Persons whose brain injuries result from other causes might benefit from consultation with an attorney who can assist them with insurance policies, estate planning, public entitlements, employment rights, disability rights and other legal matters. Special training in brain injury would be essential to appropriate legal representation in these matters as well. 

     A knowledgeable attorney can provide valuable and timely assistance to help you identify and obtain financial resources that might otherwise be overlooked. Often, such benefits impose strict time limits for filing claims. 

     Frequently, recovery from brain injury involves the need for expensive and extensive medical, rehabilitation, and support services. Many such services are available to the injured persons and their families. The considerable financial demands that result from a brain injury requires that all possible financial resources be vigorously pursued. 

     Other matters that might require legal assistance after brain injury include competency and guardianship, estate planning, powers of attorney, separation and divorce, and criminal matters. Frequently, a lawyer can assist in obtaining a determination of eligibility for federal and state entitlement programs. 

     Depending upon the complexity of the issues, your personal injury attorney may also provide guidance in some of these areas. When such matters fall outside the expertise of your attorney ask him or her to help you find an attorney who specializes in the particular area of law required. 
 

     A personal injury claim can help a person obtain the financial resources necessary to maximize recovery and/or provide for long-term care and support needs. Tort law, which includes personal injury law, is intended to encourage safety and to discourage wrongful acts that cause injury. It attempts to provide fair and full compensation for the losses of individuals who have been wrongfully injured or killed. 

     Lost income is an obvious loss. Other not so obvious losses might include: pain, suffering, diminished earning capacity as well as diminished capacity to enjoy life. Loss of affection, and loss of services to the marital community are damages that might be eligible for compensation. Payment for medical and rehabilitation services can also be awarded when a judgment is made or a settlement reached. 

     Typically, family and friends have personal knowledge of events or circumstances of  your injury and recovery. They can provide valuable observations as to nature and scope of your impairments, and how they limit your actions, particularly those having to do with work functions, personal maintenance and medical regimen. 

     In such circumstances, their knowledge of brain injury impairments and their ability to provide honest and forthright observations is critical to the outcome of your injury claim. Frequently friends and family tend to turn a blind eye to many disturbing displays and uncharacteristic behavior patterns that follow brain injury. Typically this practice results from misguided attempts at "kindness" they ignore or minimize behavioral changes that to a trained eye would indicate signs of brain dysfunction. In so doing they inadvertently undermine the recovery process as well as the settlement value of the claim. 
 

     Your role is a critical one in the resolution of your personal injury claim. See: "What is a Plaintiff." 

     Personal injury attorneys frequently work on a contingency fee basis. This means that payment of the attorney's fee depends upon winning a judgment or settlement for the client. That is, if your attorney does not win your case, no attorney fees are owed to your lawyer. The fee is usually a percentage of the total award. Typically, such fees range from 33.3% to 40% of the award, and are subject to negotiation by the attorney and client. 

     In many cases the expenses necessary to investigate, prepare and resolve the case may be paid in advanced by the attorney. Then, when the case settles such expenses are deducted from the client's portion of the total award. Such expenses are commonly known as "costs" and in most cases are separate and distinct from "fees." The contingency fee system allows individuals of limited means to have access to competent legal representation. 

     Economic losses include items such as medical and rehabilitation costs, income and wage losses. These and other such costs are recoverable, when they can be shown to result from the injury in question. 

     By the same token, plaintiffs should avoid exaggerations of their complaints. Likewise, they should refrain from language that is overly dramatic when describing their pain and suffering. Another important aspect of the role of the plaintiff requires the establishment and maintenance of a proactive relationship with treating doctors. It requires a thorough appreciation of the nature and scope of the injury in question, and detailed accounting of the treatment. This way the client can present a full picture of his or her suffering and losses. Clearly, the client should not omit any significant details, and he or she must have a good grasp of all injuries and treatment. 

     For example, in a motor vehicle collision, the driver and/or owner of an automobile, the automobile manufacturer, the local government, and/or its employees, among others may all be liable for the same injury. A thorough examination of every aspect of the case, will enable the skillful attorney to determine which parties to name as defendants. 

     In most personal injury cases, the ability of the defendant to pay is determined by the limits of available insurance coverage. That is, unless a defendant has substantial assets; the amount of insurance sets the top settlement value of the case. However, the amount that the case ultimately settles for is dependent upon the following factors: the nature and scope of the injuries; the skill and expertise of the attorneys; the knowledge and participation of the plaintiff; the quality and quantity of medical records regarding the injury; and the qualifications and expertise of the doctors involved in the case. 

     Because the lawyer is an advocate, he or she is expected to promote the interests of the client above all others. In legal terms the lawyer has a fiduciary responsibility to his or her clients. In other words, the lawyer is held to standards of highest trust, with supreme loyalty owed exclusively to the client. With few exceptions, lawyers are legally bound by this standard. Such exceptions could include, being told by the client that they are about to commit a crime. 

     The theory behind the adversary system is that truth is best discovered by having lawyers work exclusively for different sides. Supposedly, the resultant competition between the lawyers acts as stimulus, thereby both sides leave no stone unturned and no closet unopened in their quest for victory. 
 

	Good cases are lost by inept lawyers.
	A good lawyer can prevent truth from being learned -- in fact, it is frequently unethical for him or her not to.
	The rich and powerful are frequently able to have their lawyers do things that the less powerful can not.

     When settlement negotiations fail, an impartial third party ( a jury, judge, referee, arbitrator, or mediator) make determinations as to what really happened from the evidence presented by both sides. This is called a finding of fact, which is then used by the impartial third party as a basis for its Orders and Judgments. 

    The manner in which the attorney, and  office personnel interact with you and your family, can provide important indicators of things to come.  Determine if it is comfortable for you, trust your instincts.  Many personal injury cases take years to resolve, so the rapport between you and the attorney can be very important. 

     The topics and questions suggested in the Lawyer Finder Checklist are intended as a guide for information gathering.  Ask the same questions of each potential attorney.  Write down the responses you receive.  If you are not clear about a response do not hesitate to request clarification.   You can verify information the attorney has provided by checking with the state bar association. 

      Despite the advent of specialized traumatic brain injury education and training, relatively few attorneys have specialized knowledge or training about the nature of brain injury and its sequelae. 

     In particular, attorneys often may know little about the more subtle cognitive, emotional, physical, behavioral and social difficulties that follow brain injury. It is important to collect as much information as possible about a perspective attorney before making your selection. 

     When lawyers take cases on contingency they receive no fee if they do not win the case for their client. Frequently, disappointed clients are unable or unwilling to reimburse the attorneys out-of-pocket costs which can be substantial. Because of the obvious financial risk involved, attorneys may decline cases that do not meet their requirements. 

      Just because your case has been declined by one or more attorneys does not necessarily mean that the case lacks merit; it might simply mean that you have not found the right attorney. Keep looking. 

     Once you have made your selections, schedule a telephone or in-person meeting with each. Be prepared to answer questions about the injury. It is equally important that you prepare a list of questions to ask of the attorney. You may find it useful to download and use the Lawyer Finder Checklist. It includes questions about the attorney's legal background and experiences, and his/her experience with cases involving brain injury. This information will be valuable as you compare and contrast the expertise and knowledge of various attorneys in order to make a well informed decision.