Summary
TBI claims often take longer to resolve than other personal injury lawsuits due to delayed symptoms, complex medical evaluations, and long-term damages. Learn why working with the best brain injury lawyer in Santa Clara helps protect your rights and maximize your compensation after a traumatic brain injury in California.
Recovering from a head injury is challenging enough. But when it comes to TBI claims, the legal process can feel just as overwhelming.
Unlike broken bones or visible wounds, traumatic brain injuries (TBIs) often have delayed symptoms and complex long-term consequences. This makes them harder to diagnose—and even harder to settle quickly.
If you’re pursuing compensation after a serious accident in California, here’s why your TBI claim may take longer than expected, and how working with the best brain injury lawyer in Santa Clara can make a difference.
Why TBI Claims Require More Time and Care
Traumatic brain injuries (TBIs) are unlike most physical injuries. While some symptoms appear immediately, others, like cognitive changes, memory loss, or personality shifts, can surface for weeks or months. That’s a significant reason TBI claims take longer to resolve than other personal injury cases.
Based on data from the International Brain Injury Association, traumatic brain injuries (TBIs) remain a major public health concern in the U.S. Each year, about 1 million individuals receive emergency care for a TBI and are released. At the same time, around 230,000 people have been admitted to hospitals and survived. An estimated 80,000 people are discharged with lasting disabilities, and sadly, 50,000 lose their lives. In total, approximately 5.3 million Americans are living with long-term disability due to brain injury. TBIs are most common among young adults aged 15–24, with increased risk also seen in children under 5 and seniors over 75.
3 Key Reasons TBI Claims Take Longer to Settle
1. Delayed Symptoms and Evolving Diagnoses
- TBIs may not show up on early scans.
- Symptoms like depression, confusion, or mood swings can take time to develop.
- Your medical team may need several months to fully understand the extent of your injury.
2. Complex Medical Evaluations
- TBIs often require assessments from expert witnesses, such as neurologists, neuropsychologists, and other medical professionals.
- These evaluations help determine the extent of cognitive impairments, brain damage, and future care needs.
- Additional testing (such as CT scans) may be needed to confirm the injury and monitor progress.
3. Proving Long-Term Damages
A major part of any TBI claim is establishing the full scope of damages, including:
| Type of Damage | Description |
| Medical Expenses | Emergency care, diagnostic tests, surgeries, and follow-ups |
| Future Medical Costs | Long-term care, therapy, medication, or assisted living |
| Lost Wages | Missed work due to injury and recovery |
| Loss of Earning Capacity | Inability to return to former job or career path |
| Pain and Suffering | Emotional distress, mental anguish, loss of enjoyment in life |
| Punitive Damages | If the injury was caused by gross negligence or reckless conduct |
Our Santa Clara legal team will help you gather medical records, witness statements, and expert opinions to build a solid case. Rushing this process could result in a settlement that doesn’t cover your future needs.
Why Hiring an Experienced Lawyer Is Crucial
Working with the best brain injury lawyer in Santa Clara ensures your case is handled with care and strategy. At Farahi Law Firm’s Santa Clara office, we understand the nuances of brain injuries and the toll they take on your life.
Our award-winning personal injury attorney will:
- Work with expert witnesses and medical experts to document your injury.
- Calculate damages for medical bills, lost wages, and future treatment.
- Negotiate with the insurance company to avoid lowball offers.
- File your personal injury lawsuit on time, protecting your rights under California’s statute of limitations.
Important Note: Every TBI case is different. Some involve car accidents, others result from slip and fall incidents, motorcycle accidents, or work-related injury. Regardless of the cause, it’s best to speak with our experienced attorney to explore your legal options.
How to Strengthen Your TBI Claim
Here are a few actionable steps that can support your case:
- Seek immediate medical treatment, even for mild symptoms.
- Follow all medical treatment plans and attend follow-up appointments.
- Keep copies of medical bills, medical records, and prescriptions.
- Track daily symptoms in a journal to show progression.
- Save all communications with the insurance company.
- Avoid posting about your accident or condition on social media.
Common TBI Claim Questions
How long do TBI claims typically take in Santa Clara?
It depends on the injury’s severity and how quickly a proper diagnosis is made. On average, it can take 12–24+ months.
What should I do if I was hurt in a car accident and later developed memory problems?
If you began experiencing memory issues weeks later, document everything—CT scans, neurologist evaluations, and daily symptoms. Delayed signs are common in traumatic brain injuries. Seek legal advice promptly to preserve your rights and strengthen your TBI claim.
Can I still file if I waited weeks to see a doctor after a slip and fall?
Yes. If symptoms of a head trauma appeared later, California’s delayed discovery rule may still allow you to file a personal injury claim. Our Santa Clara personal injury lawyer can help determine your eligibility based on your case.
Get The Help You Need Today
TBI claims take longer because they demand precision, patience, and deep medical insight. Your future health and finances depend on how well your case is built. That’s why it’s critical to partner with a law firm that understands what’s at stake.
At Farahi Law Firm, we work on a contingency fee basis—you don’t pay unless we win. Whether your injury resulted from a crash, fall, or another accident, we’re ready to fight for the compensation you need to move forward.
Call us for a FREE consultation. We can help you get the medical care you need and the money you deserve so you can focus on your recovery.
