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How do I choose the best lawyer for a brain injury case in Maryland?

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A traumatic brain injury is a life-changing event. While a personal injury lawsuit cannot turn back time and erase your pain, it can provide financial compensation that helps you move forward. Cases involving traumatic brain injury are complex, and your choice of lawyer can have a significant impact on the outcome of your case.

To maximize the compensation that is available to you or a loved one after a serious brain injury, it is important to work with an attorney who has extensive experience, a record of results at trial and the necessary resources to counter the insurance company’s tactics.

Getting the full value of your case

The responsible party, often an insurance company, will do everything possible to undervalue your claim. Unfortunately, too many brain injury survivors go without the focused legal representation it takes to counter the opposition’s tactics. While most personal injury firms happily take brain injury cases, not all of them have the experience and resources to pursue those cases to the fullest.

The choice of an attorney is personal, and only you will know which lawyer is right for you. In our experience representing brain injury survivors in Maryland, we have found several characteristics of attorneys that contribute to a successful case:

  1. Experience and knowledge – Brain injury cases are extremely complex. Not only do they involve extensive medical evidence, but they are a single chance to recover compensation for your injury. If an expense is not covered in your initial claim, you will not be able to add it later on. A lawyer who has successfully handled similar cases will know how to seek the fullest possible financial recovery so you have the money you need to get back to your life and be protected into the future.
  2. Trial-tested results – Most injury cases settle out of court after negotiations with the insurer or other responsible party. However, that does not mean an attorney’s trial experience should be overlooked. Preparing a case for trial if necessary sends a clear message to the insurance company and puts your mind at ease if you end up pursuing your case in court.
  3. Financial and staffing resources – A personal injury claim is an investment that your law firm makes in your case. They will cover the expenses of hiring expert witnesses, attorney hours to review documents and preparing evidence for trial, to be recouped from the verdict or settlement. Be sure your law firm can cover these costs to give you the best possible chance of success.

Questions to ask a potential attorney

When looking for a brain injury attorney, it is wise to start with a law firm’s website. Look for information about the firm’s brain injury practice, client testimonials, credentials and results in similar cases. If it sounds like the firm has the experience to represent you effectively, the next step is to set up an initial consultation.

During your first meeting, a lawyer should take the time to answer any questions you have about your case or what you can expect from the legal process. This is an opportunity to determine whether the firm is a good fit. Take your time and make sure you feel comfortable with a lawyer before signing a retainer. There is nothing wrong with interviewing a few attorneys until you find the best fit for you.

Some helpful questions to ask during a brain injury consultation include:

  • How will you determine what is an appropriate settlement amount? It is difficult to predict a settlement in the early stages of a case, but your lawyer should be able to talk about their past results and tell you how they will evaluate your claim.
  • Are you prepared to go to trial if there isn’t an acceptable settlement offer? Insurance companies take claims more seriously when they know your attorney won’t back down from a fight in court.
  • Does your firm have the financial resources to thoroughly pursue my case? Crafting a compelling story from the available evidence can be expensive, requiring expert witnesses, extensive medical testing and trial preparation. Your law firm should have the means to cover these costs until they are reimbursed by the responsible party.
  • Can you tell me about some trial victories you’ve had in similar cases? Attorneys are proud of their results, so the lawyer should be able to give you some examples of successes. Not only will this demonstrate their success but will also give you some insight into how they’ve handled other brain injury cases.
  • Who will I be communicating with at the firm? At some personal injury firms, clients struggle to get in contact with the lawyer handling their case. Understand what your attorney can provide in terms of communication and updates.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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