Most Philadelphia brain injury lawsuits take roughly one to three years from filing to resolution; severe or complex cases can take longer.
The exact timeline depends on the severity of the injury and whether the case settles or goes to trial. Most cases move through several predictable stages.
What Are the Stages of a Brain Injury Case in Pennsylvania?
A brain injury lawsuit generally follows a defined path. How far a case proceeds along this path and whether it settles early will directly influence its timeline.
- Investigation and records. Your attorney will gather medical records, accident reports, and other evidence to identify at-fault parties and establish the extent of the harm you suffered.
- Submit a demand to the insurer. Before taking formal legal action, your Philadelphia med mal attorney will usually engage in pre-lawsuit negotiations with the insurer. If the case does not settle at this stage, court action becomes necessary.
- Filing the complaint. The formal lawsuit begins when your attorney files a complaint in court that names the responsible parties.
- Discovery. Here, both sides exchange documents and take depositions to build their case and assess the strengths and weaknesses of both sides. This is often the longest phase of the case.
- Hearings and motions. Before trial, your attorney may file motions and participate in a number of hearings related to evidence and other court matters.
- Expert evaluation. Throughout the case, medical specialists may provide assessments and testimony about your injury and project the cost of future treatment and support.
- Negotiation or mediation. Most cases settle before trial, once the full extent of the injury becomes clear.
- Trial. If the parties cannot reach a fair settlement, the case proceeds to a trial and verdict.
The cases that progress to trial generally take the longest to resolve. In some cases, parties might appeal the trial court result or rulings by a judge, which could add even more time.
What is the Deadline to File a Brain Injury Claim in Pennsylvania?
Pennsylvania law gives injury victims two years to file a lawsuit under 42 Pa.C.S. § 5524. The clock usually starts on the date of injury. In some cases, it may not start until the victim discovers or should have discovered their brain injury and its cause.
If the brain injury resulted from medical negligence, an extra step applies. Under Pennsylvania Rule of Civil Procedure 1042.3, the plaintiff must file a certificate of merit, which is a licensed expert’s written support for the claim, within 60 days of the complaint.
Missing these deadlines and procedural steps can eliminate your right to compensation.
Why Brain Injury Cases in Philadelphia, PA Take Time
Brain injuries are among the slowest cases to value. A claim cannot be measured accurately until the victim reaches maximum medical improvement, i.e., the point at which the condition stabilizes and doctors can assess any lasting impairment. Settling before this point risks leaving future care uncovered.
Rushing the process usually works against you, because the long-term costs of a brain injury are exactly what give the claim its value. If you or a loved one suffered a brain injury caused by another party, a Pennsylvania brain injury attorney can help you pursue compensation and keep your case moving along a reasonable timeline. Call Morris Wilson Knepp Jacquette, P.C. at (610) 825-0500 for a free consultation.