Brain Injury Lawyer FAQ» Brain Injury Lawyer FAQ: Lawsuits

My child was injured in a traumatic accident and I want to hire a personal injury lawyer but I have other legal issues too such as guardianship and determination of eligibility for government entitlement programs. Who will guide me through these matters?

admin — Fri, 26 Jun 2009 12:18:52 +0000

A personal injury attorney who has significant experience in brain injury lawsuits shold be able either to help you with these matters or recommend somenone he knows who can.

I hear that brain injury lawsuits are somewhat of a specialty. How can I learn if the lawyer I want to hire has experience in this area?

admin — Fri, 26 Jun 2009 12:12:48 +0000

Ask. Inquire of the lawyer what brain injury cases he has handled, what results he has achieved and what involvment he has with brain inury organizations.

Should a TBI victim return to work as soon as he’s able, even if his lawsuit is still going on? Will that hurt his case in court?

admin — Tue, 23 Jun 2009 15:04:40 +0000

TBI victims, more than any other injured persons, are charged in court as malingerers and fakers. Who makes those charges? The defense counsel and the insurance companies for the defendants. If a jury believes those charges to be true, then a TBI victim will probably lose his case. What helps his case, though, and what’s the right thing to do is – listening to and abiding by the advice of good doctors and therapists. Going back to work when you can, with their advice, and doing the best you can. Jurors love “troopers” – people who try the best they can and when they fall they get up and try again. That’s most of us, so just be yourself!

Why are economists involved in TBI lawsuits?

admin — Tue, 23 Jun 2009 14:30:30 +0000

While life care planners, doctors, employers and others can and do present evidence about a TBI victim’s monetary losses (actual in the past and estimated in the future), an economist is routinely called upon to calculate into present value the amount of all future economic losses. This can be quite complicated as it involves issues such as inflation, discount rates, wage increases, cost of living changes and the like.

What is a life care planner and why is one often needed in a TBI lawsuit?

admin — Tue, 23 Jun 2009 14:06:08 +0000

A life care planner is an expert who develops and quantifies plans of care for injured persons. They include the cost of future medical care and other services and items needed to assist the TBI victim (e.g., medications, transportation and other assisted living expenses).

What’s the difference between a medical expert who testifies in court and one who is called a “consulting” expert?

admin — Tue, 23 Jun 2009 13:30:13 +0000

Sometimes experts are hired by a brain injury victim’s lawyer simply to review and analyze records. This is called a consulting expert. He is not expected to testify in court and his conclusions and reports need not be provided to the defense. When we want an expert to testify in court, the fees he must be paid are much more than those paid to consulting experts and his anticipated conclusions must be disclosed in advance.

Why is a neuropsychologist needed in court?

admin — Tue, 23 Jun 2009 13:15:54 +0000

Defense insurance companies often request and the judges allow examination and testing of TBI victims by a neuropsychologist acting for the defense. So plaintiffs need to have their own neuropsychologist to analyze and rebut the defense claims. Also, neuropsychologists can be extremely effective in showing jurors the quantifiable effects of brain injuries.