If you’re thinking about hiring a brain injury lawyer, some of the questions you should ask before signing a contract with them include:
- Have you handled a brain injury case before?
- How much does it cost to work with you?
- What kinds of case tasks will you handle for me?
You should feel comfortable with the law firm you work with, as you will need to share specific details about your case, accident, and medical condition. One way to determine whether the attorney-client relationship is a good fit is to ask your brain injury lawyer in New York these eight questions:
- Have You Handled a Brain Injury Case Before?
- How Much Does It Cost to Work With You?
- What Kinds of Brain Injury Case Tasks Will You Handle for Me?
- What Is the Average Settlement for a Brain Injury Case?
- Who Will You Hold Accountable for My Brain Injury?
- What Is the Timeframe for My Case?
- What Types of Evidence Do You Need to Build My Brain Injury Case?
- Is There Anything I Should Do to Protect My Case?
- Call Us With Questions About Your Brain Injury Case
Have You Handled a Brain Injury Case Before?
Hiring a lawyer who knows what to anticipate in your case is helpful. They’ll know what to expect at each stage of the legal process, so they ensure you’re prepared for what’s next. Your lawyer should also be familiar with the laws that apply to your case.
Find out if the lawyer you’re considering has experience working with your accident type, too. For example, if you suffered a brain injury in a car accident, you may want to search for a lawyer who has good reviews after handling car accident cases. While this may seem quite obvious, here is why we make a point of it. When a lawyer is admitted to the bar, their law license permits them to handle any type of case. There are many areas of practice, such as Criminal defense work, bankruptcy, immigration, divorce cases, real estate, etc., etc., etc. Just because a lawyer is legally permitted to handle a certain matter does not mean he or she has a thorough knowledge of that branch of the law. The founding partners of our law firm made the choice decades ago to concentrate on and limit our firm’s work to a single practice area, personal injury law. They felt, and still maintain, that this allows us to bring a laser-like focus to issues pertaining to accident injury matters. By doing so, they felt we would best position ourselves to win the best possible case outcomes for our seriously and catastrophically injured clients.
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How Much Does It Cost to Work With You?
Many personal injury lawyers work on a contingency-fee-basis, which means they don’t charge upfront or out-of-pocket fees. This benefits you because you won’t need to spend even more money than you already have after the accident.
Ensure you discuss the law firm’s payment structure, such as how much they’ll charge you and when they’ll expect a payment.
What Kinds of Brain Injury Case Tasks Will You Handle for Me?
You should always ask your brain injury attorney about the services they provide. Finding a firm that will take the legal burden off your shoulders allows you to focus on treating your brain injury. You’ll want to find a firm that will:
- Keep you updated on the status of your case
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
- Determine a value for your case
Filing a personal injury claim is overwhelming on your own. It’s important to find a firm that will make your case less stressful.
What Is the Average Settlement for a Brain Injury Case?
While there is no meaningful average settlement for a brain injury case as every case is so unique. Even two passengers of the same car injured in the same accident suffering similar injuries will in almost all cases have dissimilar case outcomes. Their injuries, treatment, and levels of recovery will most likely be significantly different, as will the results these differences create. You should ensure the lawyer you hire will determine an accurate value for your case. Once they’ve assessed your case’s details, they will explain your options for recovering the following types of damages:
- Medical expenses
- Property damage, if applicable
- Lost income
- Reduced earning capacity
- Loss of enjoyment of life
- Impaired quality of life
- Physical pain and suffering
- Emotional distress
- Wrongful death damages, if your loved one passed away in a brain injury accident
Essentially, you’ll want to ensure the firm you hire has your best financial interests in mind.
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Who Will You Hold Accountable for My Brain Injury?
Ask your lawyer about whether they will be able to file a case against the liable party. For example, if your injury happened due to medical malpractice, you should confirm that your law firm feels comfortable filing a case against a doctor or medical facility.
Depending on your case’s details, you want to find a firm that will hold any of the following at-fault parties responsible:
- A negligent driver
- A dog owner
- A property manager or owner
- A truck driver or their employer
- The manufacturer or seller of a defective product
What Is the Timeframe for My Case?
Although your lawyer can’t tell you exactly when your case will settle, they can explain how much time you have to file it. Each state sets a different statute of limitations depending on the type of case you play to submit. In New York:
- New York Civil Practice Laws & Rules § 214 generally gives you three years to file a personal injury lawsuit.
- Estates, Powers & Trusts § 5-4.1 typically gives you two years to file a wrongful death lawsuit.
- New York Civil Practice Laws & Rules § 214-A generally allows you two years and six months to file a medical malpractice lawsuit.
Discuss your case type with your lawyer to ensure you know the laws and deadlines that apply to your case. (Please note, a shorter statute of limitations than the ones listed above, may apply to your accident case. We will be happy to review this with you patiently, compassionately, and comprehensively.)
What Types of Evidence Do You Need to Build My Brain Injury Case?
Your lawyer will conduct an investigation to collect any necessary evidence. However, if you have any of the following evidence, your lawyer will likely ask you to bring it to them so they can add it to your case:
- Your medical records or any other medical evidence you have
- The police report
- Photos or video evidence from the accident scene
- Contact information of any witnesses
Remember to ask your lawyer if they will speak to any expert witnesses, like medical experts or economists, who will support your case.
Is There Anything I Should Do to Protect My Case?
When you talk to your lawyer, ask them about any steps you should take to protect your case. They will likely recommend:
- Allowing them to speak to the insurance company on your behalf
- Avoiding social media
- Refraining from providing accident details to anyone who isn’t involved in your case
Call Us With Questions About Your Brain Injury Case
If you suffered a brain injury, give Friedman & Simon, L.L.P. a call. During a free initial consultation, we will answer any questions you have about our experience managing brain injury cases. Feel free to discuss the details of your case with our team at no cost or obligation.
Don’t wait to reach out, as you have a limited amount of time to file your case. Contact us today to get started seeking justice against the liable party.