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ArticlesHiring an Attorney to Handle a Brain Injury Case Author: Richard H. Adler The medical and legal field of traumatic brain injury is highly specialized. You want to make sure that the attorney you select is able to provide the legal representation and advocacy you need and deserve. An attorney should be contacted as soon as possible after the traumatic injury to ensure the information and evidence surrounding the injury is properly preserved. Do I Need an Attorney? Anxiety caused by a traumatic brain injury should not be unnecessarily compounded by worry about insurance claims. Whether to use the services of an attorney or negotiate a claim by yourself may seem like a simple decision. Most people believe that their insurance company or the other party’s company will handle everything and that will be the end of it. Unfortunately, it’s quite common for traumatic brain injured patients to be misled or intimidated into forfeiting some or all of their legal rights. Laws relating to personal injury and insurance are complex and subject to frequent change, as is the specialized arena of traumatic brain injury. The expertise of the properly selected attorney is invaluable not only in dealing with insurance matters on your behalf, but also in interpreting and explaining insurance contracts and the law. An attorney experienced in traumatic brain injury knows how to obtain fair and reasonable compensation for your injuries through negotiations with insurance companies and is familiar with court procedures, filing requirements, deadlines, and other details that a non-lawyer could easily overlook. An attorney with specific experience in the area of traumatic brain injury will have knowledge of the resources necessary to properly evaluate and present your case. These resources will include hiring expert witnesses, such as an accident reconstructionist, neurologist, radiologist, physiatrist, psychiatrist, neuropsychologist, cognitive therapist, vocational rehabilitation counselor, physical capacities evaluator, economist, and life care planning specialist. Cases involving traumatic brain injury often involve several insurance companies and governmental programs. An attorney will help coordinate benefits to ensure maximum compensation and protect your rights to any government entitlements. Traumatic brain injury cases may involve the need of other specialized legal services such as Guardianship and Power of Attorney. An attorney experienced in this area will have the resources to assist you with these issues. When you hire an attorney experienced in handling traumatic brain injury cases, all of the resources and support staff of a highly trained professional are on your side to protect your legal rights. TBI injuries create stress and that can aggravate symptoms of TBI. With the right attorney, the client/patient can focus on their main goal of healing and getting well. Can I Afford an Attorney? In personal injury cases most attorneys work on a contingency fee basis. This means that the attorney agrees to provide the legal representation you need with payment for services occurring at the time of settlement or a verdict from the jury. Basically, the contingency fee arrangement allows everyone the opportunity to hire the best attorney in the field. Remember, the opposing insurance company will spend whatever it takes to try to disprove the extent of your injuries. This means you need to obtain the best legal representation possible. Typically a contingency fee will amount to 1/3 of the final settlement, but it is not paid until the conclusion of the case. If you aren’t sure whether you need an attorney, contact our law firm, Adler Giersch PS, for a free comprehensive initial consultation at (206) 682-0300 or www.adlergiersch.com. If you live outside the Puget Sound area of Washington, call (800) 44-ADLER (800.442.3537). Won’t My Insurance Company Handle the Case? If you sustain an injury as a result of someone else’s negligence (such as drunk or inattentive driving, speeding, medical error, etc.), any insurance company will try to keep its cost to a minimum. You will likely be asked to sign a release form and give a statement as soon as possible. You may also be offered a settlement proposal from the insurer. Although it might be tempting to sign papers or give statements as requested, here are some important points to keep in mind:
How Long Will it Take to Settle? It is best not to rush settlement of your brain injury case. The final release that you sign when you receive your settlement check is exactly that - final! For this reason, your attorney will advise you not to settle until your doctors say your recovery is complete or the full effects of your injury are known. Negotiations with the insurance company will begin shortly after your attorney is advised by your doctors that you have either returned to pre-injury condition or that you have reached maximum medical improvement and no additional treatment will improve your condition. What Will the Attorney Do for Me or My Family?
What Should I Expect When Hiring an Attorney? At a minimum, you should expect the attorney to have experience in personal injury claims with specific experience in the area of traumatic brain injury. The relationship with the attorney should be comfortable for you. You should feel that your questions are answered completely. Once you have decided to hire an attorney, you will sign a contract setting out the terms of legal representation. You should read this contract and ask about any provisions you do not fully understand. Signing the contract initiates legal representation and the attorney is then empowered to begin work on your behalf. A Couple of “DO NOTs”
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