Suffering from a traumatic brain injury can be very frustrating since there are a lot of things to deal with. That is why it only makes sense that your attorney should move forward on your case – and at least get the claim filed already.
However, it might help ease your frustrations to understand that if your attorney isn’t rushing to file your case, he or she probably has a very good reason for waiting. As a matter of fact, rushing to file your claim could actually hurt your chances of being fully compensated in the future because of the unique nature of TBIs and how the recovery from one progresses.
Improvement from brain injuries happens usually within the first six months after the injury. There’s usually a considerable slowdown in progress after that, even though the typical TBI victim will continue to see improvements for up to two years after being injured. There are no hard-and-fast rules, however, with TBIs because each person’s injury and recovery is unique. Some symptoms of a TBI—like problems with impulse control or depression—may not even manifest themselves right away. That is why patience is important when completely understanding the level of someone’s injury.
Usually, attorneys also wait for you to reach a state of maximum medical improvement or a point where you can no longer get significantly better. This does not mean that your need for medical treatment or care has stopped. instead, it’s the starting point your attorney may need to adequately put a value on your claim. It will help show what type of ongoing medical care you’ll need and what limitations you’ll likely have to endure for the rest of your life. This can be used by your attorney to calculate the expenses you need for the damages.
As we know it, it is your attorney’s job to get you the maximum amount of money you should receive for your injuries. However, you should also keep in mind that your attorney isn’t being lax by not filing your claim immediately. Your attorney needs to be strategic- to protect your interests by avoiding a rush to a premature settlement during the early and most promising stages of recovery after a TBI—because that amount of money may turn out to be far less than you need to secure your future.