A head injury attorney is a lawyer who handles cases relating to traumatic brain injuries and closed head injuries. The attorney’s main job is to litigate the case to get a settlement that is in the best interest of his client. Some head injury attorneys represent plaintiffs while others work as defense lawyers.
There are different types of head injury cases that a head injury attorney may work on. One type is a traumatic brain injury, which occurs from forceful twisting or shaking of the neck area. Often, this kind of head injury happens to motor vehicle accident victims and infants when vigorously shaken. Another type of condition that a head injury attorney litigates is an acquired brain injury, which results from a condition such as an undiagnosed disease, asphyxiation or even hospital error.
When a head injury attorney gets a case, the attorney meets with the client for an initial consultation to discuss the case. If the attorney is representing a plaintiff, the attorney will get the person’s medical records and total expenses relating to the head injury. Sometimes the attorney is representing a defendant, such as a hospital, and the lawyer may go to the medical facility to interview the staff involved.
Another important responsibility for a head injury attorney is retaining good experts to provide testimony and to review medical records. The head injury lawyer has to hire neurologists, psychologists and cognitive rehabilitation specialists to examine the plaintiff and possibly provide court testimony. If the case involves a motor vehicle accident, the attorney may also hire an accident reconstruction expert.
Most of the time a head injury attorney will try to settle the case as soon as possible so that the client will have money for medical bills, prescriptions, and doctors appointments. If the parties are unable to settle the case, the attorney will have to prepare for court. The lawyer will gather trial exhibits, draft a pre-trial agreement and then present his case to the judge for a decision. After a judge hears the matter, the judge will issue an order that includes case facts, the judge's opinion and any stipulations. The attorneys will draft a settlement agreement summarizing the terms of the order or file an appeal if they do not agree with the judge’s decision.
A person who works as a head injury attorney has to be familiar with the medical conditions and symptoms associated with head injuries. A good head injury lawyer is also familiar with personal injury laws as well as jurisdictional statutes regarding wage compensation and medical expenses. Attorneys who work on these cases also have to be committed to the client because head injury cases often take years to settle if the client is still getting rehabilitation.
