April 17, 2024

Traumatic brain injury (TBI) seriously taxes physically and emotionally. Traumatic brain injury (TBI) causes behavioral and cognitive changes affecting the patient’s ability to perform daily activities. Severe brain injury also leads to a financial burden. While navigating through TBI turmoil and recovery, the last thing a patient should worry about is handling complicated legal trials and proceedings. Hence, you need a competent  brain injury lawyer to make your life easier.

 How to know if you need a brain injury lawyer?

Minor brain injuries can affect the patient for a short period. However, moderate to severe TBI can affect the patient for a lifetime. It is best to approach a brain injury lawyer for any fault caused by an accident. The attorney can help the patient to understand the main factors in the brain injury case, like liability and damages. The brain injury lawyer can help the patient to recover:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Loss of future earning potential
  • Punitive damages, etc.

The cases involving brain injury include a greater deal of negotiations with the insurance companies, lawyers, responsible parties, etc. The timelines play a crucial role as the longer the patient waits to begin the process, it makes it more difficult to justify the TBI claim. A TBI attorney helps in filing the case and getting appropriate compensation for you.

The benefits of working with a brain injury lawyer

A brain injury lawyer can help with:

  • Gathering evidence and building a solid case: The lawyer can help gather evidence by demonstrating how the injury occurred and how it affected the personal life, relationship, career, state of mind, health, etc. of the patient and use this information for presenting the case in the courtroom.
  • Fight for the highest compensation and standard of medical care: TBI causes damage to the health and overall well-being of a person. An experienced brain injury lawyer can help map the damages and fight for the patient’s compensation. In addition, the lawyer ensures the compensation covers all the current medical costs, ongoing expenses related to injury, therapies, medical appointments, transportation, etc. 
  • Support proper diagnosis, treatment, and compensation for TBI: Proper diagnosis and treatment are essential for recovery from TBI. The brain injury lawyer has good connections with physicians, neuropsychologists, TBI specialists, etc., and can refer the patient to them based on the patient’s condition. The proper diagnosis of the damage helps in expediting the process of getting the highest possible compensation from the insurer. 
  • Get compensation for a lifetime in case of permanent disability: TBI can be permanent and can cause irreversible damage to the patient. In such cases, the patient will need lifelong support to live with the damage caused by the injury. In case of permanent damage, the traumatic brain injury attorney ensures that the patient gets the benefit and compensation required for the rest of their life. 

What to ask a brain injury lawyer before hiring them?

The frequently asked question before hiring a brain injury lawyer include:

  • How long has he/she been practicing law and specifically handling brain injury cases?
    Although there are several qualified attorneys, the TBI patient needs to hire an experienced lawyer with the expertise to represent in a traumatic brain injury lawsuit. Therefore, asking the prospective TBI lawyer if they have gone to any trial is crucial.
  • How much time is required for filing the brain injury case?
    In most cases, the state gives a specific timeframe to file a lawsuit from the date of the traumatic brain injury. Suppose the TBI patient waits longer than that, the chances of case dismissal increase. Hence, acting fast and retaining legal counsel is essential, as process and investigations take time.
  • What is the worth of my traumatic brain injury case?
    As no two TBI cases are exactly the same, the compensation amount to recover both financial and non-financial losses varies depending on the injury’s cognitive, physical, and emotional impacts. Again, your attorney can guide you about the case and help to secure your financial future.
  • What are the payment arrangements?
    An excellent attorney understands the financial strain of TBI patients. Hence, it is best to discuss payment options. In addition, if the TBI patient can’t work after the injury, the affordability of an attorney for their services becomes a significant concern. However, the good news is that most traumatic brain injury lawyers offer a free initial consultation, and cases are taken on a contingency fee basis. 

Other vital questions include:

  • Have you handled any TBI cases similar to mine?
  • What if the patient is partially responsible for the accident?
  • What are the requirements for proving the negligence of the defendant in TBI?
  • What is the lawyer’s win rate for brain injury cases?
  • Will my case be a priority for the lawyer or this law firm?

What to expect from your brain injury lawyer?

Sustaining a brain injury is an overwhelming experience for you and your family. However, the right traumatic brain injury lawyer may help you through the legal process and get the funds you need for the medical and emotional assistance you deserve. 

Traumatic brain injury can severely affect the patient and may last lifelong. Therefore, it is essential to hire a lawyer with a specialization in handling brain injury cases. In addition, brain injury cases have a complex legal landscape and thus require hiring an expert in the field. Therefore, it is necessary to ask the relevant question to the lawyer to understand his expertise, experience, and how the lawyer will be able to help with your case.