Many people assume every injury claim follows the same schedule, but like a brain injury itself, the timeline for a brain injury claim rarely fits a predictable pattern. Symptoms change and evolve, doctors adjust treatment plans, and insurers often wait for more documentation before making decisions. These moving parts can affect the progress of your claim.
If you or a loved one has suffered a traumatic brain injury (TBI) claim due to someone else’s carelessness, you deserve to know what factors affect your claim and how much time it could take to receive compensation.
Factors such as your recovery, medical findings, liability questions, and long-term care needs all shape your timeline. An experienced brain injury lawyer can review these details and offer a clearer view of how your case may unfold.
Key Takeaways You Should Know About Brain Injury Cases
- There’s no standard timeline for brain injury claims. The process varies case by case and depends on various factors.
- Medical documentation and expert evaluations are critical to proving long-term brain injury effects.
- Insurance companies often slow the process by disputing the severity of the injury or disputing liability.
- Each state sets its own deadline for filing a personal injury claim, but several exceptions exist that could affect your claim. Never delay seeking legal help.
- A brain injury attorney can handle legal, medical, and insurance-related challenges on your behalf.
The Unique Challenges of Brain Injury Claims
Most personal injury claims depend on proving two things: someone else caused the harm, and the harm resulted in specific losses. Brain injury claims require the same, but with higher stakes and added complications.
Unlike broken bones or visible injuries, TBIs are often called “invisible injuries” because symptoms may be delayed or difficult to detect. Cognitive issues, personality changes, memory loss, and difficulty focusing may take weeks or months to appear, making it harder to show a direct connection between the injury and the accident.
Doctors also face challenges in measuring the full impact of a brain injury early on. This delay in diagnosis or prognosis can add time to the claim. Lawyers often wait for maximum medical improvement (MMI) before pursuing a settlement, which can be longer for brain injury victims.
When the legal team intervenes, they may need to gather a wide range of documentation, including neuroimaging results, psychological evaluations, physical therapy notes, expert testimony, and more. It’s not unusual for the insurance company to contest each of these.
What Affects the Timeline of a Brain Injury Lawsuit?
Several factors can affect how long a brain injury lawsuit takes. These can be medical, legal, or logistical. A combination of these factors usually affects the timeline.
Here are some of the most common influences:
- Severity of the injury: Mild TBIs, like concussions, may resolve faster than severe TBIs requiring surgery or long-term care.
- Clarity of liability: If fault is disputed, legal teams may need to conduct a full investigation, slowing down the process.
- Willingness to settle: Insurance companies may offer low initial settlements or drag out negotiations.
- Medical records and evaluations: Delays in receiving or reviewing diagnostic tests and expert opinions can slow a claim.
- Litigation vs. settlement: Going to trial often adds months, sometimes longer, to the process, but generally leads to higher awards.
These factors often build on each other. For instance, if liability is unclear and the injury is severe, the legal team must gather substantial evidence on both fronts. That work takes time, but it strengthens the case.
What Is the Legal Deadline for Filing a Brain Injury Claim?
Every state has a statute of limitations for personal injury lawsuits. These deadlines dictate how long you have to file a claim after the injury. Most states give you between two and three years.
In New Mexico, the statute of limitations for personal injury claims, including for brain injuries, is three years from the date of the incident. This is outlined in the New Mexico Statutes Annotated § 37-1-8. Missing this deadline can mean losing your right to pursue compensation entirely.
Some exceptions may extend this deadline, such as if the injured person was a minor or mentally incapacitated. However, these situations are rare and should not be relied upon without legal advice. If you’re unsure how the deadline applies to your situation, it’s best to speak with a lawyer as soon as possible.
Signs That Could Extend the Duration of Your Brain Injury Claim
Some claims move forward quickly, especially if liability is obvious and the injury is well-documented. Others may hit speed bumps and roadblocks. An experienced traumatic brain injury attorney will work to keep your case on track. The quicker you get relief, the sooner you can start to move forward.
Below are signs that a brain injury claim may require more time:
- Multiple parties are involved: Cases with multiple drivers, employers, or third parties often take longer to investigate.
- There is limited or conflicting medical evidence: Unclear scans or differing doctor opinions can delay resolution.
- Pre-existing conditions are present: Insurance companies may argue that your symptoms are due to past injuries, not the accident.
- You’re still undergoing treatment: Claims are usually paused until MMI is reached, especially in TBI cases.
- You’re pursuing noneconomic damages: Claims involving pain and suffering, loss of enjoyment, or mental distress may require more evidence and argument.
If any of these situations apply to your case, it's not a reason to give up. But it may be a reason to prepare for a longer process with more documentation and support. Remember, your personal injury lawyer will work to position you for the best possible outcome, which may take more time than settling for less than you need.
Why Do Insurance Companies Often Delay Brain Injury Claims?
Insurance companies are often slow to resolve brain injury claims. That isn’t always due to bad faith practices — though sometimes it is — but more often because of two common issues: they want to minimize payouts, and they often dispute injury severity.
TBI claims typically involve:
- High medical costs
- Long-term treatment plans
- Emotional and cognitive symptoms
- Lost income and future earning potential
These factors can make a claim significantly more expensive than a typical personal injury case. Insurers are incentivized to fight harder. They may request independent medical exams (IMEs), question whether symptoms are related to the injury, or delay approval of key documents.
Because brain injuries don’t always show up clearly in imaging scans, insurers may challenge the injury’s legitimacy or severity. This is where a brain injury lawyer becomes essential if you haven’t already partnered with one. They know how insurance companies operate and can level the playing field, protecting your rights and interests throughout the process.
How Long After a Brain Injury Can You Expect a Settlement?
Brain injury settlements can come quickly or take time, depending on a few major factors:
- Whether you have finished medical treatment
- Whether your lawyer has obtained complete documentation
- Whether the insurer is willing to negotiate fairly
- Whether the case needs to be filed in court
Sometimes, the decision to settle comes down to risk tolerance. A quick offer may mean a faster payout, but it might not cover the full scope of your needs. A longer case may allow for a more accurate settlement, but it may also require patience.
The best timeline is the one that supports a strong claim backed by thorough evidence. A rushed settlement is rarely in your best interest, as it may leave you paying out of pocket for injury-related expenses in the future.
What Steps Are Involved in a Brain Injury Claim?
The process behind a brain injury lawsuit might feel complicated, especially when you’re already managing a long recovery. While the specific steps may vary slightly depending on your state, attorney, and case, the legal timeline for traumatic brain injury cases generally follows a clear structure.
Below is a breakdown of how the process typically unfolds once legal action begins.
Medical treatment and documentation
Your recovery is the starting point. You’ll need detailed records showing diagnosis, symptoms, and long-term prognosis. Imaging scans, physical therapy notes, cognitive assessments, and medication lists all contribute to the foundation of your claim.
Investigation and gathering evidence
Lawyers gather accident reports, medical records, witness statements, and possibly expert testimony to support your case. If fault is disputed, they may bring in accident reconstructionists or review surveillance footage.
Filing the claim and negotiating with insurers
Once the facts are clear and your condition is stable, your attorney will submit a demand to the insurer. This starts the negotiation phase. Insurance companies may make a counteroffer or request more documentation.
Litigation (if necessary)
If the insurance company refuses to offer you a fair deal, your lawyer may file a formal lawsuit. This brings in stages like discovery, depositions, and potentially a trial. However, most brain injury lawsuits settle before trial.
Each stage of the process can move quickly or take longer, depending on your situation. While it’s natural to want closure, taking the time to do things right can result in better long-term outcomes.
Types of Compensation You May Be Able to Pursue
Brain injury cases often involve damages beyond immediate medical bills. These injuries can affect how you think, work, and function for years. That’s why it’s important to look at the full picture of what compensation might include.
Below are common types of compensation associated with traumatic brain injury settlements:
- Medical expenses for hospitalization, imaging scans, neurology visits, and ongoing treatment
- Rehabilitation costs, such as physical therapy, cognitive therapy, and assistive devices
- Lost wages during recovery and future lost earning capacity
- Pain and suffering for both physical and emotional trauma
- Loss of enjoyment of life due to reduced independence or permanent limitations
In cases involving severe TBIs, future care needs may be substantial. A comprehensive claim considers the total cost of care over time, not just the bills you've already received.
How Does New Mexico Law Affect the Brain Injury Claim Timeline?
While the process of filing a brain injury lawsuit is similar across the U.S., state laws do shape what’s possible and when. In New Mexico, there are a few legal rules that can affect your timeline.
Comparative negligence rule
New Mexico follows a pure comparative negligence system under N.M. Stat. § 41-3A-1. If you are partially at fault for the incident, your compensation may be reduced by your percentage of responsibility. This rule may impact timing when insurance companies delay claims by trying to assign blame to the victim. Disputes over fault can stall negotiations until both sides agree on liability.
Government liability deadlines
If your injury was caused by a public employee or government vehicle, you may be subject to additional deadlines. The New Mexico Tort Claims Act requires notice of the claim within 90 days of the injury, under N.M. Stat. § 41-4-16. This shorter window can dramatically affect your timeline if not met.
Three-year statute of limitations
As previously mentioned, New Mexico’s general personal injury deadline is three years. But the earlier you speak with an attorney, the more time they’ll have to build your case, especially if the insurance company is not cooperating.
How a Traumatic Brain Injury Lawyer Can Help Move Things Forward
When you’re recovering from a brain injury, you don’t have time to chase paperwork or argue with an insurance adjuster about symptoms they’ve never experienced. You need someone who understands how the system works and who’s willing to challenge the delays, the low offers, and the doubt.
Here are a few ways a brain injury lawyer will help your case:
- Coordinating medical records and expert evaluations to support your diagnosis.
- Communicating with the insurer on your behalf to avoid delays, confusion, or missteps.
- Building a clear picture of damages, including future care needs and emotional losses.
- Negotiating aggressively for fair compensation, especially when facing lowball offers.
- Filing a lawsuit when necessary, keeping your claim within legal deadlines.
The right attorney helps streamline the process, avoids common delays, and makes sure your claim reflects the full impact of the injury, not just now but for years to come.
FAQs About Brain Injury Claim Timelines
Do I need to wait until I’m fully recovered to start my claim?
No. You don’t need to be fully healed to begin the legal process. However, many lawyers recommend waiting until you've reached maximum medical improvement before accepting a settlement to avoid undervaluing future needs.
What is maximum medical improvement (MMI)?
MMI is the point when your condition has stabilized and further treatment is unlikely to improve your health. It’s often used to determine the full extent of your damages and helps shape the value of your claim.
Can I still file a claim if the injury was diagnosed weeks after the accident?
Yes, delayed diagnosis is common in brain injury cases. As long as there is documentation showing the injury is linked to the original incident, you may still be eligible to file a claim.
What if the insurance company says my brain injury isn’t real?
Unfortunately, this happens. Insurance companies may challenge TBIs that don’t show up clearly on imaging. Your lawyer can bring in neurologists, neuropsychologists, and other experts to support your claim and counter insurance pushback.
Back Your Brain Injury Case with Legal Authority
Brain injuries are unlike other injuries. They’re deeply personal, often invisible, always unpredictable, and frequently misunderstood. Unfortunately, insurance companies often take advantage of all that uncertainty to minimize brain injury claims. Don’t let them escape accountability.
At Gauthier & Maier Law Firm, P.C., our experienced brain injury lawyers can organize your case, deal with the insurance company, and fight for compensation that reflects your long-term needs. We don’t settle for quick, inadequate offers. We fight for your maximum compensation, even if that means taking your case before a judge or jury.
We serve clients in Albuquerque, Los Lunas, and the surrounding areas, providing experienced and proven legal representation for serious personal injury claims, including traumatic brain injuries. We’ve helped families hold negligent parties accountable and recover compensation that supports their future. If you're ready to take the next step, contact us today or call (505) 226-0009 for a free consultation.