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Factors To Consider When Hiring a Traumatic Brain Injury Lawyer

Hands holding a stethoscope and word 'traumatic brain injury' medical concept

There are various factors to consider when hiring a traumatic brain injury lawyer to handle your case. The TBI attorney you hire should have experience with traumatic brain injury cases that are similar to yours. He or she should also have a successful track record for handling TBI cases, your best interests in mind, and a network of resources to help ensure that you win your claim. 

What Are the Most Important Factors to Consider When Hiring a Traumatic Brain Injury Lawyer?

As the victim of a traumatic brain injury, you may be entitled to a substantial settlement. You only have one chance to recover fair compensation for your losses, however. Choosing a traumatic brain injury lawyer to handle your case is one of the most important decisions you will ever make. 

The injury lawyer you hire plays a significant role in whether you receive enough money to cover all your medical bills, future medical care, lost past and future wages, and pain and suffering. As such, it is critical that you understand the most important factors to consider when hiring a traumatic brain injury lawyer.

Does the Attorney Have Experience with TBI Cases?

Traumatic brain injury cases often give rise to personal injury lawsuits, but they can also result in medical malpractice lawsuits and workers’ compensation claims. They often involve significant injuries, high medical bills, and permanent disabilities that impact the victim’s lifestyle, income, and future needs. Because so much is at stake in a brain injury case, it’s essential to find a lawyer with extensive experience in handling TBI cases. 

Hiring a traumatic brain injury lawyer who is familiar with the terminology used, brain injury causes, and the economic and non-economic impact of such a traumatic injury can help ensure your recovery is optimized.  

Does the Brain Injury Lawyer Have a Track Record of Success in TBI Cases?

When hiring a traumatic brain injury lawyer, be sure to ask about the attorney’s track record with cases that are similar to yours. The lawyer may not be able to share specific case details, but he or she will be able to tell you about success rates with similar cases.

Many traumatic brain injury cases never get to trial. They are settled out of court between lawyers who represent the victim and lawyers and insurance companies who represent the at-fault party. If your case goes to court, however, you’re going to need a traumatic brain injury lawyer who has courtroom experience and a strong track record of winning.

Is an Extensive Network of Resources Available?

Traumatic brain injury cases often require the assistance of various types of experts. Accident reconstructionists may be necessary to help your attorney prove fault for the injury. Medical experts may be needed to explain the severity of the injury and how the injury caused your symptoms. Vocational experts may also be used to testify about your inability to earn an income. As such, it’s important to choose a law firm that has a vast network of resources available. 

Does the Law Firm Offer Personalized Client Services?

When hiring a traumatic brain injury lawyer, pay attention to how you are treated. Not all traumatic brain injury lawyers are equal in Chicago. You can wean out the settlement mill types if you spend some time talking with the attorney and asking a few questions. 

Be sure to ask how you will be kept informed about the progress of your case, and find out if your lawyer will be accessible by phone or email in case you have concerns or questions. Choose a lawyer that you feel comfortable talking to and one who is trustworthy and genuinely concerned about your best interests.

How Much Are Attorney Fees and Case Expenses, and How Are They Paid?

One of the most important factors to consider when hiring a traumatic brain injury lawyer is how much legal representation will cost. Although some traumatic brain injury lawyers charge hourly rates, that type of fee structure is not common for personal injury cases. Instead, most TBI attorneys accept cases on a contingency basis. They don’t charge any upfront fees, and only take a percentage of your award if your case is won. Percentages vary, depending on experience, location, qualification, and success rates. 

Case expenses may also include such things as the fee to hire a private investigator, expert witness fees, the costs of obtaining medical records, and the expense to hire an expert to create a reconstruction of your accident. Case expenses can vary significantly depending on the amount of research your case requires and whether your case proceeds to a court trial or reaches a settlement agreement outside of court.

Other Factors to Consider When Hiring a Traumatic Brain Injury Lawyer

Various other factors are also important when choosing which attorney to hire. These include, but are not limited to:

  • Location
  • Convenience
  • Support Staff
  • Hours of Availability

When Do I Need to Hire a Traumatic Brain Injury Lawyer?

If you suffer a traumatic brain injury caused by another party, you should hire a Chicago brain injury lawyer as soon as possible. Studies show that people who hire experienced injury lawyers to handle their cases recover up to three times more than victims who go it alone. 

What Type of Brain Injury Lawyer Should You Hire?

The type of brain injury attorney you should hire depends largely on how and where your injury occurred. 

Hiring a Worker’s Compensation Lawyer 

If your TBI is caused by a work-related fall, vehicle accident, or another worker, you should look for Illinois common workplace injury attorneys to take your case. Work-related injuries are handled through workers’ compensation claims, rather than personal injury claims, as long as they occur on the workplace premises or while performing normal workplace duties, even if you’re away from the workplace. In Illinois, all workers are entitled to workers’ compensation benefits for job-related injuries, and all employers are required to carry workers’ compensation insurance that covers work-related injuries. If you need help filing a claim, or your work injury claim has been delayed or denied, you should hire a workers’ comp lawyer who has experience in traumatic brain injury cases right away. 

Hiring a Medical Malpractice Lawyer

Some brain injuries are caused by negligent medical care. If you suffered a TBI because of a surgical error, a medication error, a mistake with anesthesia, or another medical mistake, your best bet is to hire a medical malpractice attorney who has handled cases similar to yours. Getting a lawyer on your side early on in the case can help ensure your rights are protected, evidence is preserved, and all parties who contributed to your injuries are held liable. 

Hiring a Car Accident Lawyer

If your TBI was caused by a car accident, you will need to hire a motor vehicle accident lawyer right away. Your car accident attorney will be able to work with investigators, medical experts, and accident reconstruction specialists to help prove liability for your losses. Additionally, your attorney may be able to identify other sources of recovery to optimize your total award. 

What You Should Know About Traumatic Brain Injuries

A traumatic brain injury (TBI) usually results from some type of violent blow or significant jolt to the head or the body. While some injuries are mild with temporary symptoms like bruising and headaches, others are serious enough to cause bleeding in the brain, a fractured skull, and permanent brain damage leading to serious injuries, long-term complications, permanent disabilities, and even death.

The leading causes of brain injury are falls on hard surfaces or fall from heights, vehicle, motorcycle, and bicycle accidents, falling objects that strike the head, and physical violence. Any significant blow to the head can cause a traumatic brain injury, but medical malpractice is a common culprit as well.

The most vulnerable victims of severe TBIs include young children under 4 years of age, young adults between 16 and 24 years of age, and elderly adults over age 65. 

Why Should You Hire a TBI Attorney?

When the stakes are high in a personal injury case, the insurance company will fight harder to minimize payouts or deny liability altogether. Without an experienced attorney on your side, you will be forced to face the insurance company, their claims adjusters, and their lawyers by yourself. 

Recovering compensation won’t alleviate the physical and emotional burdens of your injury, but a substantial financial award can help ensure you have access to the medical care you need to recover. Sustaining a traumatic brain injury can create physical and cognitive injuries and disabilities that impact your lifestyle, your income, and your future. Suffering a TBI can lead to physical impairments that force you to leave your job. As a victim, you may experience significant stress, anxiety, and depression that lead to behavioral changes. You may also be left with permanent disabilities that lead to hospitalization and necessary in-home care. As such, your lawyer’s ability to help you get fair compensation for your losses is one of the most important factors to consider when hiring a traumatic brain injury lawyer. 

As the founder of the firm, Neal has devoted his life to working for the worker. His achievements are numerous and beyond reproach. He is most proud of his work in helping clients obtain valuable benefits, such as a wheelchair ramp to his home or lifetime medical care.

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