After a Brain Injury: What to Expect Legally

Once you know that you or a loved one has been the victim of medical negligence, you may know you have a legal claim but you may still have many questions. For example, you may not know what to expect from working with an attorney, filing a legal claim, or knowing if your case will settle or go to trial. Here, we hope to answer some of your questions and to provide you with more information about what you can expect from the legal process following a brain injury caused by medical malpractice.

What to Expect When Pursing a Legal Claim

  • Gavel and folder with medical lawsuit printed on itWorking with an attorney. If a brain injury occurred as a result of medical negligence, it is critical to get an attorney involved as soon as possible. A lawyer will know what to do, how to request your medical records, what laws apply, and how to help you in the best way possible. However, not any attorney will do. It is essential to your case that you find a lawyer who is experienced in medical malpractice law and has helped represent brain injury victims.
  • How long do I have to file a claim? In Virginia, the deadline to file a medical malpractice case is two years, in Washington D.C., it is three years. Although you may choose to not file a claim immediately as you wait for your loved one to reach maximum medical improvement, it is still wise to contact an attorney at the beginning of a case so that your attorney can gather the necessary information and let the other side know you will be filing a legal claim.
  • Will my case settle or go to trial? Most injury cases typically settle out of court. This is because going to trial can be more expensive for both parties and will take longer; however, sometimes going to court is necessary, such as when the other side isn’t willing to provide a fair settlement for the wrongs that have occurred.

To find out more about pursuing a legal claim or to get more of your questions answered, please request a free copy of our book, Do I Have a Case? A Patient’s Guide to Virginia Medical Negligence Law.