Brain Injury FAQS
1. When hiring an attorney to represent someone who has suffered a traumatic brain injury, is it necessary that the attorney have specialized knowledge of brain injuries?
Yes. The attorney you hire should have specialized knowledge and experience in the field of neurolaw and in representing people with acquired traumatic brain injury. Just as a person with a brain injury would not be treated by a general medical practitioner, he or she should not be represented by a lawyer who is a general legal practitioner. The tools for diagnosis and treatment are even specialized and an understanding of the mechanism of the injury, as well as the medicine is important.
2. Will my Brain Injury Claim end up in court?
When you begin working with an attorney, it is important to understand the course that your claim may take. A lawsuit may take years, and there are many situations which occur which do not require the expertise of the attorney, but can easily be handled by the attorney’s associate or legal assistant. As a client you have many rights, including the right to be kept up to date on developments in your case, the right to review your file, and the right to speak with your attorney. At The Joel Bieber Firm, we stay in contact with our clients, provide them with copies or letters that are sent out and keep them updated regarding conversations with the defense attorneys. You must have confidence in your attorney. Your attorney is your advocate and the only person who will be fighting to get you what the law provides.
3. Can my insurance company and the defendant’s insurance company obtain my past medical records?
Yes, the law provides that when you put your medical condition at issue, your past medical history may be relevant. One of the most disturbing events for you is the intrusion into your privacy by attorneys and insurance adjusters. This intrusion is even more pronounced for the person with traumatic brain injury. At The Joel Bieber Firm, we will work to keep out anything that is not deemed to be “reasonably calculated to lead to admissible evidence.” We are used to dealing with these issues and will represent you at every stage of the claim.
4. How much will a traumatic brain injury case cost me?
At The Joel Bieber Firm, we work on a contingency. By contract, we only receive an attorney fee, if there is a recovery. This is separate from the hiring of experts and other case expenses. Because we have a great deal of experience in presenting these claims, it gives us the experience to be able to evaluate your claim to determine what is fair value and how much will also be advanced for costs. While a client remains ultimately responsible for costs, this usually is advanced by The Joel Bieber Firm and deducted at the time of settlement or from a jury verdict. All costs are fully explained to you and discussed throughout the claim.