Tuesday, July 27, 2010

Selecting a Lawyer For Your Traumatic Brain Injury Case

Suffering a serious traumatic brain injury as a result of an accident creates no end of challenge for you and your family. In many instances, one of the important issues you will have to consider is whether to hire a lawyer to advance a lawsuit.

As you know, many of the symptoms of a traumatic brain injury can impact decision-making. Some of these symptoms may include short-term or long-term memory loss and slowed ability to process information. In many cases, the symptoms of a brain injury can also mask the need for a lawyer. For example, some accident victims suffer a denial of their injury-related deficits. A trusted family member or friend may be invaluable as you consider who to hire as your lawyer.

When you do decide to proceed with hiring a lawyer, there are a number of important considerations. For example:

*Experience: You should find out from the lawyer you are considering how many brain injury cases he or she has handled. How severe were the person's injuries in the other cases? What was the outcome? Keep in mind when you are asking these questions that sometimes the outcome in dollars depends on the maximum amount of money available under an insurance policy.

*The Team: A brain injury case involves a team that is prepared to work up all aspects of the case, not just the legal arguments. Ask the lawyer who they have on their team who will be working on the file. Experienced accident law clerks and insurance specialists are key members of your lawyer's team.

*Personality: You will need a lawyer who understands the special needs of a brain injured person. You may have special emotional and cognitive needs that a lawyer has to be able to accommodate. Based on your meeting with the lawyer, does it seem like a good personality fit?

*Information: When you are faced with a claim for any injury, you will probably have questions. Sometimes you may feel insecure or nervous about the process. A lawyer who has written information about the process and will give you that information without cost is very desirable. That way you can read up on the process on your own time.

*Tenacity: While most accident claims settle out of court, sometimes it is necessary to go to trial. Make sure from the outset that the lawyer you are seeing is prepared to do a trial if required. Your bargaining position may be compromised if you have to change lawyers in order to go to trial.

Following these suggestions will go a long way to helping you hire the right lawyer for your brain injury accident case.

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