By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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The medical clock comes first
The length of a brain injury case is driven by recovery. The CDC says most people with a mild TBI or concussion feel better within a couple of weeks, and that symptoms can change during recovery: headaches and nausea early, then trouble sleeping or feeling more emotional a week or two later. The National Institute of Neurological Disorders and Stroke says a concussion can take minutes to several months to heal and that more serious TBIs can lead to severe and permanent disability.
Research on patients seen at hospital trauma centers shows why lawyers wait. In the TRACK-TBI study of 1,154 patients with mild TBI treated at US level I trauma centers, 87% had not fully recovered at two weeks and 53% still had not at 12 months (Nelson et al., JAMA Neurology, 2019). Those are group results from one study population. They do not predict how any one person will recover.
A release signed while symptoms are still changing usually ends the claim for good. That is the main reason a TBI case moves more slowly than a claim for a sprain, and why the general advice on car accident settlement timing has to stretch for brain injuries.
Filing deadlines in each state
| California | Texas | Washington | |
|---|---|---|---|
| General injury lawsuit | 2 years (CCP § 335.1) | 2 years from when the claim accrues (CPRC § 16.003) | 3 years (RCW 4.16.080) |
| Injured person under 18 | Time before 18 does not count (CCP § 352) | Time before 18 does not count (CPRC § 16.001) | Time before 18 does not count (RCW 4.16.190) |
| Mental incapacity | Time does not run while the person lacks legal capacity when the claim arises (CCP § 352) | “Unsound mind” when the claim accrues pauses the clock; a disability that starts later does not (CPRC § 16.001(d)) | Pauses while the person cannot understand the nature of the proceedings, as determined under chapter 11.130 RCW (RCW 4.16.190) |
Claims against a government agency have much shorter notice rules, often six months. Our page on head injury danger signs has a table of those deadlines. Talks with an insurer do not stop any of these clocks.
How long the court process can take
Once a case is filed, each court system sets goals for how fast it should move.
- California: courts aim to resolve 75% of unlimited civil cases within 12 months of filing, 85% within 18 months and all within 24 months (Standards of Judicial Administration, std. 2.2). Cases designated exceptional are exempt from those goals.
- Texas: the time standard for civil jury cases is disposal “within 18 months from appearance date,” and 12 months for nonjury cases (Rules of Judicial Administration, rule 6.1).
- Washington: in King County Superior Court, the clerk issues a case schedule when most civil cases are filed, with deadlines counted in weeks from filing and from the trial date (King County LCR 4).
These are targets, and individual cases can take longer. Many cases settle during the lawsuit, often after depositions and expert reports, when both sides finally see the same medical picture.
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Steps that add time at the end
Some brain injury cases need court approval before the money can be paid out.
- A child’s claim in California is settled through a petition for court approval, usually on form MC-350, that must disclose everything bearing on whether the compromise is reasonable (Cal. Rules of Court, rule 7.950).
- In Texas, a court appoints a guardian ad litem only when a next friend’s interest appears adverse to the injured party or the parties agree, and that guardian advises the court on whether a proposed settlement serves the injured party’s interest (Tex. R. Civ. P. 173).
- In Washington, settlements for minors and incapacitated persons go to the court for approval, and the settlement guardian ad litem generally has 45 days to file a report (SPR 98.16W).
Medicare adds its own steps. When Medicare paid for injury care, it must be repaid from a settlement or judgment. CMS says its recovery contractor sends a conditional payment letter within 65 days after it issues a rights and responsibilities letter, and the amount can grow while care continues (CMS). Other medical liens are covered on our medical liens page.
What this means for your case
Put the filing deadline on your calendar the day you hire a lawyer, then let the medical picture set the pace inside that window. Keep going to follow-up care, because gaps in treatment slow things down and give the insurer something to argue about. If you cannot work while the case is pending, ask about disability benefits for a brain injury. Once your doctors can describe your future, the value can be measured, as explained in how much a brain injury case is worth. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. More answers are in our injury FAQs.
Common questions
Why is my brain injury case taking so long?
Usually because the injury is still changing, or because records, expert reports or a court date are still pending. Ask your lawyer which step the case is waiting on.
Can I settle before I finish treatment?
You can, but a release usually ends the claim, including for symptoms that appear or worsen later. Waiting until your treating doctors can describe the care you will need protects against that.
Does the deadline stop while I am in treatment?
No. Treatment does not pause the statute of limitations. Exceptions exist for minors and for people who lacked mental capacity, and they differ by state, as the table shows.
How soon after a settlement do I get paid?
That depends on the insurer, on liens and, for children or incapacitated adults, on court approval. Medicare and other lienholders are generally paid from the settlement before the client’s share goes out.
Does a severe brain injury change the deadline?
It can. If the injury left the person unable to understand the proceedings, the rules in the table may pause the clock, though Texas does not pause it for a disability that begins after the clock starts. Our California TBI guide explains the California rule. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win.
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Related pages
Sources
- CDC, Signs and Symptoms of Mild TBI and Concussion (cdc.gov)
- NIH/NINDS, Traumatic Brain Injury (ninds.nih.gov)
- Nelson LD, et al., Recovery after Mild Traumatic Brain Injury in Patients Presenting to US Level I Trauma Centers: A TRA (scholar.usuhs.edu)
- Cal. Code Civ. Proc. § 335.1 (leginfo.legislature.ca.gov)
- Cal. Code Civ. Proc. § 352 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 16.001 (statutes.capitol.texas.gov)
- RCW 4.16.080 (app.leg.wa.gov)
- RCW 4.16.190 (app.leg.wa.gov)
- California Standards of Judicial Administration, standard 2.2 (courts.ca.gov)
- Texas Rules of Judicial Administration, Rule 6.1 (eff. July 1, 2026) (txcourts.gov)
- King County Superior Court Local Civil Rule 4 (kingcounty.gov)
- California Rules of Court, rule 7.950 (courts.ca.gov)
- Supreme Court of Texas, Misc. Docket No. 05-9021 (amended Tex. R. Civ. P. 173) (TxCourts.gov)
- Washington Superior Court Special Proceedings Rule 98.16W (courts.wa.gov)
- CMS, Medicare's Recovery Process (cms.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.