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Factors To Consider When Hiring a Traumatic Brain Injury Lawyer
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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 accidents, motorcycle accidents, 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.
Questions to Ask Before Hiring a Traumatic Brain Injury Lawyer
Because traumatic brain injury cases often involve medical proof, expert witnesses, future-care needs, and disputed symptoms, the lawyer you choose should be able to explain how the case will be built from the beginning.
Factors to Consider When Choosing a TBI Lawyer
The table below expands on the main hiring factors discussed in this article and turns them into practical questions to ask before signing a fee agreement.
| Hiring Factor | Questions to Ask the Lawyer | Why It Matters in a Brain Injury Case |
|---|---|---|
| TBI case experience | Have you handled traumatic brain injury cases involving symptoms, treatment, and long-term limitations similar to mine? | TBI claims can involve headaches, memory issues, dizziness, mood changes, cognitive symptoms, work limitations, and future medical needs that must be documented carefully. |
| Track record and trial readiness | Have you taken serious injury cases to trial, and how do you prepare if the insurance company refuses to offer fair compensation? | Many cases settle, but serious TBI cases may require pressure from trial preparation, expert reports, depositions, and a clear damages presentation. |
| Medical and expert resources | What experts might be needed in my case, and does your firm work with neurologists, life-care planners, economists, or accident reconstruction specialists? | Brain injury cases often require expert support to explain how the injury happened, how symptoms affect daily life, and what care may be needed in the future. |
| Fee and expense structure | Do you work on a contingency fee, who advances case expenses, and how are expert fees, record costs, and investigation costs handled? | TBI cases can be expensive to investigate. The fee agreement should explain attorney fees, litigation expenses, expert costs, and what happens if the case does not recover money. |
| Communication and accessibility | Who will update me, how often will I hear from the firm, and can I contact the lawyer directly if there is a major development? | TBI clients may have appointments, changing symptoms, work restrictions, and family concerns. Communication should be clear, consistent, and not handled like a volume settlement file. |
| Support staff and availability | Who will collect records, track bills, request insurance information, and help organize the documents needed to prove the claim? | A strong support team matters because serious injury cases often involve hospitals, specialists, therapy providers, insurers, employers, and multiple records requests. |
Match the Lawyer to How the Brain Injury Happened
Not every TBI claim is handled the same way. The right lawyer depends partly on how the injury occurred and which legal process applies.
| How the TBI Happened | Type of Lawyer to Look For | Key Issues to Discuss | Related Resource |
|---|---|---|---|
| Car accident | Motor vehicle accident lawyer with serious injury and TBI experience. | Driver fault, insurance coverage, uninsured or underinsured motorist coverage, crash reconstruction, medical causation, and future care needs. | Car Accident Lawyer |
| Motorcycle accident | Motorcycle accident lawyer familiar with severe head, spine, and orthopedic injuries. | Driver visibility, lane changes, helmet issues, road conditions, witness statements, and insurance company bias against riders. | Motorcycle Accident Lawyer |
| Bicycle accident | Bicycle accident lawyer with experience investigating roadway, vehicle, and visibility issues. | Bike lane use, unsafe turns, dooring, traffic signals, helmet damage, road defects, and crash-scene evidence. | Bicycle Accident Lawyer |
| Work-related fall or jobsite injury | Workers’ compensation lawyer who understands TBI symptoms and work restrictions. | Workers’ compensation benefits, medical authorization, wage benefits, return-to-work restrictions, and whether a third-party claim also exists. | Workplace Injury Attorney |
| Medical mistake | Medical malpractice lawyer who can evaluate the standard of care and medical causation. | Surgical error, anesthesia mistake, medication error, failure to monitor oxygen levels, delayed diagnosis, expert review, and complete medical records. | Medical Malpractice Attorney |
| Falling object, assault, or violence | Personal injury lawyer who can identify all possible responsible parties and insurance sources. | Premises security, property ownership, witness statements, video footage, police reports, criminal case overlap, and whether a business or third party may be responsible. | Personal Injury Lawyer |
What a TBI Lawyer Should Help Document
Brain injury claims are often disputed because symptoms may be invisible, change over time, or overlap with other medical issues. A lawyer handling this type of case should know what records and testimony help show the full impact of the injury.
| Area of Impact | Examples to Document | Helpful Evidence |
|---|---|---|
| Cognitive changes | Memory problems, concentration issues, confusion, difficulty processing information, or trouble completing tasks. | Neurology records, neuropsychological testing, therapy notes, family observations, work-performance records, and symptom journals. |
| Physical symptoms | Headaches, dizziness, nausea, balance problems, vision issues, sleep disruption, sensitivity to light or sound, or seizure concerns. | Emergency records, imaging reports, specialist records, medication lists, physical therapy notes, and follow-up care records. |
| Emotional and behavioral changes | Anxiety, depression, irritability, mood swings, personality changes, social withdrawal, or difficulty managing stress. | Mental health records, family statements, counseling notes, medication records, and before-and-after descriptions from people who know the injured person. |
| Work and daily life limitations | Reduced work hours, inability to return to the same job, driving restrictions, need for supervision, household limitations, or loss of independence. | Employer records, wage records, work restrictions, vocational expert review, family testimony, and life-care planning evidence. |
What to Bring to a TBI Lawyer Consultation
Accident or incident documents
Bring police reports, incident reports, crash photos, workplace reports, property information, witness names, and any video or photo evidence.
Medical records and bills
Bring ER records, imaging reports, hospital records, neurology records, therapy notes, prescriptions, referrals, and all related bills.
Insurance and employment records
Bring insurance letters, claim numbers, adjuster contact information, pay stubs, tax records, work restriction notes, and disability paperwork.
Symptom and family notes
Bring a timeline of symptoms, appointments, missed activities, personality changes, sleep issues, headaches, memory problems, and family observations.
Related Brain Injury and Accident Resources
Frequently Asked Questions About Hiring a TBI Lawyer
What should I ask a traumatic brain injury lawyer before hiring them?
Ask whether the lawyer has handled traumatic brain injury cases before, what experts may be needed, how case expenses are handled, whether the lawyer prepares cases for trial, and how the firm will keep you updated.
Why does TBI experience matter when choosing a lawyer?
TBI cases can involve symptoms that are hard to see, such as memory problems, headaches, cognitive changes, mood changes, dizziness, or work limitations. A lawyer with TBI experience should understand how to document those issues and connect them to the incident.
What type of lawyer should I hire if my TBI happened at work?
If the brain injury happened while working, a workers’ compensation lawyer may be needed. Depending on the facts, there may also be a separate third-party injury claim if someone other than the employer contributed to the injury.
What if a brain injury was caused by medical malpractice?
If the TBI may have been caused by surgical error, anesthesia error, medication error, oxygen loss, poor monitoring, or another medical mistake, the case should be reviewed by a medical malpractice lawyer with experience evaluating medical records and expert opinions.
What experts may be used in a TBI case?
Depending on the case, a lawyer may use accident reconstruction specialists, neurologists, neuropsychologists, medical experts, vocational experts, economists, life-care planners, or other professionals to explain liability, symptoms, future care, and lost earning ability.
What documents should I bring to a TBI lawyer consultation?
Bring police reports, incident reports, medical records, imaging reports, hospital bills, insurance letters, employment records, work restrictions, photos, witness information, and a written timeline of symptoms and treatment.
Questions About Hiring a TBI Lawyer?
If you or a loved one suffered a traumatic brain injury in a crash, fall, workplace accident, medical incident, or violent event, Strom Yen Injury Attorneys can review what happened and explain what type of legal claim may apply.
Call: (312) 609-0400
or fill out the Contact Form
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