medical treatment allows our firm to identify what your past and future expenses might be. Follow this simple advice if you have been involved in an accident to protect your rights:
- Call the police
- Request that a police or incident report be completed
- Take photographs
- Obtain the names of any witnesses
- Get immediate medical attention
- Follow the instructions of medical providers
- Do not post on social media
- Do not give statements to any party
- Document your injuries
- Call a qualified and experienced lawyer as soon as possible
For a free legal consultation, call (212) 732-2929
Filing a Personal Injury Lawsuit for Brain Injuries
After you consult with a lawyer, they will contact the representatives of the at fault party or parties and negotiate on your behalf. If the parties are not able to easily resolve your claim, the next step is to initiate a lawsuit. This begins with filing a legal document known as a complaint. The lawsuit must meet a number of technical requirements and will not spell out every aspect of your case. However, it should explain the basis for the case.
Once the at-fault party is served, they typically have 30 days to respond. The response comes in the form of an answer that either admits or denies each allegation made in your lawsuit. Alternatively, they could file a motion to dismiss the case instead of answering immediately.
Once the answer is filed, and any motions to dismiss are resolved, discovery will begin. This can occur as soon as 30 days following service of the complaint and the filing of the defendant’s response. The discovery phase involves both sides sharing the evidence they intend to use at trial with the other side. This allows both sides to avoid unfair surprises and can facilitate settlement discussions.
Discovery comes in different forms. Some discovery involves the exchange of written questions and answers or the formal request for documents. Discovery also involves depositions, which are similar to interviews between the attorneys and witnesses.
Discovery is often the longest phase of a brain injury case. Once it is completed, and any attempts to settle have fallen through, the final step is taking the case to trial. At your trial, both sides will get the chance to make their case and offer evidence. The jury will hear this evidence before making a ruling.
Let an Attorney Advise You On the Timeline of Your Case
When you hire an attorney, you can rely on their guidance through the entire timeline of a brain injury lawsuit. From the early stages of the investigation, until your case settles or goes to trial, your attorney will handle all aspects of your case and fight for a fair settlement on your behalf.
The attorneys at Dansker & Aspromonte Associates are ready to help you pursue financial compensation for your brain injury. To learn more about your options, reach out for a free consultation today. A team member is standing by to discuss your case. The sooner you call us, the sooner we can build a strong claim for maximum compensation.