Personal Injuries

Traumatic Brain Injury Lawyer - What to Ask Before Hiring One

Imagery of a CT scan for a traumatic brain injury

Table of Contents

I. Introduction

II. Understanding Traumatic Brain Injuries

III. Qualities to Look for in a TBI Lawyer

IV. Questions to Ask Before Hiring a Traumatic Brain Injury Attorney

1. How Many Years Have You Been Practicing Law?

2. What's Your Fee Structure?

3. What Are Your Win Rates?

4 What Is Your Specialty?

5. What's Your Experience with Traumatic Brain Injury Cases?

6. How Will You Handle Communication and Updates?

7. Will My Case Be a Priority?

8. What Will the Firm Do for Me?

9. Do You Have Trial Experience?

V. Why Is There a Need to Hire a Traumatic Brain Injury Attorney?

1. The Insurance Company Will Not Be Fair With You

2. You Will Not Know How to Handle Disputes

3. You Do Not Have the Time

VI. Conclusion

VII. Frequently Asked Questions (FAQs)


Depending on the accidents' specifics, a person involved in it may experience a variety of personal injuries. A traumatic brain injury (TBI) is one of the most severe and devastating types of human damage.

Almost any event or occurrence can result in a traumatic brain injury, including slips, trips, falls, and motor vehicle accidents, the first and second-largest causes of TBIs, respectively. While any personal injury attorney may manage a slip-and-fall or auto accident case, not every attorney can handle a TBI case competently.

Due to the severity of the damages, TBI cases are much more complex and frequently contentious. Therefore, victims of any personal injury case who have sustained a TBI should contact an expert brain injury attorney.

However, it is not always simple for victims and their families to locate an expert TBI attorney. Many may advertise that they can handle cases involving brain injuries, but this does not imply that they are effective or have experience in doing so.

Understanding Traumatic Brain Injuries

Traumatic brain injuries can result from various accidents, including car crashes, falls, sports injuries, and workplace accidents. These injuries can have devastating consequences, impacting cognitive function, memory, and even personality. Seeking legal assistance is crucial to address the long-term effects of such injuries. An article posted by Northwestern University in 2016, highlighted that the cost of a patient's treatment for a traumatic brain injury can range from $85,000 to $3 million, which reinforces the need to hire an attorney who can truly handle your case professionally.

Neurologist performing a brain scan in the background with a monitor showing the brain
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Qualities to Look for in a TBI Lawyer

Certainly, let's dive deeper into each of the qualities to look for in a traumatic brain injury (TBI) lawyer. When searching for legal representation, these qualities play a pivotal role in ensuring that your case is handled effectively and with the utmost professionalism.


An experienced TBI lawyer brings a wealth of knowledge to your case. Look for a lawyer who has successfully handled a variety of TBI cases over the years. Their familiarity with the intricacies of TBI claims, medical terminology, and relevant laws can significantly impact the outcome of your case. Their experience allows them to anticipate potential challenges and navigate the legal process with confidence, putting you in a better position for a favorable result.


Choosing a lawyer with expertise in TBI cases is crucial. Traumatic brain injury cases require a specialized understanding of medical and legal aspects. A lawyer with expertise in this area knows how to interpret medical records, collaborate with medical experts, and present complex medical information in a way that supports your claim. Their expertise helps build a strong argument that highlights the extent of your injuries and their impact on your life.

Communication Skills:

Effective communication is paramount in legal proceedings. A TBI lawyer with excellent communication skills can convey your story, pain, and suffering compellingly to insurance companies, opposing parties, and, if necessary, a jury. They can articulate the extent of your injuries and the challenges you face, making it more likely that others will understand and empathize with your situation.


Empathy is a quality that sets exceptional lawyers apart. An empathetic TBI lawyer not only understands the legal aspects of your case but also shows genuine concern for your well-being. They recognize the emotional toll that a traumatic brain injury can take on you and your loved ones. This empathy enables them to provide not only legal guidance but also emotional support throughout the legal process.

Proven Track Record:

A proven track record speaks volumes about a lawyer's ability to achieve favorable outcomes. Look for a TBI lawyer who can provide examples of successful cases they have handled in the past. A history of securing substantial settlements or verdicts demonstrates their skill in negotiating with insurance companies or presenting a compelling case in court. Their track record instills confidence in their ability to effectively represent your interests.

By considering these qualities when searching for a TBI lawyer, you can ensure that your case is in capable hands. An experienced, knowledgeable, and empathetic lawyer with excellent communication skills and a history of success can greatly enhance the likelihood of a successful outcome for your traumatic brain injury claim.

Two men checking a laptop with one showing satisfaction with a thumbs up.
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Questions to Ask Before Hiring a Traumatic Brain Injury Attorney

1. How Many Years Have You Been Practicing Law?

It may seem obvious to ask an attorney how long they have been practicing law. However, not all attorneys will be forthright in this answer. Some experienced attorneys may claim that they have been practicing law for ten years but have been doing so for only five years. Honest lawyers can provide you with accurate answers. Those with more years of practice will have handled more cases and learned from their failures. Therefore, finding an attorney with a long and successful history is essential. The same goes for handling traumatic brain injury cases. An attorney can claim that they have experience in handling TBI cases. However, it would be best if you asked the attorney how many TBI cases they have handled thoroughly and successfully.

2. What's Your Fee Structure?

Understanding the financial aspect of legal representation is essential. For example, our fee structure is designed to ensure that clients face no financial risk when pursuing their traumatic brain injury (TBI) cases. Once a client accepts our representation and signs a retainer agreement, they can rest assured that they won't need to worry about upfront fees. Our fee arrangement is contingency-based, meaning that the payment for our legal services is contingent upon the successful outcome of the case. The fixed percentage, which we discuss and agree upon with the client beforehand, is the only fee that will be awarded to us if we win the case. In other words, our payment is directly tied to the client's victory. This approach not only eliminates financial burdens for our clients but also ensures that we are fully invested in achieving the best possible outcome for their TBI case. We believe in shouldering the financial risk ourselves, as it aligns our interests with the clients' and underscores our commitment to pursuing justice on their behalf. This is crucial information for you to know before hiring an attorney, especially one who will handle your TBI case.

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3. What Are Your Win Rates?

Every personal injury attorney that you consider hiring should be able to provide you with the verdicts and settlements of their past cases. By doing so, you can calculate your chances of winning your case. Therefore, you must ask the attorney to provide you with a list of past cases and their outcomes. The attorney should be able to provide you with the information that you request and more.

Suppose you have sustained a traumatic brain injury. In that case, your damages may include but are not limited to facial trauma, spinal cord damage, permanent disability, and loss of physical and mental faculties. If you have sustained a brain injury, you must hire an experienced attorney to represent you against the insurance company. The insurance company will attempt to pay you as little money as possible. At the same time, your injury attorney will fight for your rights and try to recover the maximum amount of money that you deserve.

4. What Is Your Specialty?

Most attorneys will advertise that they handle cases of all types. However, hiring an attorney specializing in cases involving traumatic brain injuries is essential. This is because different types of brain injuries require different types of treatment and recovery. Therefore, a general attorney will not have the knowledge, experience, or skills to handle your case effectively. The only one you should hire for your traumatic brain injury case should be a specialist in this area. Confirming that your attorney has the experience and ability to handle your case is essential.

5. What's Your Experience with Traumatic Brain Injury Cases?

Experience is paramount when handling traumatic brain injury (TBI) cases due to the unique challenges they present. TBI cases involve intricate medical complexities, including understanding medical reports and treatment plans. Lawyers need to account for hidden symptoms that may develop over time and establish a clear link between the accident and the brain injury. Calculating the long-term impact on an individual's life, considering both tangible and intangible damages, requires expertise. Moreover, insurance companies often downplay TBIs, and experienced lawyers are adept at countering such tactics. Negotiating fair settlements, being trial-ready, and comprehending the wide-ranging implications of TBIs are all crucial. Choosing an experienced TBI lawyer ensures these challenges are met effectively and increases the likelihood of a successful outcome.

6. How Will You Handle Communication and Updates?

Effective communication is a hallmark of top-tier lawyers who excel in handling traumatic brain injury (TBI) cases. Inquiring about their communication approach is crucial. Ask them not only about their preferred mode of communication but also about the frequency of updates you can expect throughout the legal process. Reputable lawyers ensure that clients are consistently informed about the progress of their cases, whether it's through regular phone calls, emails, or in-person meetings. They understand the importance of keeping clients informed, especially in TBI cases where developments can impact medical treatments and ongoing care. By transparently sharing updates, top-tier lawyers foster a strong attorney-client relationship built on trust and ensure that you are actively engaged in the legal process.

Lawyer having a video meeting with a client
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7. Will My Case Be a Priority?

It is essential to hire an attorney who will take your case seriously. While a traumatic brain injury can be devastating, your case may be buried under a mountain of paperwork and other issues that the attorney has. Therefore, asking the attorney if your case is a priority is essential. Make sure that blood and sweat will be poured into your case. If the attorney tells you your case will be a priority, you should thoroughly investigate their claims. An attorney can only provide you with the best possible service if your case is a priority.

8. What Will the Firm Do for Me?

Your attorney should be able to explain what they will do for you. This includes everything from initial consultations to court dates, meetings, phone calls, emails, and other forms of communication. Traumatic brain injuries can significantly impact your quality of life, causing permanent disabilities and psychological issues. As such, you must hire an attorney to handle these cases effectively. The best way to do this is by asking an attorney the right questions that outline how they operate and what they can do for you. If you're still not sure if you need the help of a traumatic brain injury attorney, then the following information will help you to make an informed decision.

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9. Do You Have Trial Experience?

While it's true that many cases are resolved through settlements outside of the courtroom, the importance of trial experience cannot be overstated. TBI cases can be intricate and multifaceted, and there are instances where settlement negotiations might not yield the desired outcome. This is where trial experience becomes invaluable. A lawyer who has successfully navigated trials is not only well-versed in legal procedures but is also equipped with the skills to advocate for your rights in a courtroom setting.

In a trial, every detail matters, from presenting evidence persuasively to countering opposing arguments effectively. Lawyers with trial experience understand the dynamics of a courtroom, the strategies that resonate with judges and juries, and how to compellingly convey your story to those who will ultimately make critical decisions about your case. Their familiarity with courtroom procedures, rules of evidence, and cross-examination techniques enables them to respond confidently to unexpected challenges and changes in the course of the trial.

Moreover, trial experience demonstrates a lawyer's commitment to their clients. It signifies a readiness to go the extra mile to secure the best possible outcome, even if it means presenting a case before a judge and jury. While settlement negotiations can be successful, the assurance of having a lawyer with trial experience can provide peace of mind that your legal representation is prepared for any scenario. Ultimately, when seeking justice and fair compensation for a traumatic brain injury, having a lawyer with trial experience can make a substantial difference in the outcome of your case.\

Why Is There a Need to Hire a Traumatic Brain Injury Attorney?

1. The Insurance Company Will Not Be Fair With You

The insurance company will always try to pay you as little as possible. How is an insurance company able to get away with this?

They have accountants and lawyers that are experienced in this kind of negotiation. The insurance company will use tactics such as advising you to settle for a small sum of money, claiming there is no evidence of the accident, and claiming that you were partially at fault. It is hard to know what to do when in a position such as this. Therefore, you must hire an attorney to do the negotiating for you.

Two men sharing a shake hand in an office after negotiations.
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2. You Will Not Know How to Handle Disputes

Disputes are inevitable when you are dealing with an insurance company. When you hire an attorney, their job is to handle the dispute on your behalf. They will help you understand what is happening and how to handle conflicts. The best traumatic brain injury attorneys will help you in any way they can, as long as it does not compromise your case.

3. You Do Not Have the Time

It is difficult to take the time to research, handle, and settle a personal injury claim. Let me take care of these details for you. Your attorney will fight for your rights in court and help you receive the justice you deserve.


A personal injury attorney is a person who will be able to help you with your traumatic brain injury case. When hiring an attorney, you must ensure they can handle cases involving traumatic brain injuries. To do this, you must ask them the right questions. If they cannot give you the answers you need, you should look for another. It would help if you did not settle for less than the best representation for your case.

If you need a personal injury attorney Los Angeles, Mendez and Sanchez Law are the best for you! Our attorneys and team members are here to help you through the complex legal landscape as we pursue the compensation you deserve. Contact us immediately!


‍Traumatic brain injuries can have far-reaching effects on cognitive abilities, memory, and even personality. These injuries can lead to significant challenges in daily life and require long-term medical care.

‍Trial experience is crucial because while most cases settle, TBI cases can become complex and contentious. Lawyers with trial experience are prepared to advocate effectively in court if negotiations don't yield a favorable outcome.

‍Mendez & Sanchez Law specializes in traumatic brain injury cases, ensuring that you receive tailored legal representation for your unique situation. Our contingency fee structure means you won't face financial risk, and our experience guarantees a thorough understanding of your needs.

‍Effective communication involves regular updates about case progress. At Mendez & Sanchez Law, we prioritize communication and ensure you're consistently informed about developments, either through phone calls, emails, or in-person meetings.

‍If the insurance company offers an inadequate settlement, it's crucial to consult an experienced TBI attorney. Mendez & Sanchez Law can assess your case's value, negotiate on your behalf, and fight for the compensation you deserve.

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