Brain Injury Legal Help

Written by Shirley Parker
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A leading cause of brain injury is trauma sustained in car accidents, especially to males between 16 and 25. But industrial accidents also take their toll, and an increasing number of brain injuries are caused by sports or recreation accidents, and criminal behavior. Slip and fall accidents, medical malpractice, accidental gunshot wounds, farm machinery (and even suffocation in a silo), can all result in a frantic trip to the emergency room.

Legal help should be sought as soon as possible after the brain injury has been sustained. An ethical attorney will refer you to a colleague at another law firm if he lacks expertise in brain injury actions. That is, he will refer you to another attorney, if he has not already filed a lawsuit in several brain injury cases, resulting in a substantial monetary award for each client. It's preferable that yours not be the first brain injury case he or his firm handles.

In almost every state, the lawyer who takes your case will not get paid until and unless he achieves a financial settlement in a personal injury case. Keep that in mind if a law firm tries to charge you a fee at the time of the first visit. See what other law firms say they'll do, in their advertisements. Call your state bar association and ask if you have to make a down payment of any kind.

Settling Out of Court

It is always less costly for both sides, if a just settlement can be negotiated without going to trial, regardless of the amount of evidence that has been compiled. In fact, a considerable amount of medical evidence, accident reports, eyewitness statements, family member observations and statements from expert witnesses will generally convince the responsible party to make a generous offer. If that fails, a lawsuit will be filed. Sometimes, such lawsuits result in a jury trial.


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