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8 Questions You Should Ask Your Brain Injury Lawyer

Oct 13, 2020 Brain Injuries

When someone’s negligence causes your brain injury, you deserve accountability and compensation. Often, the first step towards getting the help you deserve is finding the right brain injury lawyer. Here in San Antonio, the Crosley Law team has earned a reputation for a cutting-edge and client-focused approach to brain injury claims. We know how difficult it can be to find a TBI lawyer that gives you the time and confidence you need.

When most people meet with a personal injury lawyer, they focus their questions on how much their case is worth. However, a lot more goes into a TBI claim than adding up your medical bills and calculating your lost income. In this article, we outline some essential questions you should ask a brain injury lawyer before you agree to let them represent you.

1. How Much Experience Do You Have With Brain Injury Claims Like Mine?

Traumatic brain injuries (TBIs) fall across a spectrum, from mild concussions to catastrophic diffuse axonal injuries (DAIs). You don’t just want a lawyer who understands the broad concepts surrounding brain injuries — you need an injury lawyer who can investigate and explain your specific injuries with precision.

Furthermore, a variety of factors can cause a TBI, including car accidents, truck wrecks, trampoline park incidents, and defective products. The circumstances may impact the laws that apply to your claims and the insurance policies that cover your damages. So, in addition to being a TBI expert, your lawyer should also have experience handling claims with similar causes.

Don’t hesitate to ask a TBI lawyer about their specific experiences and knowledge. If you have a relatively rare brain injury, look for someone who either has handled similar TBIs or has existing relationships with neurologists and other experts who can help them quickly get up to speed.

2. How Would You Describe Your Clients’ Experience With Your Law Firm?

When you’re struggling with memory deficits, concentration problems, and other cognitive challenges, you need a brain injury lawyer who will help you understand your options, offer meaningful education, and respect your unique challenges as a brain injury survivor. However, some injury lawyers don’t seem to have time for their clients!

Make sure you ask the TBI lawyer about their preferred communication methods and how frequently you’ll hear from them. Also, see if their statements are consistent with online reviews from past clients. If your personality and values do not mesh with the lawyer’s, it’s a good idea to look elsewhere for representation.

You can also ask the TBI lawyer about their caseload. If a lawyer is too busy and doesn’t have systems in place to help serve their clients, you’ll quickly become dissatisfied with them. However, if an attorney doesn’t have any cases, that’s also concerning. We’d encourage you to work with a law firm that stays busy but has built a client-centered culture. Look for a personal injury law firm that goes the extra mile, encourages direct communication with attorneys, and has a broad support staff of skilled professionals that can help you at every step.

At Crosley Law, we treat our clients with the respect they deserve. When you work with our law firm, you’ll get regular updates and will be able to communicate with your lawyer easily. While we’re taking added precautions and offering more video and phone conferences right now because of COVID-19, our commitment to TBI victims is unwavering.

3. When Was the Last Time You Tried a Brain Injury Claim?

Handling a single TBI claim does not make you an expert. You’ll want to find out how frequently your injury lawyer handles brain injury claims and how often they take them to trial. Trying a case requires particular skills and knowledge. Your lawyer will need to guide the jury through your complicated diagnosis, explain how the at-fault party caused your injuries, and outline all your damages.

You may prefer a settlement to a jury trial, but it’s important that you find a lawyer who knows how to present your complicated story and legal claims to a jury. That way, if the insurance company is unreasonable, you’ll be ready and willing to take your case to trial.

4. What’s Your Brain Injury Claim Track Record?

Your personal injury lawyer should also have a track record of success with complex TBI claims. If the lawyer doesn’t share their results and client success stories online, make sure you ask them about their other brain injury lawsuits.

RELATED: Barbara’s Story: Crosley Law Gets $4.9 Million Settlement for Trucking Accident Victim With TBI

5. How Do You Help TBI Victims Prepare for Litigation?

Our team understands that TBI victims often need more help and guidance preparing for a deposition, hearing, or trial. Ideally, your brain injury lawyer will understand your unique needs and can help you build a plan that is both practical and empowering.

Depending on your circumstances, your lawyer may have you watch videos, practice answering questions under oath, visit the courthouse in advance, or do test runs with video conferencing technology. Your legal team should also prepare you for common questions that you’ll face throughout the litigation process.

6. Do You Have Strong Relationships With Respected Expert Witnesses?

At Crosley Law, we know how an expert witness can dramatically change the dynamics of a lawsuit. One of our clients, Jerry, survived a horrific head-on collision but was left with a brain injury. The insurance company denied Jerry’s TBI claim, arguing that his brain scans were “within normal limits.” However, we were convinced that his brain trauma was profound.

After extensive research, Tom Crosley discovered a leading-edge type of imaging study that was being used to identify brain injuries in combat veterans. Tom reached out to the research team and was able to schedule testing for Jerry. The expert’s report identified Jerry’s brain trauma and explained his mood swings, personality changes, and other symptoms. Thanks to our hard work and the experts’ testimony, a jury awarded Jerry more than $16 million.

“After extensive research, Tom Crosley discovered a leading-edge type of imaging study that was being used to identify brain injuries in combat veterans. Tom reached out to the research team and was able to schedule testing for Jerry. The expert’s report identified Jerry’s brain trauma and explained his mood swings, personality changes, and other symptoms. Thanks to our hard work and the experts’ testimony, a jury awarded Jerry more than $16 million.”

While you don’t need to know exactly which experts a lawyer plans on using in your case, you’ll want to hire an attorney who partners with respected experts in a wide variety of professions, including medicine, psychology, engineering, and financial life planning.

7. Are You a BIAA Preferred Attorney?

The Brain Injury Association of America (BIAA) is a national organization that advocates for TBI victims. As part of its services, the BIAA designates highly qualified attorneys as “BIAA Preferred.” Crosley Law is one of the few TBI law firms in Texas that is BIAA Preferred.

8. What’s Your Fee Structure Like?

Most brain injury lawyers charge a contingency fee, which means they receive a percentage of your settlement or jury award. If your lawyer does not recover compensation on your behalf, they do not get paid. However, make sure you understand the exact percentages that the lawyer charges for their services.

You should also ask the attorney how their firm handles case costs. Preparing a TBI lawsuit can be expensive. Your lawyer will need to pay for copies of your medical records, expert testimony, filing fees, and other costs associated with your claim. Ideally, you’ll want a lawyer that will advance these costs and deduct them from your financial recovery later on. At Crosley Law, we offer a “no-fee policy” and never ask for upfront payments for case costs or legal services.

Crosley Law: Texas’ Trusted TBI Lawyers

Crosley Law has earned a reputation as one of Texas’ leading TBI law firms. We’ve handled a wide range of traumatic brain injury cases, from seemingly “minor” concussions to catastrophic diffuse axonal injuries (DAIs). If you or a loved one are living with a TBI due to someone else’s negligence, call Crosley Law today at 210-LAW-3000 | 210-529-3000 or fill out our brief contact form. We’ll set up your no-risk initial consultation so you can get free expert legal advice.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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