TBI cases are among the most complex personal injury claims, requiring attorneys with specific expertise in brain injury medicine, litigation, and damages calculation. Choosing the right attorney significantly affects case outcomes.
Why TBI Cases Require Specialized Attorneys
- Medical complexity – Understanding brain injury medicine
- Invisible injuries – Knowing how to prove injuries that don't appear on imaging
- Expert relationships – Connections to qualified medical and damages experts
- Defense tactics – Experience countering TBI-specific defense strategies
- Damage calculation – Understanding lifetime cost projections
What to Look For
TBI-Specific Experience
- Track record of TBI verdicts and settlements
- Understanding of brain injury medicine
- Experience with mild TBI/concussion cases
- Knowledge of neuropsychological testing
Resources
- Financial ability to advance costs for experts
- Relationships with qualified experts
- Staff support for complex cases
Trial Willingness
- Actual trial experience (not just settlements)
- Willingness to take cases to verdict
- Defense attorneys know who will actually try cases
Questions to Ask
- How many TBI cases have you handled?
- What were the outcomes?
- What experts do you work with?
- How are case costs handled?
- Who will actually work on my case?
- What is your trial experience?
Fee Arrangements
Most TBI attorneys work on contingency:
- No fee unless you recover
- Typical fees range from 33-40%
- Costs may be advanced by the firm or paid separately
- Fee agreements should be in writing
Red Flags
- No specific TBI experience
- Unwillingness to discuss past results
- Pressure to sign immediately
- Promises of specific outcomes
- Lack of expert relationships
Conclusion
TBI cases require specialized expertise that general personal injury attorneys may lack. Take time to find an attorney with specific brain injury experience and the resources to handle complex TBI litigation.