If you’ve suffered a traumatic brain injury (TBI) due to someone else’s mistakes or negligence, filing an injury claim or lawsuit is likely to be your first step toward justice and compensation. Yet, TBI claims require careful planning and a thorough understanding of applicable liability laws to stand a chance in court. Before moving forward with your case, you should hire a brain injury lawyer. Furthermore, you’ll want to make sure that the lawyer you choose is the right fit for your case and is someone you are comfortable working with.
What’s the best way to pick an attorney you can trust? It can be very simple—just ask thoughtful, targeted questions during your initial consultation. At The Law Offices of Joshua W. Branch, LLC in Georgia, our TBI attorneys want everyone who comes to us for legal counsel to be fully confident that we’re the right choice for them. That’s why we have taken a little bit of time here to share questions that we recommend people ask their potential attorneys when they want to start a TBI claim. It’s also why we offer completely free initial case consultations to potential clients.
Understanding the Lawyer’s Experience & Approach
To learn more about the experience and casework approach of the TBI lawyer you’re thinking about hiring, you should ask:
- How much experience do you have with brain injury lawsuits?
Brain injury cases are more complex than the average personal injury case. The lawyer you choose should know the ins and outs of this specific case type and be able to back their knowledge by showing a history of working on TBI cases. - Have you handled cases like mine? What were the outcomes?
It’s one thing to have experience—it’s another to have a strong track record of successful case results. Also, it’s one thing to have handled a brain injury case and another thing to have handled a case involving a brain injury similar to yours. After all, there are many categories of brain injuries, and each can influence the legal process of pursuing compensation in different ways. - What would your strategy for my case likely be?
Your lawyer should be able to outline a general plan of action, from gathering evidence to negotiations and possibly a trial. Keep in mind that making a detailed plan during an initial consultation isn’t really possible, but it would be just as unusual if you spoke to an attorney who couldn’t say even the basics of what your strategy could likely include.
Legal Process & Timeline
If you’re interested in what processes and timelines could be involved in your TBI case, you should ask:
- What are the steps involved in filing a brain injury lawsuit?
Understanding the process—from investigation and filing paperwork to depositions and trial—helps you know what to expect. Ask for an overview so you’re not caught off guard by legal procedures. - How long do you think my case will take?
Lawsuits can be time-consuming, and brain injury claims often take longer than average due to the need for medical evaluations and expert testimonies. Be sure to ask about potential delays and factors that might affect the timeline of your case. A precise estimation will be impossible during an initial consultation, though. - Will we likely settle, or will the case go to trial?
Most personal injury cases are resolved through settlements, but some may require litigation, especially complex, high-stakes cases like those involving brain injuries. Ask your lawyer about the likelihood of a trial and the pros and cons of each resolution method.
Gathering & Presenting Evidence
A TBI case will depend on compelling evidence, so it is important for you to ask:
- What evidence do I need to provide to strengthen my case?
Solid evidence is often the foundation of a successful brain injury lawsuit. Ask your lawyer about the process of collecting medical records, accident reports, witness statements, and other documentation to support your claim. Typically, this process is handled entirely by an attorney, but you may need to participate in small ways, like authorizing the release of your medical records. - Will you handle communication with insurance companies?
Insurance adjusters can use various tactics to reduce or deny your claim. Some of these tactics involve trying to get you to say the wrong thing on the phone. During your first consultation, you should confirm that your lawyer will handle all interactions with insurance carriers, letting you focus on healing.
Assessing Compensation & Legal Fees
Of course, you’ll be curious about potential consultation in your TBI case, so you should ask:
- What types of compensation can I expect to pursue in a TBI case?
Your lawyer should explain the categories of damages you may be eligible to pursue, such as medical bills, rehabilitation costs, lost wages, ongoing care, and non-economic damages like pain and suffering. - How do you calculate the value of my case?
Understanding how a lawyer assigns value to your case can give you confidence in their ability to fight for a fair settlement. They should factor in both your immediate and long-term needs. - What is your fee structure?
Most personal injury attorneys work on a contingency fee basis, which means they only get paid attorney fees if they win your case. At The Law Offices of Joshua W. Branch, LLC, we offer contingency fee agreements to brain injury clients, and we never use hidden or surprise costs.
Communication & Client Support
For information about how you will interact with your attorney, ask these questions:
- How often will we communicate, and in what way?
Always ask about your attorney’s availability and preferred methods of communication throughout a TBI case. Knowing how frequently you’ll get case updates—and whether they’ll come via phone, email, or in-person meetings—can set expectations early. - Who will be handling my case?
Some law firms delegate most of the work to paralegals or junior attorneys. Make sure you’ll have direct access to the lawyer you’re hiring and that they’ll play an active role in your case.
Planning for Potential Challenges
No law firm is entirely predictable, so you should ask about potential difficulties, such as:
- What are the risks or complications of filing a lawsuit?
Every case comes with potential pitfalls. Your lawyer should be upfront about challenges like proving the severity of a brain injury or dealing with pushback from the defendant. - How will you address defense arguments aimed at discrediting my claim?
Insurance companies often try to blame pre-existing conditions or downplay the severity of brain injuries. Ask how your attorney plans to counter such tactics. - What happens if we lose the case?
While it’s important to focus on a positive outcome, it’s also a good idea to know your options if things don’t go as planned. Will you owe any fees? Are appeals an option?
Bring Your Question to The Law Offices of Joshua W. Branch, LLC
You shouldn’t go into a brain injury lawsuit blindly. That’s why it’s important to feel like you can ask a lawyer any questions that come to mind during an initial consultation. Our Georgia brain injury attorneys always encourage our clients to ask any questions they want, so they feel fully confident when picking us to represent them. If you or a loved one have been seriously injured in an accident, resulting in a brain injury or another life-changing injury, please know that we’re here to listen.
Contact our firm online or dial (706) 760-9220 to find the law office nearest you—initial consultations are completely FREE!