How Long Does It Take to Settle a Brain Injury Case in Nevada?

Brain injuries can be life-altering, affecting victims physically, emotionally, and financially. If you or a loved one has suffered a brain injury due to an accident in Nevada, understanding the legal process for obtaining compensation is crucial. One of the most pressing questions victims have is: How long does it take to settle a brain injury claim?

The answer depends on various factors, including the severity of the injury, the complexity of proving damages, and negotiations with insurance companies. This guide breaks down the key aspects of brain injury claims, the legal timelines involved, and what victims can expect during the process.

Factors That Affect the Timeline of a Brain Injury Case

1. Severity of Injury & Recovery Time

Brain injuries range from mild concussions to severe traumatic brain injuries (TBIs) that result in permanent disability. The more severe the injury, the longer it takes to reach a medical prognosis, which is essential for calculating fair compensation.

“Brain injury cases require careful medical assessment. A claim should ideally be filed after the victim’s condition has stabilized to ensure all future medical costs and lost wages are accurately accounted for.”

Severe TBIs may require months or even years of medical treatment before an attorney can

determine the full extent of the victim’s losses.

2. Investigation and Evidence Gathering

A strong brain injury claim relies on clear evidence that establishes liability and quantifies damages. This process includes:

• Medical records documenting the extent of the injury.
• Accident reports to prove fault.
• Witness statements corroborating how the injury occurred.
• Expert testimony from medical professionals regarding long-term effects.

Delays in gathering these critical documents can slow down the claims process.

3. Insurance Company Delays & Negotiations

Insurance companies are notorious for delaying settlements, especially in high-value claims like brain injuries. Adjusters may dispute the severity of the injury, demand excessive documentation, or offer lowball settlements in hopes that victims accept less than they deserve.

“Insurance companies prioritize minimizing payouts. They may delay settlements or challenge medical evidence, making legal representation essential for securing fair compensation.”

Working with an experienced Nevada brain injury attorney can help counter these tactics and push for a timely and fair settlement.

4. Statute of Limitations in Nevada

Nevada law sets a two-year deadline from the date of the accident to file a personal injury lawsuit. Missing this deadline can result in losing the right to compensation.

“Under Nevada law, victims of personal injury—including brain injuries—generally have two years from the accident date to file a claim. Exceptions may apply in cases involving delayed symptoms or claims against government entities.”

Given the time required for medical stabilization and legal negotiations, it is crucial to begin the claims process as early as possible.

Challenges in Brain Injury Claims

1. Proving Long-Term Effects

Unlike physical injuries like broken bones, brain injuries often involve invisible symptoms, such as cognitive impairment, mood changes, and memory loss. Proving these effects can be challenging, requiring extensive medical evaluations and expert testimony.

2. Calculating Economic and Non-Economic Damages

Brain injury claims involve compensation for:

• Medical expenses (immediate and future treatment costs).
• Lost wages and potential loss of future earning capacity.
• Pain and suffering, including emotional distress.
• Loss of enjoyment of life if the injury affects daily activities.

Determining the full value of these damages can take time, especially for victims requiring lifelong care.

3. Nevada’s Comparative Negligence Rule

Nevada follows a modified comparative negligence rule, meaning a victim can only recover damages if their shared fault is less than 51% of the accident. If they are found 51% or more responsible, they receive no compensation.

“Nevada’s 51% Bar Rule states that a plaintiff can recover damages only if their share of fault is less than 51%. If they share fault, their compensation is reduced by their percentage of fault.”

This legal principle can lead to disputes over liability, prolonging the settlement process.

The Legal Process for Brain Injury Claims

Step 1: Filing the Claim

Once medical treatment stabilizes the victim’s condition, an attorney files a claim with the responsible party’s insurance provider.

Step 2: Settlement Negotiations

Negotiations begin after filing, with insurers evaluating medical records and liability evidence. Depending on the complexity of the case, settlements typically take a few months to over

a year.

Step 3: Going to Trial (If Necessary)

If the insurer refuses a fair settlement, the case may go to court, extending the timeline by 1-2 years, depending on court availability.

Average Time Frames for Brain Injury Cases

FAQs: Common Questions About Brain Injury Claims

How long does it take to settle a brain injury claim in Nevada?

It depends on the severity of the injury, negotiations with insurers, and whether the case goes to trial. Simple cases may settle within a year, while complex cases can take several years.

What factors influence the value of a brain injury settlement?

The severity of the injury, long-term medical needs, lost wages, pain and suffering, and comparative fault all play a role in determining compensation.

Can I still file a claim if my brain injury symptoms appear later?

Yes, but delayed symptoms can complicate the case. Seeking medical attention early and consulting a lawyer can help preserve your right to compensation.

What should I do if the insurance company offers a low settlement?

Never accept the first offer without consulting an attorney. Insurers often undervalue brain injury claims, and legal negotiation can result in a fairer settlement.

What happens if the case goes to trial?

If negotiations fail, the case may proceed to trial, where a judge or jury will determine liability and compensation. Trials can extend the timeline but may lead to higher payouts.

How can an attorney help with my brain injury claim?

A skilled lawyer will gather evidence, negotiate with insurers, and take the case to court if necessary to ensure you receive full compensation for your damages.

Conclusion: Protect Your Rights After a Brain Injury

Brain injury claims take time due to the complexity of proving damages, negotiating with insurers, and ensuring victims receive full compensation. Understanding Nevada’s laws, legal timelines, and challenges can help victims prepare for the claims process.

“The right legal representation can make all the difference in securing the compensation you deserve. An experienced Nevada brain injury attorney will fight for your rights and make sure you receive the maximum settlement possible.”

At Gina Corena & Associates, we are dedicated to helping brain injury victims navigate the legal system and recover the compensation they need for medical care, lost income, and long-term recovery. If you or a loved one has suffered a brain injury, seeking legal guidance early can make all the difference in the outcome of your case.