Recovering from a brain injury is rarely straightforward. The physical, emotional, and financial challenges these elusive and often unpredictable injuries can last for months or even years. If your injury was caused by someone else’s negligence, pursuing a claim is essential for covering medical costs, lost income, long-term care needs, and other expenses that may help you reclaim your quality of life.
One of the first questions many brain injury victims ask is: “How long will my claim take?” The truth is, there’s no one-size-fits-all answer. The timeline depends on several factors, from your medical recovery to the insurance company’s willingness to negotiate. An experienced Austin brain injury lawyer will guide you through every step and handle the legal details. Let’s examine the key factors influencing how long a brain injury claim takes.
Key Takeaways
- The timeline for a brain injury claim depends on medical recovery, liability, insurance negotiations, and legal proceedings.
- Waiting until maximum medical improvement helps ensure future needs are included in your settlement.
- Strong evidence and cooperation from the insurer can shorten the process.
- Trials take longer but may result in higher awards if successful.
- The long-term medical, financial, and emotional costs should be considered before resolving your case.
- Having an experienced brain injury lawyer in Texas can help protect your rights at every stage.
Why Brain Injury Claims Take Time
Brain injuries are unlike many other personal injury cases because they often involve ongoing medical treatment, evolving symptoms, and uncertain long-term outcomes. That means your lawyer can’t simply add up your hospital bills and submit a demand the next week. Your claim needs to reflect not just what has already happened, but what your future will look like.
Several realities make these claims take longer than you might expect:
- Medical stability matters: Doctors often wait to give a full prognosis until you reach maximum medical improvement (MMI), meaning your condition is unlikely to change significantly. Settling before this point can leave you without the funds to pay for future care.
- Symptoms can develop over time: Memory issues, vision problems, mood changes, and cognitive impairments may appear weeks or months after the accident. Your legal team needs this full picture before calculating damages.
- Multiple experts are involved: Brain injury cases often require opinions from neurologists, neuropsychologists, rehabilitation specialists, and sometimes accident reconstruction professionals to connect the injury to the incident.
- Insurance companies may dispute claims: Because brain injuries are sometimes invisible on scans, insurers may challenge the severity or cause of your symptoms, leading to prolonged negotiation or litigation.
- Texas legal deadlines still apply: Under the Texas statute of limitations for personal injury cases, you generally have two years to file a lawsuit. But investigation, evidence gathering, and expert review can take months, so waiting before taking legal action is risky.
The more complete and well-supported your medical and legal documentation, the stronger your case, and that usually requires considerable time.
The First Steps After a Brain Injury
The timeline for your claim starts the day the injury occurs. The most important first step is to seek immediate medical attention, even if you initially feel fine. Brain injuries can worsen over time, and early evaluation creates medical records that are vital to your case.
Once your condition is stable, consult an experienced brain injury attorney as soon as possible to protect your claim. Early legal involvement allows your lawyer to:
- Preserve evidence before it’s lost or destroyed
- Collect witness statements while memories are clear
- Meet all deadlines under Texas law
For example, if the driver of a commercial truck or delivery van caused your injury, accident reconstruction specialists may need to examine the scene quickly, before vehicles are moved or road conditions change.
What Happens During the Claim Process?
Most brain injury cases follow a general sequence, although each stage can vary in length.
Case evaluation and attorney engagement
This stage typically takes one to two weeks. You’ll meet with a lawyer to discuss the facts, your injuries, and your goals. If they take your case, you’ll sign a representation agreement so they can begin work immediately.
Investigation and evidence gathering
This can last from two to six months. Your legal team will collect medical records, accident reports, photos, videos, and witness statements. They may also consult with medical professionals and accident reconstruction specialists to better understand the cause and impact of your injury.
Medical treatment and recovery
In many brain injury claims, settlement discussions don’t start until you reach maximum medical improvement (MMI), the point where your condition is not expected to improve further. This ensures future medical expenses, lost earning capacity, and other long-term damages are accurately calculated.
Negotiation with the insurance company
Once your lawyer has a complete picture of your damages, they will send a demand letter to the at-fault party’s insurer. Negotiations can take weeks or months, depending on the insurer’s cooperation.
Filing a lawsuit if needed
If settlement talks stall, your lawyer may recommend filing a lawsuit. Litigation adds time but can be necessary to secure fair compensation. In Texas, personal injury lawsuits can take a year or more to resolve once filed, especially if they go to trial.
Factors that influence how long a brain injury claim takes
Even when two people have similar injuries, their cases may move at very different speeds. Some of the main factors include:
Severity of the injury
The more significant the brain injury, the longer it may take to fully understand its impact. Ongoing treatment, rehabilitation, and assessment of permanent disability all extend the timeline.
Clarity of liability
If fault for the accident is clear, such as in a drunk driving crash, claims may resolve faster. Disputed or shared liability often requires more investigation and input from accident reconstructionists and other experts.
Cooperation from the insurance company
Many insurance companies delay, dispute, or make low settlement offers, forcing the case into litigation.
Availability of evidence
Complete, well-documented medical records, accident reports, and witness statements help speed up the process. Missing or conflicting evidence causes delays.
Court schedules and legal procedures
If a lawsuit is filed, court availability, discovery disputes, and pretrial motions can all slow progress.
Why Medical Recovery Affects the Claim Timeline
Unlike other injury cases, brain injury claims often hinge on long-term prognosis. That’s why lawyers typically recommend waiting until you’ve reached MMI before finalizing a settlement. Settling too early could leave you without the funds to cover future medical needs.
Symptoms of a brain injury can change or worsen over time, even when the initial diagnosis seemed less serious. The U.S. Centers for Disease Control and Prevention (CDC) notes that a so-called “mild” traumatic brain injury can still cause headaches, memory issues, and mood changes for years. In other words, the label “mild” refers only to the initial presentation, not to your outcome.
The Role of Your Brain Injury Lawyer
Throughout the process, your attorney will:
- Manage communications with the insurance company.
- Gather and organize medical documentation.
- Work with medical experts to assess long-term needs.
- Develop a legal strategy for settlement or trial.
- Keep you informed and answer questions about the legal process.
A dedicated legal team can also help coordinate with your healthcare providers, ensure deadlines are met, and protect your right to recover full compensation.
Settlement Vs. Trial: How It Affects the Timeline
One of the biggest decisions in your case will be whether to accept a settlement or take your claim to trial. Each option has benefits and trade-offs when it comes to timing.
Settlements
Many brain injury claims are resolved through settlement. This can shorten the process significantly, often wrapping up within weeks or months once both sides agree on fair terms. Settlements also give you more control—you know exactly what compensation you’ll receive, and you avoid the stress and expense of trial.
Trials
If negotiations fail, your case may move into litigation. In Texas, a contested personal injury trial can take a year or more to reach the courtroom, especially in busier counties like Travis, Bexar, Bell, and McLennan. Trials do carry uncertainty. Jury verdicts can result in higher awards or no recovery at all, but with the right personal injury lawyer and a strong case, they can deliver the justice and compensation you need.
Your attorney will help weigh these options, considering the strength of your evidence, the insurance company’s position, and your own needs and preferences.
Long-Term Considerations in Brain Injury Claims
When a brain injury is serious, the claim must address more than current medical bills. A comprehensive settlement or verdict should also consider:
- Future medical treatment, such as ongoing therapy, neurological care, or rehabilitation.
- Assistive devices or home modifications, like wheelchair ramps or specialized equipment.
- Lost earning capacity if the injury prevents you from returning to your former work.
- Caregiving needs, whether part-time assistance or full-time in-home care.
- Mental health support to address depression, anxiety, or behavioral changes.
These long-term costs often require input from medical professionals, life care planners, and vocational experts. Taking the time to account for these costs now helps build a stronger claim that can safeguard your financial stability for years to come.
The Emotional Side of the Process
While the legal aspects are important, recognizing the emotional journey that comes with a brain injury claim is just as important. You may be adjusting to physical limitations, memory changes, or altered relationships.
Legal proceedings can feel slow, especially when you’re eager to move forward. It’s common to experience frustration during this stage. Knowing in advance that the process takes time and that delays are often necessary to secure full and fair compensation can help you maintain perspective.
Support from family, friends, and healthcare providers can make a significant difference during this period. Some clients also benefit from brain injury support groups, which can provide both emotional understanding and practical resources.
FAQs About Brain Injury Claim Timelines
How long do I have to file a brain injury claim in Texas?
In most cases, you have two years from the date of injury under the Texas statute of limitations for personal injury claims (Texas Civil Practice & Remedies Code § 16.003). If the injured person is a minor or if the injury was not discovered right away, there may be exceptions.
What if I’m partly at fault for the accident?
Texas follows a modified comparative fault rule under Texas Civil Practice & Remedies Code § 33.001. You can still recover compensation if you were less than 51% at fault, but your award will be reduced by your percentage of fault.
Can I start my claim before finishing medical treatment?
Yes, but many attorneys recommend waiting until you reach maximum medical improvement so your damages are accurately calculated.
Will my claim settle faster if liability is clear?
Often, yes. If the at-fault party’s responsibility is undisputed and your damages are well-documented, the insurer may be more willing to settle quickly.
Do brain injury claims always go to court?
No. Many claims are resolved through settlement negotiations without a lawsuit. Going to court is typically a last resort when the insurer refuses to offer fair compensation.
Talk to a Texas Brain Injury Lawyer Today
If you or someone you love has suffered a brain injury because of another person’s negligence, you don’t have to manage the legal process while recovering. Lorenz & Lorenz, PLLC has advocated for injured Texans since 2001, helping clients secure full and fair compensation for medical expenses, lost income, long-term care, and more.
We handle brain injury cases throughout Central Texas, including Austin, San Antonio, Waco, Killeen, and Temple. When you work with our team, you get the experience and dedication of a trusted Austin personal injury lawyer who knows how to take on insurance companies and fight for the compensation you deserve.
- Nearly two decades of experience in Texas personal injury law.
- A proven record of results for accident victims.
- Direct attorney access and personalized case attention.
- No upfront costs—we only get paid if we win your case.
Call (512) 477-7333 or contact us online to schedule your free consultation. The sooner we get started, the sooner we can begin building the strongest case possible for your recovery.
