Selecting an Attorney After a TBI

Ask the Expert: Selecting an Attorney After a TBI

I was in an accident and sustained a traumatic brain injury. What questions should I ask when selecting an attorney to represent me?


Unfortunately, many people with TBI do not receive the specialized legal representation they deserve. A lawyer who represents a person with TBI and his or her family should have specific knowledge, education, and experience in this area of litigation. In most states, injured persons have the ability to retain a lawyer through a contingent fee agreement. The lawyer is paid a fee based upon a percentage of the sum ultimately recovered. The lawyer does not receive any fee until the conclusion of the case. Under this system, an injured person and his family can afford to retain the most qualified legal representative.

Since the results of your lawsuit will have a lasting impact on the quality of your life, it is important to find the most qualified lawyer for your brain injury case.

Here are some questions to ask any attorney you are considering retaining in a brain injury case:

  • How many cases similar to mine have you been involved with as the principal attorney over the past three years?
  • What percentage of your practice is devoted to representing people with a traumatic brain injury?
  • Will you be handling my case personally or will you be referring it to another lawyer or law firm?
  • What have been your results in representing people with cases similar to mine?
  • Have you written and published any articles on traumatic brain injury?
  • Have you lectured to any bar associations, brain injury associations, or other groups about the effective legal representation of people with traumatic brain injury?
  • Do you actively participate in your state's brain injury association?
  • Do you regularly attend conferences and read textbooks and articles about traumatic brain injury?
  • Have you ever received any professional honors and awards concerning your representation of people with a brain injury?
  • Does your law firm have the financial resources to advance and properly prosecute my case, if necessary?

Don't be afraid to ask these questions and any others you have. The lawyer will be working for you and you deserve to know that he or she has the qualifications you're looking for.


Please remember, we are not able to give medical or legal advice. If you have medical concerns, please consult your doctor. All posted comments are the views and opinions of the poster only.

Posted on BrainLine March 25, 2009. Reviewed March 20, 2018.

About the author: Michael Kaplen, Esq.

Michael V. Kaplen, Esq. is a partner in the New York law firm De Caro & Kaplen, LLP. Mr. Kaplen is a professorial lecturer in law at The George Washington University Law School, where he teaches a course in traumatic brain injury law. Mr. Kaplan serves on the board of directors for the New York State Academy of Trial Lawyers.

Michael Kaplen

Comments (5)

Please remember, we are not able to give medical or legal advice. If you have medical concerns, please consult your doctor. All posted comments are the views and opinions of the poster only.

What does one do when they're 5 years old and they get hit by a tow truck in the state of California and has major life issues that are connected to California but lives in Colorado? My HIPAA rights are highly violated. Do you have any recommendations of an attorney that could help me with an ietf beneficiary settlement situation that is ending on March the 20th and I am being tortured because of the situation. I don't know how else to be other than blunt because at this point I've contacted everybody on the planet to try to get help for the situation and in regards to just regaining my life I could care less about the money. People that have brain injuries are highly exploited or is this just me?

If you are involved in TBI litigation, it is important to find the right medical expert witness. Often a Forensic Psychiatrist who is board-certified in Brain Injury Medicine would be the ideal expert witness who can opine on TBI, Neurocognitive Disorder (Dementia), PTSD and other co-occurring psychiatric disorders.

I am going through a custody battle now And due to this fact I have had a tbi 3 years before having my son, can I get help with an attorney in a custody case battle now

I was in a work accident back in 2016 and sustained a severe traumatic brain injury that almost killed me. It has changed my life completely. I even have a permanent vision impairment as a result. At some point I will be offered an award from workers compensation, and I know they wont offer me what I deserve for what ive been through. Do you know of any lasers here in salt lake city utah who are proficient in both workers comp and TBI cases?

Are there any resources in Seattle area that you would recommend.
My husband sustained a TBI from an attack at work so questions and possible representation for L&I will be needed as well.
Thank you