10 Questions to Ask a Head Injury Lawyer

UPDATE: Michigan’s New No-Fault Law went into effect July 1, 2020. The information on this page was written prior to the change in the law and may be out of date. Please visit https://callsam.com/No-Fault-law/ for updated information on the new No-Fault law in Michigan.  

If you or a loved one has sustained a head injury, it’s important to hire the right head injury lawyer. A qualified head injury lawyer can make a big difference in the amount of compensation you receive. Here are 10 questions to ask before you sign on the dotted line.

Do you have experience with head injury cases?

If you have a serious head injury, you want a lawyer who specializes in this complicated area of the law. And, if the injury resulted from a car crash, you need a lawyer who is also an expert in auto accident cases. Before you decide on an attorney, ask about their experience with cases similar to yours. Don’t be afraid to ask how many cases they have won and the amount of their average verdicts and settlements.

Will I have any up-front costs if I hire a head injury lawyer?

Reputable personal injury lawyers will never ask a client to pay in advance. Like the attorneys at our firm, personal injury lawyers work on a contingency basis. This means we get paid only after your case is resolved. If a lawyer asks you for an up-front deposit, you should seek legal representation elsewhere.   

Will I receive compensation for pain and suffering damages?

Many factors determine whether a plaintiff is entitled to non-economic damages such as pain and suffering. A knowledgeable head injury lawyer will make this assessment after evaluating the details of your case. In Michigan, personal injury claims are subject to the doctrine of “comparative negligence.” Briefly, this means plaintiffs who were more than 50% at fault for an accident cannot collect non-economic damages.

Will my case be settled out of court or will there be a trial?

Many head injury cases are settled without a trial. However, if your case cannot be settled out of court, you want to make sure your lawyer has extensive trial experience. Ask the lawyer you are interviewing about their courtroom experience and what results were achieved.

What are the signs of a head injury?

If you suspect a head injury, seek medical attention immediately. Here are some common signs of a traumatic brain injury, which can result from a car crash or a fall:

• Persistent headache
• Loss of consciousness, even for a few seconds
• Feeling confused or disoriented
• Nausea or vomiting
• Drowsiness or sleeping excessively
• Speech difficulties
• Dizziness or loss of balance
• Sensory issues such as blurred vision or ringing in the ears
• Sensitivity to light or sound
• Memory or concentration problems

Is there a time limit for filing a head injury lawsuit?

The typical statute of limitations for personal injury cases in Michigan is two years. While there are exceptions, it is better to file a claim as soon as possible. Otherwise, you could lose your chance to receive the compensation you deserve.

What are the most common causes of head injuries?

Auto accidents or falls are most likely to cause a traumatic brain injury (TBI), which results from a forceful blow or jolt to the head or body.

In addition, a doctor who uses forceps incorrectly can cause damage to the delicate brain of a newborn.

Non-traumatic brain damage is another type of brain injury that usually results from a stroke or oxygen deprivation. A newborn who is deprived of oxygen during labor or delivery may be born with cerebral palsy.

What kind of settlement can I expect from a head injury claim?

A settlement or verdict in a personal injury case depends on many factors. A skilled injury lawyer will prepare a case designed to win the maximum possible amount of compensation. This usually includes extensive medical records and, in some cases, expert witness testimony.

Will my medical bills be paid if I need long-term care?

If you were injured in an auto accident, your Michigan No-Fault insurance provides lifetime coverage of “reasonable and necessary” medical expenses, including attendant care. In addition, your Personal Injury Protection (PIP) benefits will cover 85% of lost wages and up to $20/day for replacement services.

If you were injured in a fall, your lawyer will help you receive the benefits you deserve according to your individual situation.

Can you start working on my case while the current stay-at-home order is in effect?

You want to make sure you choose a law firm with the resources to serve you while complying with the current restrictions.

“The law doesn’t wait. That’s why we’ve expanded our technological capabilities so we can continue to serve our clients while they remain safely at home,” says Mark Bernstein of The Sam Bernstein Law Firm. “Your pain and your bills haven’t stopped, and we won’t stop fighting to win the compensation you and your family deserve.”   

Personal injury law is complicated, but finding the right lawyer is simple.

Call 1-800-CALLSAM today for a free no-obligation consultation from the safety of your home.

Sources:

https://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/symptoms-causes/syc-20378557