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Coping with Mild TBI: Finances Diane Roberts Stoler, EdD, and Barbara Albers Hill, Avery, Penguin Group (page 3 of 5) Page 3 of 5

To help locate an attorney with expertise in MTBI, ask your state brain injury association if they have a referral list, or ask your healthcare professional for help. If you are in a brain-injury support group, ask other members whose services they have used or whom they would recommend. Be cautious of lawyers who advertise on television. Claims of experience with injury cases are no guarantee that an attorney is necessarily the right choice for you.

Depending on where you live, you might be able to locate more than a few lawyers who are specialists in personal injury or workers' compensation and who have an understanding of traumatic brain injury. Once you have compiled a list, you should arrange to interview each candidate personally. This is extremely important, not only to ascertain a prospective lawyer's expertise but also to ensure that you feel comfortable with him or her. Because your MTBI may cause you to have problems recalling information, consider bringing a tape recorder, notepad, or friend or family member to the interview.

The following are questions to ask an attorney that can help you determine whether he or she has the background necessary to properly represent you after a MTBI:

• How many cases similar to mine have you been involved with as the principal attorney over the past three years? Though the numbers may vary, it is important that the lawyer has had MTBI clients for whom he or she has won settlements.
• What percentage of your practice is devoted to cases or injuries similar to mine? This too may vary, depending on where you live, but it can be a good indication of an attorney's experience with MTBI cases.
• What were the results in terms of settlements or verdicts in the last five cases that you handled involving injuries similar to mine?
• Could you furnish a list of prior MTBI clients?
• How many seminars or conferences have you attended over the past two years involving presentations on injuries similar to mine? Ideally, your lawyer will have attended more than two such seminars.
• How many articles have you written over the past three years involving any aspect of injury similar to mine? It is desirable for your chosen attorney to have written at least one.
• Would you explain the process you follow in handling a case like mine?
• Do you have consultants with expertise in MTBI?
• What kinds of problems might occur in the settlement process?
• Will you personally work on my case or do you have an assistant? If an assistant will be used, does that person have experience with MTBI?
• Will you personally be representing me in court? If not, who will? Does that person have expertise in MTBI?
• What are your legal fees? Generally there are three types of fee arrangements: hourly fees, flat fees, and contingency fees. In most states, lawyers obtain a contingency fee — usually 33 percent — for auto accidents, and a fixed rate for workers' compensation settlements. The client does not pay the lawyer; rather, the lawyer receives payment only if the client is awarded a monetary settlement.

Following an MTBI, your choice of legal representation can be crucial to obtaining appropriate financial compensation for your injuries. Time invested in locating an experienced attorney will be time well spent.

Government Programs

There are a number of different government programs that may provide benefits to people with MTBI: Medical Assistance (formerly called Medicaid); Medicare; Social Security Disability; Supplemental Security Income; and Veterans' Administration programs.

Medical Assistance is a combination state- and federally-funded program. Eligibility depends on your financial and medical needs. Depending on your state, there may be restrictions on coverage, including the types of treatment, equipment, and medication covered. Medicare pays for medical services for persons who are age sixty-five or older, or who have received Social Security Disability income (see below) for at least two years.

Social Security Disability (SSD) is available to individuals whose disability occurred within five years of their last employment and who were employed for a required period of time. If you are a widow or widower and have become disabled, you may be eligible for this benefit if your deceased spouse would have met the employment criteria. There is no set salary or income required for this benefit. If you do not qualify for SSD, you and your dependents may be eligible for the Supplemental Security Income (SSI) program. This program is available to individuals with disabilities who have never been employed or who became disabled before they contributed to the Social Security fund through employment for a sufficient amount of time. It is also available to those with little income and few resources.

If you need help in applying for any of these government benefits, call your local Social Security office, listed in the government section of your local telephone directory. They can give you guidance and assistance in the application process. However, you should be aware that getting this type of help can be difficult and time-consuming, and that eligibility requirements for certain benefits are subject to change in the future — most likely in the direction of becoming more restrictive. Nevertheless, you should not be discouraged if your claim is rejected at first. With your doctor's support, persistence, and an appeal or two, you may ultimately succeed in obtaining benefits.

In most states, there are Veterans' Administration hospitals with physicians on staff who are knowledgeable about brain injuries. If you served in the armed force and have become disabled, you may be eligible for wage or medical assistance. Contact the nearest office of the Veterans' Administration, listed in the government section of your local telephone directory, to determine whether you qualify and learn how to apply.

From Coping with Mild Traumatic Brain Injury by Diane Roberts Stoler, EdD, and Barbara Albers Hill, published by Avery, the Penguin Group. Copyright © 1998. All rights reserved. http://us.penguingroup.com. Dr. Diane Roberts Stoler can be contacted via her website: http://www.drdiane.com/.

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