Choosing the Right Attorney

Few of us realize how pervasive the law is in our lives until we get into a dispute with someone else. Then we are amazed to discover what a tangled web of law there is and how complex and endless the rules seem. The threshold question in many situations involving the law is whether you can do it yourself or whether you need a lawyer to advise you on your rights or handle the matter for you completely.

Unfortunately, we live in a day and time where millions of dollars have been spent persuading the general public (prospective jurors) that should an injured victim exercise their fundamental constitutional right by bringing suit, that individual is merely adding to an already litigeous society. Nothing could be further from the truth.

Where a lawsuit is not pursued, unless the injured victim is independently wealthy, the taxpayers will bear the brunt of financial responsibility. Indeed, in catastrophic cases the victim may end up institutionalized unless sufficient funds are secured in order to meet the victim's medical and support needs.

Compounding the problem is the fact that many victims of traumatic brain injury, especially mild traumatic brain injury, are in a state of denial regarding the profound impact of the injury itself. While victims of mild TBI or Traumatic Brain Injury have not sustained catastrophic injuries, which may cause an individual to be institutionalized, they have nonetheless sustained injuries that will have a significant impact on their vocational capabilities.

Combining denial with the current disfavor regarding lawsuits may very well prove to be a recipe for disaster for the injured individual. Only a lawyer can assess the legal health of the injured victim by investigating the facts, researching the latest developments in the law, applying his or her legal training and experience, and then advising the victim of the alternatives. A good lawyer can spot the jagged rocks that may lie below the waters of a seemingly simple dispute and can help the victim plan a course of action to avoid them.

Unfortunately, all lawyers are not created equal. It is a very sad fact of traumatic brain injury life that many survivors will not receive adequate compensation for their injury because their lawyer did not have enough experience to know how to analyze, prepare and present a substantial claim for damages. Many times, the blame is directly traceable to the attorney who is not forthright in the first place regarding his/her lack of experience handling cases involving traumatic brain injury. Time after time the inadequate result rests with the attorney who did not understand the seriousness of the injury simply because of its invisible nature.

Even where an injured victim has overcome denial, and has overcome the social stigmas associated with bringing a lawsuit, the victim may experience further damage due to an association with a lawyer who has no idea how to properly present claims involving traumatic brain injury. Beware: education, training, and experience varies among lawyers.

You are about to embark on one of the most important decisions of your life: The choice of the right lawyer to represent you. You are armed with a powerful tool, the Contingency Fee Agreement. This Agreement allows you to retain experienced counsel without having to pay hundreds of dollars per hour up front. Ensure that you are comfortable with the counsel of your choice. Ensure that counsel has the confidence and experience to properly handle your case. The path is a difficult one, and the choice of counsel can make all the difference in the world.

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