Guide to Selecting Legal Representation
In the aftermath of a brain injury, the injured person and his or her family often need to seek the advice of an attorney. Medical treatment, such as brain
injury rehabilitation, and long-term care services are expensive and may span many years. Individuals and families must address and make decisions
on financial issues, estate planning, returning to work or school, establishing guardianship or a power of attorney, and other issues.
Personal Injury Preferred Attorneys
Selecting a Personal Injury Attorney
Choosing a personal injury attorney can have significant long-term implications. The attorney will seek to obtain full compensation for medical bills, lost income, and future care costs. The attorney may also seek damages for pain and suffering. Choosing an attorney requires consideration of many factors, including education and training, knowledge of the consequences and treatment of brain injury, knowledge of how to structure and manage awards, and experience with similar cases. An attorney must have the financial resources to try the case as well as access to the best experts.
- How much of your practice is devoted to personal injury?
- Of your personal injury cases, how many are devoted to brain injury?
- How did you first become involved in brain injury cases?
- Based on the information you have, what are the strengths and weaknesses of my case?
- What additional information about my case do you need?
- Are you prepared to invest the money it will take to investigate, prepare, and present my case?
- Have you been successful handling similar cases in the past?
Most personal injury attorneys work under a contingent fee arrangement. This means the attorney agrees to accept a fixed percentage of the recovery. The recovery is the amount paid to the client (in this case, the plaintiff) at end of the case.
Attorneys invest substantial time and money during the investigation, preparation, and resolution of a case. Because of the financial risk involved, attorneys may decline cases if they do not believe there is a reasonable likelihood of success.
Civil Rights Preferred Attorneys
The United States Constitution, federal laws, and federal court decisions protect the civil and human rights of individuals who are disabled. These protections
include access to housing, transportation, employment, education, businesses, and government services. For more information, review the:
- Rehabilitation Act of 1973
- Individuals with Disabilities Act (IDEA)
- Olmstead Decision
- Fair Housing Act
- Americans with Disabilities Act (ADA)
- National Voter Registration Act of 1993
- Affordable Care Act (ACA)
BIAA’s Civil Rights Preferred Attorneys will examine your case and advise you on next steps.
Financial Issues Preferred Attorneys
Brain injury may leave a variety of financial issues in its wake. A person with a brain injury may be unable to return to work, may need assistance applying
for state and federal benefits, or may need help managing his or her money. In cases of long-term disability, family members may require assistance
with financial and estate planning to be sure their loved one is taken care of in the future.
A BIAA Financial Issues Preferred Attorney will assist the individual and his or her family with the financial ramifications caused by brain injury, including:
- Applying for government benefits, such as Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI)
- Estate planning, including establishing a special needs trust, living will or advanced directive, and/or power of attorney
Read Applying for Disability Benefits After Brain Injury more information on Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).
About BIAA's Preferred Attorneys Program
The BIAA Preferred Attorneys Program was established to help people with brain injuries and their families in identifying qualified legal representation. The lawyers who participate in the program are actively involved in the brain injury and legal communities. BIAA does not guarantee success or warranty the lawyers in its program. The ultimate decision of who you choose to represent you is yours to make after carefully considering all the options.
Locate a Brain Injury Preferred Attorney
Selecting an expert brain injury attorney to represent you or your loved one may be a daunting task, but we are here to help. Search for a BIAA Preferred Attorney near you.