A sharp blow to the head, a sudden fall at work, or an unexpected collision on the road. What once felt routine becomes overwhelming. Concentration slips. Words don’t come easily. Fatigue, confusion, and fear settle in like unwelcome guests.
A traumatic brain injury doesn’t just affect the body; it quietly reshapes a person’s identity, disrupts families, and burdens everyday life with uncertainty. And yet, in the middle of that storm, one truth must stand clear: How long do you have to file a traumatic brain injury lawsuit? Because no matter how devastating the impact, the law allows only a limited time to seek justice.
Understanding your rights isn’t just about legal timelines, it’s about reclaiming control in a moment that feels powerless. Whether your injury came from a car accident, unsafe conditions, or medical malpractice, knowing what steps to take is crucial.
Have you waited too long, or is today the day you take action? Let’s explore what the law says, what protections exist, and how you can move forward on your terms.
Understanding Traumatic Brain Injury and Its Impact
A traumatic brain injury (TBI) occurs when an external force injures the brain, often causing temporary or permanent disability.
Common Causes of Traumatic Brain Injuries:
- Car accidents
- Falls
- Sports injuries
- Medical malpractice.
A head injury can lead to symptoms immediately apparent, such as loss of consciousness, confusion, or headaches, but sometimes symptoms develop over an extended period.
Because brain injury symptoms vary widely, prompt medical attention and thorough medical documentation are essential. Medical records and accident reports serve as critical evidence in brain injury claims. This documentation establishes the injury’s severity, supports your personal injury claim, and helps the legal team understand your medical expenses and the need for ongoing medical treatment.
The Importance of Filing a Traumatic Brain Injury Lawsuit on Time
You must file a traumatic brain injury lawsuit within a specific period called the statute of limitations. The statute of limitations is a legal deadline to start legal action. If you miss this deadline, insurance companies and responsible parties may argue against compensation, even if your claim is valid, unless a legal exception applies.
The exact time limit depends on where the injury occurred.
For example:
California:
Most personal injury cases, including traumatic brain injury cases, must be filed within two years from the date the injury occurred (California Code of Civil Procedure §335.1).
Nevada:
Victims have two years to file a brain injury lawsuit (Nevada Revised Statutes §11.190).
Colorado:
The statute of limitations for personal injury claims, including brain injury, is two years (Colorado Revised Statutes §13-80-102). However, if the traumatic brain injury stems from a motor vehicle accident, the timeline extends to three years (Colorado Revised Statutes §13-80-101(1)(n)).
These time frames apply to most brain injury claims resulting from negligence. However, in some cases, exceptions may apply, resulting in different deadlines or procedures, so it’s important to consult a brain injury lawyer for guidance.
Why Immediate Medical Attention and Documentation Matter
After a head injury, seek medical attention immediately. Prompt medical attention not only protects your health but also strengthens your legal claim. Medical professionals can diagnose the extent of the injury and begin necessary treatment. This creates medical documentation, a key piece of evidence when pursuing compensation.
Medical records detail symptoms immediately observed and the injury’s progression over time. They include reports on medical treatment, diagnostic tests, and the need for ongoing medical treatment or rehabilitation. These records demonstrate that the injury affects your daily life and justify the financial costs related to medical bills and lost wages.
Without solid medical documentation, insurance companies may try to minimize or deny your claim, arguing the injury wasn’t serious or wasn’t caused by the accident.
What is MMI?
Maximum medical improvement (MMI) means your condition has reached a point where doctors do not expect substantial recovery with further treatment. Doctors determine MMI after evaluating your long-term recovery potential, and this status often plays a critical role in calculating compensation in traumatic brain injury cases.
Establishing Negligence in Traumatic Brain Injury Cases
Most traumatic brain injury cases depend on proving negligence by the responsible party. Negligence means the injury resulted from someone else’s failure to act reasonably, like a distracted driver causing a car accident or a doctor’s error during medical treatment.
How Do You Prove Negligence in a Brain Injury Case?
To establish negligence, your legal team must gather evidence, including:
- Accident reports from police or other authorities
- Witness statements supporting your version of events
- Medical records linking the injury to the accident
- Proof of financial costs, like medical expenses and lost wages
This evidence shows the responsible party’s actions directly caused your injury. For example, if a faulty helmet led to a sports injury or a medical error worsened the brain injury, these details help build a strong TBI lawsuit.
The Legal Process: From Filing a Claim to Settlement Talks
Once you file a traumatic brain injury lawsuit, the legal system moves through several steps. It is crucial to understand each phase, ensuring all necessary evidence is presented and deadlines are met.
Here’s what to expect:
1. Initial consultation:
The brain injury attorney reviews your case and explains your legal options.
2. Filing the claim:
The lawsuit officially starts with a legal complaint.
3. Discovery:
Both sides exchange evidence, including medical records and witness statements.
4. Settlement talks:
Many brain injury claims resolve through fair settlement negotiations, avoiding a lengthy trial.
5. Trial:
If settlement fails, the case proceeds to court, where a judge or jury decides on potential compensation.
The goal throughout the process is to secure fair compensation for your injuries, covering medical bills, lost wages, emotional distress, and permanent disability.
Potential Compensation in Brain Injury Lawsuits
Compensation in traumatic brain injury cases can address various losses caused by the injury:
Medical expenses:
Current and future medical bills related to diagnosis, treatment, rehabilitation, and ongoing care.
Lost wages:
Income lost during recovery or due to permanent disability.
Non-Economic Damages:
Compensation for emotional distress, such as pain, suffering, and reduced quality of life.
Other financial costs:
Out-of-pocket expenses, home modifications, or assistive devices needed due to the injury.
Insurance companies sometimes dispute the value of brain injury claims. Legal representation can help you pursue fair compensation based on the full impact of your injury. A brain injury lawyer experienced in traumatic brain injury lawsuits understands how to value your claim based on the injury’s severity and its impact on your life.
Why You Need Experienced Legal Support for Brain Injury Claims
The legal system can feel overwhelming, especially while coping with a traumatic brain injury. Insurance companies may delay or deny claims, hoping injured parties will give up. This is where you will need an experienced brain injury lawyer.
An experienced brain injury lawyer provides legal support by:
- Explaining complex legal terms and processes in simple language
- Helping you gather evidence like medical documentation and accident reports
- Representing you in negotiations or court to pursue compensation
- Ensuring all legal deadlines are met to protect your claim
You deserve legal representation that understands the unique challenges of brain injury cases and fights for your rights.
Protect Your Rights by Acting Quickly
Traumatic brain injury cases require prompt action. You must file your brain injury lawsuit within the statute of limitations to avoid losing your right to compensation. Seek medical attention immediately after injury to document your symptoms and begin treatment. Gather evidence with the help of a trusted legal team to establish negligence and build a strong, valid legal claim.
If you or a family member suffers a brain injury due to someone else’s negligence, the Bourassa Law Group is here to guide you through the legal process with compassion and expertise. Contact us today for a free consultation to discuss your traumatic brain injury case and pursue the justice you deserve.
1-800-870-8910