What is the Statute of Limitations for Brain Injury Claims?

A sudden and violent jolt to the head, and everything changes. Brain injuries can leave victims and their families in a state of shock and confusion, grappling with unforeseen challenges and uncertainties about the future. In these moments of vulnerability, it’s crucial to consider legal support from a New York personal injury lawyer, and that’s where we step in.

Morelli Law is well-equipped to help navigate the complexities of brain injury lawsuits, ensuring victims get the compensation they need and deserve.

The statute of limitations for brain injuries varies depending on your state. Ahead, our team will outline what you need to know about the statutes of limitations and highlight why immediate action is vital.

Statutes of Limitations for Brain Injury Lawsuits: State-by-State Guide

The statute of limitations varies from state to state. In some states, you only have two years to file, while others may give you a cushion of five years. Here is a breakdown of what the statute of limitations is for some of the states we serve.

New York

In New York, the clock starts ticking from the moment the injury occurs, generally giving you three years to file your lawsuit. However, if the responsible party is a government entity, you must file a notice of claim within 90 days.

New Jersey

New Jersey typically offers a two-year timeframe for filing a brain injury lawsuit. Like New York, if your claim is against a government-operated entity, you’ll need to submit a notice of claim within 90 days. In cases of wrongful death resulting from a brain injury, you have two years from the date of death to file your claim.

Pennsylvania

In Pennsylvania, victims have two years to initiate legal action. Special circumstances, such as when the victim is a minor, might extend this timeframe, providing some flexibility.

Illinois

The statute of limitations for brain injury claims in Illinois is usually two years. This timeline also applies to wrongful death claims following a brain injury, starting from the date of death.

Missouri

Missouri offers a more extended period for filing a brain injury lawsuit, setting the limit at five years. For wrongful death claims resulting from a brain injury, the statute of limitations is three years from the date of death.

How a Lawyer Can Help in Your Brain Injury Lawsuit

You may be wondering whether you even have a valid brain injury claim and, if so, what the next steps might be. The best way to know for sure is to talk to a lawyer. Here are some of the steps we’ll take to validate your claim and pursue justice.

Immediate and Thorough Investigation

Once we take on your case, our immediate focus is a thorough investigation. We gather evidence, talk to witnesses, and start building a solid foundation for your claim. This initial phase is crucial, as it sets the tone for the entire legal process.

Clear Communication and Negotiation

Communication is key. We ensure all parties involved are aware of your claim and your rights. Our team handles negotiations with a sharp focus, aiming to secure a fair settlement on your behalf. If a settlement proves elusive, we are prepared to take your case to court, fighting relentlessly for your rights.

Experience in the Field

We know brain injury law inside out. We’ve dealt with countless cases, helping victims and their families secure the compensation they deserve. Our knowledge and experience mean we’re well-equipped to handle the unique challenges your case might present.

Continuous Support and Transparency

Our commitment to you extends far beyond the courtroom. We keep you in the loop, ensuring you grasp every aspect of your case. You can rely on us to guide you through the legal maze, providing support and clarity every step of the way.

Potential Compensation in Brain Injury Lawsuits

The average settlement for a brain injury case can be substantial – typically, at least $100,000, and often much more. The reasons are obvious: medical bills pile up quickly, and if you’re unable to work, losing income adds to the financial strain.

In a brain injury lawsuit, there are several types of compensation you might be entitled to:

• Medical Expenses: This covers everything from hospital bills and medication to physical therapy and any future medical care you might need.
• Lost Wages: If your injury keeps you out of work, compensation for lost wages can help bridge the financial gap.
• Pain and Suffering: Brain injuries can result in significant physical and emotional pain. Compensation for pain and suffering acknowledges this hardship.
• Loss of Enjoyment of Life: If your injury prevents you from enjoying activities you once loved, you might be eligible for compensation.
• Punitive Damages: In cases where the injury was caused by someone else’s negligence or malicious intent, punitive damages could be awarded as a form of punishment.

Contact a Brain Injury Attorney Today

Dealing with a brain injury is challenging, and the legal landscape can be daunting. But you don’t have to face it alone. Morelli Law is here to help. We understand the challenges you’re facing, and we’re committed to helping you secure the compensation you deserve.

Time is of the essence in legal claims, and that’s particularly true for brain injury lawsuits. The statute of limitations sets strict deadlines for filing your claim. Missing these deadlines could mean losing your right to compensation.

Contact us today to start your journey toward recovery and justice. Don’t wait – the clock is ticking, and we’re ready to help now.