When you or a loved one suffers a traumatic brain injury, selecting the right legal representation can determine whether you receive fair compensation or face financial hardship. According to the New York State Department of Health, nearly 157 incidents of TBIs occur in New York State daily, resulting in death or hospital treatment. With more than 2,200 deaths, 17,000 hospitalizations, and almost 38,000 emergency department visits each year, brain injuries represent one of the most serious personal injury categories.
The financial stakes are enormous. According to the National Center for Biotechnology Information, the average lifetime medical cost per person for a serious brain injury ranges from $85,000 to $3 million, with total annual healthcare costs of nonfatal TBIs exceeding $40.6 billion nationwide. Your choice of attorney directly impacts your ability to recover these costs and secure your future.
This page provides a comprehensive guide to the essential questions you must ask during your initial consultation to ensure you select an attorney with the experience, resources, and commitment necessary to handle your brain injury case effectively.
Key Takeaways
- Experience matters: Ask how many brain injury cases the lawyer has handled and their success rate with similar injuries
- Understand costs: Confirm the fee structure, typically contingency-based in New York, and who pays case expenses
- Know your timeline: New York generally allows three years to file personal injury claims, with exceptions for minors and incapacity
- Assess resources: Verify the firm has access to medical experts and financial capacity to fund expensive TBI litigation
- Evaluate communication: Establish how often you will receive updates and who will handle your case day-to-day
- Review their strategy: Understand how they plan to prove your damages and identify all liable parties
How Much Experience Do You Have With Brain Injury Cases?
Brain injury litigation requires specialized knowledge that extends beyond general personal injury practice. When evaluating an attorney, you need to understand not just their years in practice, but their specific experience with traumatic brain injury cases.
What Percentage of Your Practice Focuses on Brain Injury Cases?
An attorney who dedicates a significant portion of their practice to brain injury cases will have developed relationships with medical experts, understand the nuances of neurological evidence, and know how to present complex medical information to juries. Ask what percentage of their caseload involves TBI claims specifically.
What Results Have You Achieved in Similar Cases?
According to Brain Injury Law, you should ask about the attorney’s track record in achieving successful outcomes for brain injury cases. Request specific examples of cases similar to yours, including settlement amounts or verdict results. While past results do not guarantee future outcomes, they provide insight into the lawyer’s ability to maximize compensation.
Do You Have Trial Experience With Brain Injury Cases?
Many personal injury cases settle before trial, but your attorney must be prepared and willing to go to court if necessary. Insurance companies often test attorneys who rarely try cases. Ask how many brain injury cases the lawyer has taken to trial and their success rate in the courtroom.
Are You Familiar With the Medical Aspects of My Specific Injury?
Brain injuries vary widely in severity and type. Whether you suffered a diffuse axonal injury, contusion, penetrating injury, or anoxic brain damage, your attorney should demonstrate familiarity with the medical terminology, diagnostic procedures, and long-term prognosis associated with your specific condition.
What Is Your Fee Structure and Who Pays Case Costs?
Understanding the financial arrangement with your lawyer protects you from unexpected expenses during an already stressful time. Most brain injury attorneys in New York work on a contingency fee basis, but the details matter significantly.
How Does Contingency Fee Billing Work?
According to Friedman Simon, personal injury lawyers in New York typically charge one-third of the personal injury settlement. However, some attorneys use a sliding scale contingency fee structure: 50% of the first $10,000 recovered, 33% of the next $40,000, and 20% of everything over $50,000.
Clarify which fee structure your potential attorney uses and ensure you understand exactly what percentage they will take from any settlement or verdict. Get this agreement in writing before signing any representation contract.
What Expenses Will I Be Responsible For?
Brain injury cases can be expensive to litigate. According to New York Injury Cases Blog, lawyers who specialize in brain injury accidents may pay as much as $10,000 to $100,000 in expenses related to the case before trial.
These costs typically include:
- Medical record retrieval: Obtaining copies of all hospital records, imaging studies, and physician notes
- Expert witness fees: Hiring neurologists, neuropsychologists, life care planners, and economic experts
- Diagnostic evaluations: Independent medical examinations and neuropsychological testing
- Court filing fees: Costs to file legal documents and motions
- Deposition costs: Court reporter fees and transcript preparation
- Demonstrative evidence: Medical illustrations, day-in-the-life videos, and trial presentations
Ask whether the law firm will advance these costs and deduct them from your recovery later, or whether you must pay them regardless of the case outcome. Most reputable brain injury firms advance all case costs and only recover them if your case succeeds.
What Happens If We Do Not Win?
In a true contingency arrangement, you owe nothing if your case does not result in recovery. However, some agreements require you to reimburse advanced costs even if you lose. Clarify this point explicitly: Do you owe anything at all if the case is unsuccessful?
Who Will Actually Handle My Case?
The attorney you meet during your initial consultation may not be the person handling your case day-to-day. Understanding the firm’s structure helps set realistic expectations about communication and case management.
Will You Personally Work on My Case?
In larger firms, senior partners often delegate significant case work to associates or paralegals. While this arrangement can work well, you deserve to know upfront who will handle various aspects of your case. Ask specifically about:
- Who conducts legal research and drafts motions
- Who communicates with the insurance company
- Who will be present at depositions and hearings
- Who will try the case if it goes to trial
How Large Is Your Current Caseload?
According to The Mottley Law Firm, some firms only take a small number of cases each year to devote adequate attention to each client’s situation. An attorney juggling dozens of cases simultaneously may struggle to provide the individualized attention your brain injury case requires.
Ask how many active cases the attorney currently handles and how they ensure each client receives adequate time and resources.
What Is Your Communication Policy?
Establishing communication expectations prevents frustration later. Ask your potential attorney:
- How often will you receive case updates
- What methods do they use to communicate (phone, email, client portal)
- How quickly can you expect responses to questions
- Who should you contact if the primary attorney is unavailable
Regular communication helps you stay informed about case progress and ensures you understand important decisions that require your input.
What Is My Case Worth?
While no attorney can guarantee a specific settlement or verdict amount, an experienced brain injury lawyer should be able to assess the value of your claim based on the facts of your case and their knowledge of similar cases.
What Types of Damages Can I Recover?
Brain injury cases may include multiple categories of recoverable damages. Your attorney should explain each type applicable to your situation:
Economic Damages
- Past medical expenses: All treatment costs from the date of injury to settlement
- Future medical care: Lifetime costs for ongoing treatment, therapy, and medication
- Lost wages: Income lost during recovery
- Lost earning capacity: Reduced ability to earn income in the future
- Home modifications: Costs to make your home accessible
- Medical equipment: Wheelchairs, communication devices, and assistive technology
Non-Economic Damages
- Pain and suffering: Physical pain and discomfort
- Emotional distress: Anxiety, depression, and PTSD
- Loss of enjoyment of life: Inability to participate in activities you once enjoyed
- Disfigurement: Visible scarring or physical changes
- Loss of consortium: Impact on your relationship with your spouse
- Disability and impairment: Permanent limitations affecting quality of life
How Will You Prove the Value of My Damages?
Accurately valuing a brain injury case requires substantial documentation and expert testimony. Your attorney should explain their strategy for proving damages, which typically includes:
- Life care plans: Detailed projections of future medical needs prepared by certified life care planners
- Economic expert testimony: Analysis of lost earning capacity and future financial losses
- Vocational assessments: Evaluation of your ability to return to work or need for job retraining
- Neuropsychological testing: Objective measurement of cognitive deficits and functional limitations
- Day-in-the-life videos: Documentation showing how the injury affects your daily activities
What Factors Could Affect My Compensation?
Several factors may increase or decrease the value of your brain injury claim. A knowledgeable attorney will explain how these elements apply to your case:
- Severity and permanence of your injuries
- Clarity of liability (how obvious it is that the defendant caused your injury)
- Available insurance coverage and defendant’s assets
- Strength of medical evidence and expert testimony
- Your credibility as a witness
- Pre-existing conditions or prior injuries
- Comparative negligence (whether you share any fault for the accident)
Who Will You Hold Responsible for My Brain Injury?
Identifying all potentially liable parties maximizes your recovery and ensures no responsible party escapes accountability. Your attorney should conduct a thorough investigation to determine who caused your injury.
How Do You Identify Liable Parties?
Depending on how your brain injury occurred, multiple parties may bear responsibility. According to the New York State Department of Health, the leading causes of TBI in New York are falls, motor vehicle crashes, and assaults. Each cause may involve different liable parties:
| Cause of Injury | Potentially Liable Parties |
|---|---|
| Motor vehicle accident | Negligent drivers, vehicle manufacturers (product defects), government entities (dangerous roads), employers (if commercial vehicle) |
| Slip and fall | Property owners, property managers, maintenance companies, contractors, tenants |
| Medical malpractice | Physicians, nurses, hospitals, medical device manufacturers, pharmacies |
| Workplace accident | Employers, equipment manufacturers, contractors, subcontractors, property owners |
| Defective product | Manufacturers, distributors, retailers, component part manufacturers |
| Assault | Assailant, property owners (inadequate security), employers, security companies |
Will You Investigate All Potential Sources of Recovery?
Beyond identifying liable parties, your attorney should explore all potential sources of compensation, including:
- Multiple insurance policies (auto, homeowner’s, umbrella, commercial)
- Uninsured or underinsured motorist coverage
- Workers’ compensation benefits (if workplace injury)
- Premises liability coverage
- Product liability insurance
- Government entity liability (within statutory limits)
What Is the Timeline for My Case?
Understanding the timeline helps you set realistic expectations and plan accordingly. Brain injury cases typically take longer to resolve than other personal injury claims due to their complexity.
What Is the Statute of Limitations in New York?
According to New York Courts, the statute of limitations for personal injury claims in New York is generally three years from the date of injury. However, several exceptions may extend or pause this deadline:
Important: Missing the statute of limitations deadline typically results in permanent loss of your right to file a lawsuit. Do not delay consulting with an attorney, even if you think you have plenty of time.
- Discovery rule: The deadline may not begin until you discover or reasonably should have discovered the injury, particularly relevant when brain injury symptoms develop gradually
- Minors: If you were under 18 when injured, the three-year clock generally does not start until you turn 18
- Mental incapacity: If the brain injury itself leaves you mentally incapacitated, the deadline may be tolled until you regain capacity, though New York generally caps this extension at 10 years
- Defendant’s absence: Time when the defendant is outside New York State may not count toward the limitation period
How Long Does a Brain Injury Case Typically Take?
Your attorney should provide a realistic timeline based on their experience with similar cases. Factors affecting duration include:
- Medical treatment completion: You generally should not settle until you reach maximum medical improvement and fully understand your prognosis
- Investigation complexity: Cases involving multiple defendants or disputed liability require more extensive investigation
- Discovery process: Exchange of documents, depositions, and expert evaluations can take months
- Settlement negotiations: Some cases resolve through negotiation within 6-18 months
- Litigation duration: If trial becomes necessary, cases can take 2-4 years from filing to verdict
- Appeals process: Either party may appeal an unfavorable verdict, extending resolution by years
When Should I Settle Versus Go to Trial?
Ask your attorney about their approach to settlement versus trial. A good lawyer will:
- Fully prepare your case for trial regardless of settlement prospects
- Present all settlement offers with honest recommendations
- Explain the risks and benefits of accepting versus rejecting offers
- Respect your ultimate decision about settlement
- Never pressure you to settle if you want your day in court
What Evidence and Resources Are Needed to Build My Case?
A strong brain injury case requires both your documentation and your attorney’s professional resources. Understanding both aspects ensures you select a lawyer capable of achieving the best possible outcome.
What Evidence Will You Need From Me?
Your cooperation and documentation significantly strengthen your case. Understanding what evidence your attorney needs helps you prepare for effective representation.
What Medical Evidence Is Most Important?
According to The Mottley Law Firm, your brain injury lawyer must have a clear plan for how to prove the losses you sustained and should ask for results of diagnostic tests like PET scans and any cognitive assessments your doctors performed.
Gather and provide:
- Emergency room records and ambulance reports
- Hospital admission and discharge summaries
- All imaging studies (CT scans, MRIs, PET scans) with radiologist reports
- Neurologist and neurosurgeon consultation notes
- Neuropsychological testing results
- Physical therapy, occupational therapy, and speech therapy records
- Medication lists and pharmacy records
- Medical bills and insurance explanation of benefits statements
What Other Documentation Strengthens My Case?
Beyond medical records, your attorney will need:
Accident Documentation
- Police reports
- Accident scene photographs
- Witness names and contact information
- Video surveillance footage
- Weather and lighting conditions
Financial Records
- Pay stubs and tax returns
- Employment records and job descriptions
- Out-of-pocket expense receipts
- Insurance policies and declarations pages
- Workers’ compensation claim documents
Personal Impact Evidence
- Journal entries documenting symptoms
- Photos showing visible injuries
- Social media posts (pre-injury activities)
- Statements from family and friends
- Educational or work performance records
How Should I Document My Recovery Process?
Your attorney should provide guidance on documenting your ongoing recovery:
- Keep a detailed journal of symptoms, pain levels, and functional limitations
- Maintain a calendar of all medical appointments and therapy sessions
- Save receipts for all injury-related expenses, including transportation to medical appointments
- Document activities you can no longer perform or must modify
- Take periodic photos if you have visible injuries or use assistive devices
- Be cautious about social media posts that could be misinterpreted
Do You Have the Resources to Handle My Case?
Brain injury litigation is resource-intensive. Your attorney must have both the financial capacity and professional relationships necessary to build a strong case.
What Medical Experts Will You Consult?
Complex brain injury cases typically require testimony from multiple medical experts. Ask whether your attorney has established relationships with:
- Neurologists: To explain brain function, injury mechanisms, and neurological deficits
- Neuropsychologists: To document cognitive impairments through objective testing
- Neuroradiologists: To interpret imaging studies and explain findings to juries
- Life care planners: To project future medical needs and costs
- Vocational rehabilitation specialists: To assess work capacity and employability
- Economists: To calculate present value of future lost earnings and medical expenses
- Accident reconstruction experts: To demonstrate how the incident occurred
Can You Afford to Advance Case Costs?
As noted earlier, brain injury cases can require $10,000 to $100,000 in advanced costs before trial. Small firms or solo practitioners may lack the financial resources to properly fund expensive TBI litigation. Ask directly:
- Does your firm have the financial capacity to advance substantial case costs
- Have you successfully handled cases requiring similar expert testimony and investigation
- Will you compromise on necessary experts or investigation due to cost concerns
Do You Have Trial Experience and Support Staff?
Trying a brain injury case requires significant resources beyond the lead attorney. A well-resourced firm will have:
- Trial attorneys with courtroom experience
- Paralegals to manage discovery and evidence organization
- Legal assistants to handle scheduling and client communication
- Investigators to locate and interview witnesses
- Medical record retrieval services
- Technology specialists for trial presentations and demonstrative evidence
How Will You Communicate With Insurance Companies?
Insurance company tactics can undermine your case if not handled properly. Your attorney should explain their strategy for dealing with insurers.
Should I Talk to the Insurance Adjuster?
Once you retain an attorney, all communication with insurance companies should go through your lawyer. Ask about their policy on client-insurance company contact:
- Will they instruct you to refer all insurance calls to their office
- What should you do if an adjuster contacts you directly
- How will they prevent recorded statements that could damage your case
Tip: Insurance companies often contact injured parties before they retain lawyers, seeking recorded statements or quick settlements. These early statements, made while you are still recovering and unaware of your full injuries, can significantly harm your case. Politely decline to give statements and consult an attorney first.
How Will You Counter Low Settlement Offers?
Insurance companies routinely make low initial settlement offers, hoping injured parties will accept inadequate compensation. Your attorney should have a strategy for:
- Thoroughly documenting all damages before responding to offers
- Preparing detailed demand packages with supporting evidence
- Conducting effective negotiations backed by trial readiness
- Knowing when to reject offers and file a lawsuit
- Using mediation or arbitration when appropriate
What Happens If the At-Fault Party Is Uninsured?
Ask about strategies for recovery when the responsible party lacks insurance or sufficient assets:
- Filing claims under your own uninsured motorist coverage
- Pursuing underinsured motorist benefits when policy limits are inadequate
- Identifying additional liable parties with insurance
- Exploring other compensation sources such as victim compensation funds
What Should I Avoid and What Are My Rights During the Case?
Understanding prohibited behaviors and your rights as a client ensures the best possible case outcome and protects your interests throughout the legal process.
What Should I Not Do During My Case?
Your actions during litigation can significantly impact case value. Ask your attorney about behaviors to avoid.
How Should I Handle Social Media?
Insurance companies and defense attorneys routinely monitor injured parties’ social media accounts, looking for posts that contradict claimed injuries. Your attorney will likely recommend:
- Setting all accounts to private
- Avoiding posts about your accident, injuries, or lawsuit
- Not accepting friend requests from people you do not know
- Being cautious about photos showing you engaged in physical activities
- Remembering that “deleted” posts can often be recovered
Can I Talk About My Case With Others?
Ask about who you can discuss your case with:
- Conversations with your attorney are privileged and confidential
- Discussions with your spouse may be protected
- Conversations with friends, family, or coworkers are not privileged and could be subject to discovery
- Online posts and comments are not private, even in “closed” groups
Should I Accept Quick Settlement Offers?
Insurance companies sometimes offer quick settlements before injured parties fully understand their injuries and prognosis. Your attorney should advise you about:
- The danger of settling before reaching maximum medical improvement
- How brain injury symptoms can evolve and worsen over time
- Why early settlements rarely account for future medical needs
- The fact that settlements are typically final and prevent future claims
What Happens If I Am Not Satisfied With Your Services?
Understanding your rights regarding legal representation helps you make an informed decision and provides recourse if the relationship does not work out.
Can I Change Lawyers If Needed?
You have the right to change attorneys at any time, though there may be financial implications. Ask about:
- The process for terminating representation
- How fees are divided if you switch lawyers
- Whether you will owe anything to the original attorney
- How long the transition typically takes
- What happens to work already completed
How Do You Handle Client Complaints?
A professional law firm will have procedures for addressing client concerns. Ask about:
- Who to contact if you have concerns about your case handling
- Whether the firm has a client satisfaction policy
- How they resolve disputes about fees or case strategy
- Their track record with bar complaints or malpractice claims
What Professional Credentials Should I Verify?
Before hiring any attorney, verify their credentials and standing:
- Check their license status with the New York State Bar Association
- Review any disciplinary history or complaints
- Look for board certifications or special credentials in personal injury law
- Check memberships in professional organizations like the Brain Injury Association of America
- Read online reviews and testimonials from former clients
- Ask for references from past clients with similar cases
Warning Signs and How to Prepare for Your Consultation
Understanding red flags helps you avoid unsuitable attorneys, while proper preparation ensures a productive first meeting.
Guarantees or Promises About Outcomes
Ethical attorneys cannot and will not guarantee specific case results. Be wary of lawyers who:
- Promise a certain settlement amount
- Guarantee they will win your case
- Claim they have never lost a case
- Suggest the outcome is certain before investigating
Warning: According to professional responsibility rules, attorneys who make promises about case outcomes may be violating ethical guidelines. Legitimate lawyers discuss potential outcomes in terms of ranges and probabilities, not guarantees.
Pressure to Sign Immediately
Reputable attorneys want you to make an informed decision. Red flags include:
- Pressuring you to sign a retainer agreement during the first meeting
- Discouraging you from consulting other lawyers
- Claiming their offer is only valid if you sign immediately
- Creating artificial urgency unrelated to actual legal deadlines
Lack of Specialization or Experience
General practice attorneys may lack the specific knowledge needed for brain injury cases. Consider it a warning sign if the lawyer:
- Cannot articulate their experience with brain injury cases specifically
- Handles primarily unrelated practice areas (divorce, criminal, real estate)
- Has never taken a TBI case to trial
- Does not have relationships with relevant medical experts
- Cannot explain basic medical concepts related to your injury
Poor Communication or Disorganization
If you experience communication problems during the consultation, they likely will worsen after you hire the attorney:
- Difficulty scheduling the initial appointment
- Attorney arrives late or unprepared
- Staff seems overwhelmed or disorganized
- Attorney interrupts you or does not listen carefully
- Vague or evasive answers to straightforward questions
- Inability to clearly explain their strategy or process
Fee Structures That Seem Too Good to Be True
While you want affordable representation, extremely low fees may indicate inexperience or inability to properly fund your case:
- Contingency fees significantly below standard rates
- Willingness to waive all case costs
- Vague or confusing fee agreements
- Reluctance to provide written fee agreements
How to Prepare for Your Initial Consultation
Maximizing the value of your first meeting requires preparation. Follow these steps to ensure a productive consultation.
Documents to Bring
Gather and organize relevant documents before your appointment:
- Any medical records you currently have
- Police reports or accident reports
- Photos of the accident scene or your injuries
- Insurance policy information
- Correspondence from insurance companies
- List of medications and treating physicians
- Documentation of lost wages or missed work
- Any written statements you have given
Information to Prepare
Write down key facts before your consultation:
- Detailed timeline of the accident and injury
- Names and contact information for witnesses
- Description of your symptoms and functional limitations
- List of all medical providers you have seen
- Information about the at-fault party and their insurance
- Questions you want to ask (use this guide as a starting point)
What to Expect During the Consultation
Most initial consultations for brain injury cases last 30 to 60 minutes. The attorney will typically:
- Ask you to explain how your injury occurred
- Review any documents you brought
- Ask about your current symptoms and treatment
- Explain their evaluation of your case
- Discuss their experience and approach
- Outline next steps if you decide to hire them
- Provide a retainer agreement for your review
Questions to Ask a Brain Injury Lawyer FAQ
How much does it cost to hire a brain injury lawyer in New York?
Most brain injury attorneys in New York work on a contingency fee basis, meaning they charge a percentage of your settlement or verdict rather than upfront fees. According to Friedman Simon, the typical fee is one-third of the recovery, though some attorneys use a sliding scale structure. You should not pay anything upfront, and if your case does not result in recovery, you typically owe nothing. However, clarify whether you are responsible for case costs (expert fees, court costs) if the case is unsuccessful, as policies vary by firm.
How long do I have to file a brain injury lawsuit in New York?
New York generally allows three years from the date of injury to file a personal injury lawsuit. However, several important exceptions can extend this deadline. If you were a minor when injured, the three-year period typically begins when you turn 18. If your brain injury left you mentally incapacitated, the deadline may be tolled until you regain capacity, though New York generally caps this extension at 10 years. The discovery rule may also apply if you did not immediately realize you had a brain injury. Because these exceptions are complex, consult an attorney promptly rather than assuming you have three full years.
What questions should I ask about a lawyer’s experience with brain injury cases?
Ask specifically what percentage of their practice focuses on brain injury cases, how many TBI cases they have handled, what results they achieved in similar cases, and whether they have taken brain injury cases to trial. Also inquire about their familiarity with the medical aspects of your specific type of injury, their relationships with medical experts like neurologists and neuropsychologists, and whether they have the financial resources to advance the substantial costs often required in brain injury litigation. General personal injury experience is not sufficient—you need an attorney with specific TBI expertise.
Should I talk to insurance companies before hiring a lawyer?
No. Insurance adjusters often contact injured parties immediately after an accident, seeking recorded statements or quick settlements before victims understand the full extent of their injuries or consult attorneys. Statements you make to insurance companies can be used against you later, and early settlement offers rarely account for long-term medical needs and lost earning capacity associated with brain injuries. Politely decline to give statements beyond basic identifying information, and consult a brain injury attorney before any substantive discussions with insurers. Once you retain an attorney, all insurance communication should go through your lawyer.
How long does a brain injury lawsuit typically take to resolve?
Brain injury cases typically take longer than other personal injury claims due to their medical complexity. Cases that settle through negotiation may resolve within 6 to 18 months, while cases that go to trial can take 2 to 4 years from filing to verdict. Several factors affect timeline, including how long you need to complete medical treatment and reach maximum medical improvement, the complexity of proving liability, the number of defendants involved, and the willingness of insurance companies to offer fair settlement. Brain injuries often require waiting to fully understand your prognosis before settling, as you cannot reopen a case later if your condition worsens.
What evidence do I need to prove a brain injury case?
Strong brain injury cases require comprehensive medical evidence including emergency room records, hospitalization records, all diagnostic imaging (CT scans, MRIs, PET scans), neurologist evaluations, neuropsychological testing results, and documentation of ongoing treatment and therapy. You also need evidence proving how the injury occurred (police reports, witness statements, accident scene photos) and documentation of damages (medical bills, pay stubs, employment records, journal entries describing symptoms and limitations). Your attorney will also typically need expert testimony from neurologists, neuropsychologists, life care planners, and economists to fully prove the nature, extent, and cost of your injuries.
Can I switch lawyers if I am not satisfied with my current attorney?
Yes, you have the right to change attorneys at any time during your case. However, you should carefully consider the timing and implications. Switching attorneys can delay your case while the new lawyer gets up to speed, and you may owe your original attorney compensation for work already completed, which will be determined by their retainer agreement or by the court. Before switching, consider whether your concerns could be resolved through direct communication with your current attorney. If you do decide to change representation, consult with potential new attorneys who can review your agreement with your current lawyer and explain how the transition would work.
What are the most important qualities to look for in a brain injury lawyer?
The most important qualities include specific experience with brain injury cases (not just general personal injury), demonstrated trial experience and willingness to go to court if necessary, financial resources to advance substantial case costs for experts and investigation, established relationships with relevant medical experts, strong communication skills and commitment to keeping you informed, and a manageable caseload that allows them to give your case adequate attention. According to the Brain Injury Association of America, attorneys in their preferred directory have been vetted and demonstrated knowledge of the physical, cognitive, and emotional tolls a brain injury can inflict.
Taking the Next Step in Your Brain Injury Case
Selecting the right brain injury attorney is one of the most important decisions you will make following your injury. The questions outlined on this page provide a framework for evaluating potential lawyers, but remember that the consultation is also an opportunity to assess whether you feel comfortable with the attorney and confident in their ability to represent your interests.
According to the Centers for Disease Control and Prevention, the total annual healthcare cost of nonfatal traumatic brain injuries exceeds $40.6 billion, with average lifetime medical costs ranging from $85,000 to $3 million per person. These staggering figures underscore why you need an experienced attorney who understands how to fully value and prove brain injury damages.
Do not make your decision based solely on advertising, promises about results, or convenience. Take time to consult with multiple attorneys, ask the questions outlined on this page, and carefully evaluate their responses. The right lawyer will have specific brain injury experience, adequate resources to handle complex litigation, a communication style that matches your preferences, and a genuine commitment to maximizing your recovery.
Schedule Your Free Consultation Today
If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, time is critical. Contact our experienced brain injury attorneys for a free, confidential consultation. We will evaluate your case, answer your questions, and explain your legal options with no obligation.
