Traumatic Brain Injury : What questions you should ask before deciding on an attorney

Traumatic Brain Injury Definition

A traumatic brain injury (TBI) happens when a bump, blow, or other head injury causes damage to the brain. The symptoms of a TBI can appear immediately or over time; they can include temporary or permanent impairment of thinking or memory, movement, sensation (e.g., vision or hearing), emotional functioning (e.g., personality changes, depression), or even death.

The issues that stem from TBIs not only affect the individuals who suffered the injury, but can have lasting effects on their families and communities. The financial costs alone can be taxing on communities – it is estimated that in the U.S., the direct and indirect costs associated with traumatic brain injuries are $48.3 billion annually.

Individually, it is estimated that a TBI can cost a single person up to $4 million in his or her lifetime. Although awareness about traumatic brain injuries is growing, many people impacted by TBI suffer for lack of resources.

If you or a loved one has sustained a brain injury you should consider seeking legal representation to see if you are eligible to recoup money for your damages.

What a brain injury attorney can do for you

There are numerous complex legal and medical issues that must be taken into consideration in a brain injury case. If you or a loved one is suffering from a TBI, working with an attorney who has a track record of advocating for TBI victims will give you the best chance of receiving the compensation you deserve.

Not only is it important to find someone with the legal expertise to win your case, but it is equally important to find a lawyer who understands what you are experiencing. A personal injury lawsuit can be a long road, and communication is critical.

A person suffering from a traumatic brain injury is already struggling with cognitive and emotional challenges, and a good lawyer will need to know how to communicate effectively and patiently with his brain injured client.

Over the past twenty-five years, Eric Ratinoff has represented numerous people suffering from traumatic brain injuries, recovering millions of dollars on behalf of his brain injured clients. He is an active member of the brain injury resource community here in Sacramento, serving on the board of directors of the California Brain Injury Association (BIACAL).

Build a strong personal injury case

Brain injury cases can be challenging to win. For a TBI victim to receive compensation for his or her injury, there must be solid evidence another party caused the injury, and that party is legally liable for the damages. Plus, there needs to be evidence that the injury affects the victim’s health, work, relationships, and overall well being.

A lawyer will have the resources and legal experience necessary to help a TBI victim:

  • Gather evidence to support their claim.
  • Secure expert medical testimony.
  • File proper legal documents.
  • Build and present their case to insurers or the court.

Help you get the compensation you deserve

An experienced traumatic brain injury lawyer will advocate on your behalf, to give you the highest chance of receiving compensation for current and future expenses, including:

  • All medical costs (ambulance, surgical, hospital bills, etc.)
  • Rehabilitation expenses
  • Lost income
  • Diminished earning capacity
  • Pain and suffering

Provide legal guidance

Beyond helping you recover damages for your injury, an experienced attorney also understands that you will have questions about the legal process and are hungry for information about your case.

A good attorney will be empathetic to the challenges you are facing and will have the human experience, skills, and patience necessary to help you understand your case.

Too many people feel as though they are just another number on their lawyer’s desk. At our firm, we believe that your experience with our team is just as important as the results we obtain for you.

We want you to feel confident about your case. You should never feel in the dark about what is happening. We do our best to keep you informed about the various phases of litigation and encourage you to call us with questions at any point from start to finish.


The best questions to ask potential attorneys about your brain injury claim

Before selecting an attorney to represent yourself or a loved one, we encourage you to do your research. Don’t settle for the first attorney you find. You should choose the attorney who is equipped to achieve the best possible outcome for your case.

Before deciding on an attorney, ask them the following questions:

  • Have you ever handled a brain injury case before? How many?
  • Do you or does anyone in your firm have experience handling TBI cases like mine?
  • What are the potential strengths and weaknesses of my brain injury claim?
  • What medical treatments will my claim take into account? Do you think I will receive compensation for long-term cognitive therapy and any medication I might need?
  • If my injury makes it impossible to work, will my claim be able to compensate me for my lost wages and future income?
  • Do you consult with any brain specialists on a regular basis?
  • How will you calculate the potential value of my case?
  • What results have you garnered for victims with injuries similar to my own?

You should speak with a few attorneys before deciding on one to take on your claim. Compare potential attorneys based on how they answer your questions, and take heed to your gut instinct. Go with the person who provides you the most assurance that they will be working for your best interest.

If you are looking for more information about brain injury claims or would like to discuss this blog post, don’t hesitate to reach out to us.

Eric Ratinoff has years of experience advocating for men and women dealing with the effects of traumatic brain injuries. TBI is an area of practice close to his heart, as he has spent the majority of his career fighting to increase the resources available to people impacted by brain injury.

He serves on the board of the California Brain Injury Association and spends time helping them fundraise in new and inventive ways. If you’d like to learn more about Eric’s involvement with traumatic brain injury, visit our YouTube channel!