Facing a brain injury in a city like Denver can feel like traversing uncharted territory. These injuries often disrupt victims’ physical, emotional, and financial well-being.
According to the CDC, traumatic brain injuries (TBIs) contribute to approximately 69,000 deaths in the U.S. annually. Even if they are not fatal, the expense and long-term impacts of such injuries lead many to file claims and seek guidance from a brain injury attorney.
If you or a loved one is considering filing a claim, one of the biggest questions is, “How long will this take?” Unfortunately, there is no set answer, as the timeline depends on various factors.
At Manning Law, our mission is to provide compassionate, client-focused legal representation to help injury victims in Denver secure the justice and compensation they deserve. With extensive experience, we guide clients through every step of the claims process.
In this blog post, we’ll break down what to expect when pursuing a brain injury claim in Colorado.
Understanding the Legal Process
A brain injury claim provides a path to compensation for the financial and emotional toll caused by someone else’s negligence or mistake. It covers essential costs such as medical care, lost income, future medical expenses, and pain and suffering.
Filing a claim can also ensure accountability, helping to prevent similar harm to others in the future. Denver brain injury lawyers will guide you through these steps and confirm you understand your rights under Colorado laws.
Who Needs a Brain Injury Attorney in Denver?
Anyone who has sustained a brain injury in an accident should strongly consider working with a qualified Denver brain injury attorney.
Brain injury cases are often complex, involving detailed medical records, liability disputes, and negotiations with insurance companies. An attorney will work through these challenges, advocate for your best interests, and make sure you aren’t pressured into accepting an unfair settlement.
This type of support is invaluable in stressful times, allowing you to focus on your recovery while they handle the legal intricacies of your claim.
Factors That Influence Claim Timelines
Severity of the Brain Injury
The extent of your brain injury significantly impacts the duration of your claim. Severe traumatic brain injuries often require extensive medical treatment and longer recovery times, which can delay the legal process.
Waiting until you reach maximum medical improvement (MMI)—the point where your condition is stable and unlikely to improve further—can help you accurately calculate future medical expenses and ongoing care needs.
Additionally, detailed medical records and evaluations help make sure your claim is well-documented and strong enough to support fair compensation.
Investigation and Evidence Collection
Evidence is a central aspect of any brain injury claim. A well-supported claim improves your chances of a favorable outcome.
Valuable evidence includes medical records, accident reports, and expert opinions, all of which take time to collect and verify. Keep in mind that delays can occur if documents are difficult to retrieve or if experts need additional time.
Liability Disputes
Liability disputes arise when the other party denies responsibility or blames you for the head injury. Resolving these issues often requires further investigation, mediation, or arbitration.
A skilled brain injury claim attorney will gather evidence and consult experts to counter disputes effectively. This step clarifies facts and supports a fair resolution.
Insurance Company Delays
Insurance companies may delay the process to pressure claimants into settling for less. These delays include prolonged investigations and slow communication.
An experienced brain injury claim attorney will manage these challenges and make sure your case stays on track. Moreover, Colorado’s laws on bad faith insurance practices provide additional protections to claimants dealing with uncooperative insurers.
Typical Timelines for a Brain Injury Claim
(1) Consultation With Brain Injury Lawyer and Case Review (1-3 Weeks)
The process begins with meeting a personal injury attorney to discuss your case and circumstances.
During this stage, the attorney evaluates your claim’s validity and estimates its potential value. They’ll also explain the legal process and answer any initial questions you may have. All in all, this early consultation sets the foundation for your case.
(2) Evidence Collection (2-6 Months)
As we mentioned, gathering all necessary evidence is key to a strong brain injury claim. This involves collecting accident reports, medical records, and witness statements.
Expert opinions may also be required to strengthen your case. Although time-consuming, thorough evidence collection ensures your claim is comprehensive and well-supported.
(3) Negotiations and Settlement Talks (3-9 Months)
Once evidence is gathered and medical evaluations are complete, settlement discussions begin. During negotiations, both parties present their arguments and attempt to reach an agreement.
This phase can vary greatly depending on how cooperative the other side is. Regardless, an experienced brain injury lawyer will help push for a fair and timely resolution.
(4) Filing a Lawsuit (6-18 Months)
If a settlement cannot be reached, your attorney may proceed with filing a lawsuit. This step involves submitting your case to the court and preparing for trial.
Lawsuits can take months or even years due to court schedules and pre-trial procedures. While lengthy, this process makes sure your case is thoroughly examined and presented.
Common Challenges in Brain Injury Claims
Medical Records and Expert Testimony
As mentioned, accurate medical records and expert testimony are a must for a strong claim. These documents prove the extent of your injury and its impact on your life. Scheduling evaluations or obtaining records can take time, adding delays to the process.
Disputes Over Damages
Compensation disputes often arise over the costs of ongoing care, lost wages, or future earnings. Insurance companies may challenge these amounts to minimize payouts, sometimes even engaging in bad-faith practices. Resolving such disagreements requires additional evidence and negotiations. A strong legal strategy helps secure the compensation you deserve.
Court Scheduling
Court scheduling can significantly delay your claim if it proceeds to trial. Backlogged courts or scheduling conflicts often extend the process by months. Your attorney will work to manage timelines and avoid unnecessary delays.
Why Work with a Brain Injury Attorney in Denver?
Don’t pursue fair compensation on your own. You deserve to have someone in your corner.
An experienced brain injury attorney in Denver provides the guidance and expertise needed to simplify the process. They handle complex legal tasks like evidence gathering, negotiating with insurance companies, and addressing disputes over damages. Your attorney also ensures that you meet critical deadlines and aren’t taken advantage of by insurance tactics.
Plus, Colorado’s specific legal requirements, such as filing deadlines and the statute of limitations for personal injury claims, make having skilled legal representation essential.
Tips for Managing Your Case Timeline
Keeping your claim on track requires proactive steps and clear communication. Here are some practical tips to keep everything running as smoothly as possible:
Stay Organized
Keep detailed records of medical treatments, receipts, and communications related to your injury and claim. Organized documentation helps avoid unnecessary delays and confusion.
Follow Medical Advice
Staying consistent with your treatment plan shows the seriousness of your injuries and strengthens your case. Insurance companies look for compliance with medical recommendations as proof of valid claims.
Communicate with Your Brain Injury Lawyer
Regular updates with your attorney keep everyone on the same page and prevent unnecessary delays.
So, When Should You Expect a Settlement?
The timeline for settling a traumatic brain injury case is highly uncertain and varies depending on individual circumstances. Most claims are resolved within 1-3 years, but this can be influenced by factors like injury severity and disputes over liability.
Note that rushing the process can result in an unfair settlement that doesn’t fully cover medical bills, lost wages, or future care needs. Colorado courts emphasize thorough documentation to ensure claimants receive just compensation.
While the process may seem lengthy, the goal is to secure the compensation you rightfully deserve and hold negligent parties accountable.
How Manning Law Helps
At Manning Law, we understand the challenges brain injury victims face. Our compassionate, client-focused approach guarantees you receive the personalized attention you deserve.
With offices in Denver and Centennial, our team is ready to fight for your rights. If you’re seeking justice after a brain injury, contact us for a free consultation with a brain injury attorney in Denver.