A brain injury case moves through six stages: the case review, evidence preservation, medical development, proof of the injury, the demand and negotiation, and a lawsuit if the insurer will not pay what the injury is worth. The stages overlap, and the medicine sets the pace more than anything a lawyer or insurer does.
This page explains what happens at each stage, what you and your family can do to help, and why settling early is usually the most expensive mistake in a brain injury claim.
Stage 1: What happens in the free case review?
The case review answers three questions: who is at fault, how serious the injury looks so far, and what insurance is available to pay a claim. It is free, and it does not commit you to anything.
Bring what you have, but do not wait to gather it. Useful items include the crash or incident report number, photos, the names of witnesses, the insurance cards involved and a list of the doctors seen so far. Family members often join this conversation, because they can describe changes the injured person may not notice.
Stage 2: Which evidence has to be preserved first?
The evidence that disappears fastest comes first: video, vehicle data and witness memory. Store and traffic cameras often record over their footage within days or weeks, and vehicles can be repaired or scrapped.
- Letters asking the other side to preserve video, vehicle data, maintenance records and phone records.
- Police, fire and ambulance reports, including the ambulance run sheet that records confusion or repeated questions at the scene.
- Photos of the scene and the injuries, and names and contact details for witnesses.
- The first emergency room records, including any Glasgow Coma Scale scores.
Deadlines also get calendared at this stage. Most Maryland personal injury lawsuits must be filed within three years of the injury. Claims involving children, government bodies and medical care follow different rules, and some require written notice much sooner.
Talk to Aaron about your brain injury claim.
(240) 443-2430Stage 3: Why does the case follow the medical treatment?
Because the true size of a brain injury is often not known for months. Symptoms such as memory problems, headaches, irritability or trouble at work may only become clear once the person tries to return to normal life.
During this stage the job is to make sure the injury is documented as it unfolds. That means telling every doctor about the accident and every symptom, following up on referrals to neurology or therapy, and keeping a short daily log of symptoms. Gaps in treatment are one of the arguments insurers use most, so the reason for any gap should be recorded.
Medical decisions belong to you and your doctors. A lawyer should never steer treatment. The goal is only to make sure what happens is written down.
Stage 4: How is a brain injury proven?
By lining up several kinds of evidence so that no single weak point sinks the claim. The strongest cases combine medical findings, testing and the people who knew the injured person before and after.
- Neuropsychological testing that measures memory, attention, processing speed and executive function, with checks for effort.
- Imaging where appropriate, such as MRI sequences that can detect small bleeds, read by a neuroradiologist.
- Treating doctors’ records that track symptoms over time.
- Before-and-after witnesses such as family, friends and coworkers.
- Work records that show missed time, changed duties or a lost job.
In serious cases, a life care plan prices the care the person will need in the future, and an economist calculates lost earning capacity. Proving a brain injury covers each piece of evidence in detail.
Talk to Aaron about your brain injury claim.
(240) 443-2430Stage 5: What happens in the demand and negotiation?
Once the medical picture is clear, the claim is presented to the insurer in a demand package: the fault evidence, the medical proof, the losses and the amount that would resolve the claim. The insurer responds, and negotiation follows.
An insurer’s first offer on a brain injury claim is often built on the emergency room chart alone. The demand is where the later testing and the family’s observations change that picture. Brain injury settlements explains what moves the value of a case.
Stage 6: When does a brain injury case go to court?
When the insurer will not offer what the injury is worth, or when a filing deadline is close. Filing a lawsuit does not mean the case will be tried. Many cases resolve during the lawsuit, after the evidence has been exchanged and witnesses have given testimony under oath.
A lawsuit adds formal steps: written questions, document requests, depositions, medical examinations requested by the defense, and sometimes mediation. A case that is prepared for trial from the start is in a stronger position at every one of those steps.
Talk to Aaron about your brain injury claim.
(240) 443-2430How long does a brain injury case take to settle?
There is no standard timeline. The length depends mostly on how long it takes for the injury to be fully understood, and then on whether the insurer disputes fault or the extent of the injury.
Cases with a clear recovery and clear fault can resolve sooner. Cases with lasting cognitive problems, disputed fault or a lawsuit take longer. Settling before the doctors understand the long-term effects can leave out the costs that matter most, and a settlement cannot be reopened later.
Questions people ask
Should I talk to the other driver’s insurance company?
Report the claim, but think twice before giving a recorded statement about fault or your symptoms. Early statements are often used to argue that the injury was minor or that you were partly to blame.
Do I have to wait until I finish treatment to contact a lawyer?
No. The early weeks are when evidence is easiest to preserve. The claim itself is usually presented later, once the medical picture is clear.
Will I have to testify?
If a lawsuit is filed, you may give a deposition, which is testimony under oath outside the courtroom. Most cases resolve without a trial.
What can my family do to help the case?
Write down specific changes you notice, with dates and examples, and keep track of appointments and missed work. Those details are hard to reconstruct months later.
What does it cost to start?
The case review is free, and brain injury cases are handled on a contingency fee, so there is no fee unless we recover. The firm advances the case costs and is repaid only from a recovery.