How to Hire an Attorney for Brain Injury Cases
1. Hire counsel with focused traumatic brain injury (TBI) and neuro‑litigation experience
Insist the attorney regularly handles brain‑injury matters, not just general personal‑injury cases. Ask for redacted files, verdicts, or settlement summaries in comparable TBI fact patterns (motor‑vehicle collisions, falls, sports/ED visits, construction site injuries, assault, or medical‑misdiagnosis leading to hypoxic brain injury). Confirm they routinely litigate or try cases involving mild, moderate, and severe TBI and secondary complications (post‑concussive syndrome, cognitive/behavioral changes, seizures, hydrocephalus). Verify courtroom experience: number of TBI trials, roles at trial, success in Daubert challenges (admitting neuroimaging or expert neuropsychological testimony), and outcomes on damages. Ensure they know local medical‑malpractice nuances if the injury involves delayed diagnosis or ER care, and that they have experience proving causation where symptoms are subtle or delayed.
2. Confirm a comprehensive medical‑forensic plan and a strong expert network (neuropsychologists, neuroradiologists, life‑care planners)
Brain‑injury cases depend on high‑quality medical proof. Get a detailed plan for immediate preservation and collection of records (ER/triage notes, EMS run sheets, trauma flow sheets, neuro checks, nursing notes, imaging studies, CT/MRI scans and raw DICOM files, operative reports, and rehabilitation records). Ask if the firm obtains original imaging and DICOM files (not just printed reports) for independent neuroradiology review and whether they use blinded re‑reads to avoid confirmation bias. Confirm relationships with board‑certified neuropsychologists for standardized cognitive testing, neuroradiologists for advanced MRI/DTI interpretation, neurologists/neurosurgeons for causation and prognosis, physical/occupational/speech therapists for functional assessment, and life‑care planners and vocational rehabilitation experts to quantify lifetime care and lost‑earning capacity. Request examples where expert testimony changed case value (e.g., DTI showing diffuse axonal injury leading to a higher settlement, or neuropsych testing documenting persistent deficits affecting employability). Also verify the plan to preserve and analyze nonmedical evidence, vehicle event data recorder (EDR) downloads, helmet/safety equipment, workplace incident reports, surveillance video, witness statements, and wearable device data (smartwatch activity/sleep metrics), and timelines for issuing subpoenas and preservation letters to avoid lost evidence.
3. Require a clear damages strategy, staged fee terms, and long‑term planning for care and benefits protection
Demand a written engagement that defines scope (investigation, negotiation, litigation, trial, appeals), identifies the lead attorney and team, and provides a timeline with milestones (records obtained, expert reports, mediation, trial). For damages, require a documented plan to prove economic damages (past/future medical costs, rehabilitation, assistive devices, home modifications, attendant care, lost wages, and lost earning capacity) and non‑economic damages (pain and suffering, cognitive/emotional loss, loss of enjoyment of life). Ensure they will commission a life‑care plan and vocational analysis to project lifetime costs and work capacity, and ask how they will document and prove attendant‑care needs (time studies, ADL/IADL assessments, video logs). Clarify fee arrangements in writing, common contingency fee structure with explicit percentages for settlement vs. verdict, treatment of appeals, and exact handling of advanced costs (expert deposits, imaging reprocessing, long‑distance depositions) and lien repayment (Medicare/Medicaid, health insurers, ERISA plans). Finally, insist on post‑settlement mechanics to protect recovery: structured settlements or special‑needs trusts for minors or severely disabled adults, coordination with benefits counselors to preserve public benefits, and a plan for periodic re‑assessment of care needs if settlement includes future‑care offsets. Regular written updates and transparent budgeting for expert costs are essential to avoid surprises and maximize long‑term recovery.
