If you are a loved one are one of the thousands of people in the United States each year who has suffered a traumatic brain injury (TBI), how should you chose the right lawyer to represent you? Such a lawyer needs a unique combination of compassion, skill, experience, resources and determination.
1
Make sure you can understand the lawyer
Discussions about cases involving traumatic brain injury (TBI) typically involve a lot of complex medical and legal terms that an average person will not necessarily understand (e.g. epidural, subdural and intracerebral hemorrhages, excitotoxicity, hypoxia, anoxia, ischemic brain injury, hydrocephalus, neurophysiological testing). Some lawyers use such terms without explaining their meaning in order to sound like more of an authority, to avoid answering a question, or simply because it does not occur to the lawyer that an explanation is necessary. Your lawyer should be able to explain complex medical and legal terms using plain language, and should answer direct questions with direct answers. If a lawyer cannot explain your case to you using language you can understand, you should question whether that lawyer can explain your case to a jury.
2
Ask how many TBI cases the lawyer has handled.
EIther out of a sincere but misguided desire to help, or for selfish reasons, some lawyers will act like they are capable of representing you even though they have little or no experience handling TBI cases. You don't want your case to be the one on which a lawyer learns how to handle a brain injury case. Large insurance companies with huge budgets for legal defense costs hire bright, often ruthless lawyers to defend their interests. A lawyer who has handled brain injury cases will be familiar with the defenses, tricks, and legal theories that such lawyers use, and will know how to deal with them. The law in several areas important to brain injury cases is constantly evolving, and new advances in medical technology imact the way a case should be prepared and presented. Only a lawyer who regularly practices in the area by handling cases and attending seminars on such topics will be familiar with those changes and prepared to deal with them.
3
Find out how many cases the lawyer handles at any one time
Many personal injury lawyers handle a large volume of cases at once, with injuries ranging from minor cuts, bruises and scrapes to catastrophic injury and death. There is nothing inherently wrong with a lawyer handling a large volume of cases, so long as the lawyer can give each case the effort and attention it deserves. However, because of the complexity of TBI cases, it is unlikely that a lawyer already handling cases for 100 other clients is going to be able to give you the personal attention your case needs and deserves. Also, some lawyers delegate responsibility for communicating with clients to assistants in order to be able to take on more cases. While there is nothing wrong with using paralegals and legal assistants to perform appropriate tasks, certain functions should not be delegated in TBI cases. If a lawyer is not prepared to commit to personally returning your calls within a reasonable time (a day or two), you may not have the right lawyer.
4
Observe whether the lawyer exhibits signs of patience and compassion.
Clients who have suffered brain injuries need personal attention. In addition to impairments caused by the injury itself, it is not uncommon for both the injured person and close friends and family to struggle with feelings of anger, frustration, irritability, rage, anxiety, and/or depression. The injury can cause devastating effects on relationships. Frequently spouses feel as if they are no longer married to the same person, and divorce is common. An attorney needs to understand that you and those close to you are not at your best, and must have the pateince to listen and to make an effort to fully understand the impact your injury has had on all aspects of your life. The lawyer needs to be prepared to spend time educating the client and his or her family on the injury and the legal process, and should show genuine empathy for the client. If the lawyer does not appear sincere to you, he or she may not appear sincere to a jury.
5
Ask yourself whether the lawyer appears to understand brain injury.
Brain injury cases require an understanding of the science of brain injury. Ask the lawyer whether he or she has read books on the subject of brain injury, and whether he or she has attended and/or presented at professional serminars and conferences specifically devoted to brain injury. A lawyer who handles TBI cases should be familiar with and able to explain the anatomy of the brain and the mechanisms of brain injury. Medical experts classify TBI as mild, moderate or severe. A lawyer should be familiar with these classifications and should have a basic understanding of the diagnostic criteria and neuropsychological testing used to classify and quantify the injury. The lawyer should also be prepared to work hand in hand with treating physicians as part of a team with the common goal of omproving the injured person's quality of life.
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