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Law

What is a Traumatic Brain Injury Lawyer?

By Christopher John
Updated May 17, 2024
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A traumatic brain injury lawyer specializes in lawsuits relating to various types of brain injuries. A traumatic brain injury (TBI) can arise in a variety of ways, such as from auto accidents, sporting accidents, defective products, medical malpractice, fights, or from falling down. A traumatic brain injury lawyer will take legal action against the person or company responsible for causing the injury. A brain injury often results in permanent impairment to an individual, which can destroy the finances of a family. A traumatic brain injury lawyer can help a victim obtain just compensation to cover medical bills, pain, suffering, and long-term health care.

An experienced traumatic brain injury lawyer will know how to fight an insurance company and its lawyers. A TBI lawyer will begin by evaluating a client’s case to determine who is responsible for the injuries. The lawyer will then take appropriate action to ensure that a client does not miss any critical deadlines that might bar the client from taking legal action. For example, each jurisdiction will have a statute of limitations, which prevents lawsuits from proceeding after a certain period has elapsed. These time periods will differ based on the unique circumstances and parties in each case.

A traumatic brain injury lawyer is not like an ordinary personal injury lawyer. A TBI lawyer requires special knowledge concerning the various types of brain injuries and the subsequent medical treatment of such injuries. This special knowledge helps a traumatic brain injury lawyer to communicate effectively with medical professionals. If a lawyer lacks knowledge of the unique issues relating to brain injuries, the lawyer will not know what types of questions to ask medical experts to prove the extent of injuries. Consequently, a lawyer would not have the skills necessary to build a strong case for a client, which means that a client will not receive fair compensation for injuries.

Most usually, a traumatic brain injury lawyer will work on a contingency fee basis. This means the lawyer will not charge fees up front for the legal services provided. Instead, a client will pay the lawyer if the lawyer is able to secure a settlement or win a favorable judgment. A traumatic brain injury lawyer will not accept a case unless he is virtually certain of two key matters. The lawyer needs to be confident that the opposing party is liable for the injuries, and that the opposing party has the resources to pay a judgment.

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