February 12, 2025

Top Questions to Ask a Brain Injury Lawyer

Close-up of a CT scan after a head injury that requires the victim to seek representation from a brain injury lawyer.

Top Questions to Ask a Brain Injury Lawyer

Traumatic brain injuries (TBIs) are a major cause of death and disability in the United States. In 2021 alone, there were more than 69,000 TBI-related deaths throughout the nation. If you’ve suffered one of these injuries and are considering filing a claim, hiring a brain injury lawyer to represent you is vital.

But how can you feel confident that you’re making the right choice? As you search for an attorney to represent you, consider asking them these crucial questions.

Do You Have Experience Handling Brain Injury Cases?

Often, people assume that because an attorney has experience with personal injury claims, they can also handle those involving brain injuries. That’s not always the case, though.

Because brain injuries can alter your life so significantly and result in you needing lifelong medical care, you can’t risk getting a lower settlement than you deserve. That can be a concern if the brain injury lawyer you hire doesn’t have the necessary experience with these exact types of claims.

How Do You Assess the Long-Term Effects of Brain Injuries?

The brain injury attorney you hire needs to understand how severely these injuries can impact your life. If you can no longer live as you used to before the accident, that has to be part of the equation when considering settlement values.

Knowing what the attorney will look at and how they’ll gauge the various aspects of your life that have been impacted by the brain injury can help you decide whether they’re the right person for your case.

What Strategies Do You Use to Prove Brain Injury Claims?

People sometimes think of brain injuries as ephemeral forms of harm that are difficult to prove. On the contrary, there are concrete ways of showing that you suffered a concussion or more severe head trauma. Your brain injury lawyer must have a clear plan for how to prove the losses you sustained.

They should ask you for the results of diagnostic tests, like PET scans, as well as any cognitive assessments your doctors performed. If you’re receiving ongoing medical care, your lawyer should request all this documentation, too, as it helps them build their case.

It’s also important to have testimony from loved ones about how the injury has affected your personality, mood, and everyday life. This evidence can help prove a diminishment in your quality of life and show that you’ve experienced distress.

What Type of Compensation Can I Expect for a Traumatic Brain Injury?

After a brain injury, you may be eligible to receive compensation that covers your medical expenses, lost wages, and the emotional and physical distress you’ve suffered. The precise amount you receive will depend on many factors, including the severity of the injury, so a brain injury attorney should not offer an exact sum.

In everything related to personal injury claims, your lawyer should not make any promises at all. If they do, that can be a red flag.

How Will You Communicate With Me Throughout the Case?

Communication with your lawyer is crucial. For instance, perhaps you prefer to communicate through the phone, and the brain injury lawyer you’re considering only works with clients via email. That can be a concern to consider as you decide whom to hire.

Aside from how they communicate, you should ask how often they do so, too. You should receive regular updates on your claim and should never have to chase your attorney down to get answers. Having a clear idea of whether they’ll only communicate if there’s news or on a regular schedule can save you a lot of hassle.

What Are the Potential Challenges in My Brain Injury Claim?

No matter how clear-cut you think a claim will be, there are generally challenges to overcome. Your lawyer should present you with an idea of what these issues could be. When dealing with a car accident, for example, there may be problems with proving liability if you were partly responsible for the collision.

Again, watch out for any lawyer who promises certain outcomes or ensures you that there will be no problems when attempting to receive compensation. This is likely not the person you should hire.

FAQ

What Damages Can I Claim in a Brain Injury Case?

You can claim economic and non-economic damages. Economic damages cover financial losses such as medical expenses, lost wages, and a loss of earning potential. They can also include funerary expenses you’ve sustained if a loved one died because of the injury.

Non-economic damages are for non-financial losses, such as pain and suffering and loss of enjoyment of life. In cases of wrongful death, they can also compensate you for a loss of consortium.

What Will a Brain Injury Lawyer Charge?

Brain injury attorneys tend to work on contingency. They don’t get paid unless you do. They’ll receive a percentage of your settlement or verdict amount, though the exact percentage can vary.

What Is My Brain Injury Claim Worth?

The exact worth of your claim will depend on the severity of the injury, the medical care you’ve received and will need to receive in the future, and how long it will take for you to recuperate. Each case is unique, but your lawyer can give you a better idea of what to expect during your consultation.

Begin Your Brain Injury Claim With the Ramsey Law Group

Brain injuries can be catastrophic. They could prevent you from working and impact your quality of life. If the injury is the result of another party’s negligent conduct, filing a claim can help you receive compensation.

At Ramsey Law Group, our brain injury lawyers have years of experience assisting people in Texas who’ve suffered losses in accidents. Contact our team to schedule a free consultation with one of our skilled attorneys.