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Brain Injury Insider

Episode 67: Legal Representation For Brain Injury Survivors

Can any personal injury attorney represent you for a traumatic brain injury? 

Sure, but you may not be obtaining the best legal representation for your case.

Why do I say this?  Because who you choose as your attorney and law firm can make all the difference in the world.

It’s astounding when I review attorney websites, how many attorneys claim to be capable of representing brain injury survivors for their injuries caused by vehicle accidents, unsafe buildings and construction sites, and even medical malpractice.

But a brain injury case differs from most personal injury cases because the damage and consequences from a TBI are complex and requires vast knowledge of the human brain and behavior.

From the outside looking in, a brain injury is difficult to understand, and from the inside looking out, a brain injury is difficult to explain. 

Prosecuting the invisible consequences of a brain injury requires special skill and knowledge often not possessed by a personal injury attorney representing neck and back injured individuals.

Unfortunately, many persons have not received and will not receive adequate compensation for their traumatic brain injuries because they did not have proper legal representation.

A lawyer representing a person and their family for traumatic brain injury should possess knowledge, education, and experience in this area of personal injury litigation.

These cases are difficult and are hotly contested by insurance companies and the attorneys they retain.   Proper preparation is essential.

Persons with a brain injury and their families also need an attorney they can turn to for advice and assistance in navigating their medical and rehabilitation care, their insurance benefits, and government assistance programs. 

Since the results of your lawsuit will have an important and long-term impact upon the quality of your life, determine who the best lawyer is for your brain injury case.

So how do you determine who to retain for your brain injury case?

Here are questions that you can use when considering retaining an attorney for your brain injury case:

  • Q: How many cases like mine have you been involved with as the principal attorney over the past three years?
  • Q:  What percentage of your practice is devoted to representing persons with a traumatic brain injury?
  • Q:  Will you be the attorney handling by brain injury case, or will you be referring it to another lawyer or law firm?
  • Q:  What have been your results in representing persons with cases similar to mine?
  • Q: Have you written and published any articles on traumatic brain injury legal representation?
  • Q: Have you lectured to any bar associations, brain injury associations or other groups about the effective representation of persons who have suffered traumatic brain injury?
  • Q: Do you actively participate in your state's brain injury association?
  • Q: Do you regularly attend conferences and read textbooks and articles about traumatic brain injury?
  • Q: Have you received any professional honors and awards about your representation of persons with a brain injury?
  • Q: Does your firm have the financial resources to advance the funds to properly prosecute my case, if necessary?

Your lawyer needs to take the time to know who you were and what your capabilities were before your accident to understand and appreciate all of your current deficits and cognitive disabilities. 

He or she needs to know information about your employment, your job functions and responsibilities, your job evaluations, and your prospects for promotion. 

He or she need to know friends, co-workers, and supervisors they can contact to get further information.

So, before you retain an attorney for your brain injury case, please do your homework.

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Brain Injury Insider

michael kaplen
Brain Injury Insider is a weekly video update by The Brain Injury Law Firm ®. We cover the latest news and developments in traumatic brain injury, concussion, and brain injury law.