How Can Insurance Hurdles and Time Limits Impact Your Brain Injury Claim?
Unlike a fracture that appears clearly on an X-ray, a brain injury can be invisible on a standard scan even when real damage exists. Insurance adjusters use this to their advantage, often arguing that a claimant is exaggerating symptoms or that the injury resolved faster than it actually did.
Building a strong brain trauma claim to counter such tactics requires more evidence than you can typically obtain in a single doctor visit, but our attorneys in Boise can help you gather the other proof you need. You may require neuropsychological testing, statements from people who can describe how you have changed, and a treatment history that shows a consistent pattern rather than a one-time complaint.
Under Idaho Code § 5-219, you typically have just two years to file a claim, which can be an especially short timeline in TBI cases where symptoms can take months to fully surface.
Thankfully, state law accounts for situations where an injury leaves someone unable to manage their own legal affairs. Under Idaho Code § 5-230, if a TBI leaves you mentally incapacitated, the statute of limitations can be paused until your capacity is restored, up to a maximum of six years. Once that period ends, or you regain capacity, whichever comes first, the standard two-year filing deadline begins. This protection exists because severe brain trauma can leave someone in no position to pursue a claim right away.
Speak With Our Boise Attorneys About Your Traumatic Brain Injury Claim
Every TBI is different, so every claim requires personalized guidance. If you or someone you love has experienced a brain injury, contact the personal injury lawyers at Parke Gordon Law to tell us your story during a free consultation. A Boise traumatic brain injury lawyer from our team will listen to what has changed since your accident and explain what your claim may involve.