This attorney handles cases that relate to closed head injuries and traumatic brain injuries. Their main job is to litigate the client’s case to get a settlement that is in the best interest of their client. They may represent the clients, called plaintiffs, or defend the one that is being sued. Head injury cases can take years to settle if their client is still getting rehabilitation.
There are various types of personal injury cases that they may work on, which can include:
• Acquired brain injury-this can happen from conditions like hospital error, undiagnosed disease, or asphyxiation
• Traumatic brain injury-this happens from shaking or forceful twisting of the neck area. This can happen to infants that are shaken vigorously, (Shaken Baby Syndrome) or victims of motor vehicle accidents.
When they receive a case, they will meet with the client for an initial consultation to discuss their case. If they are representing the client, they will get the client’s total expenses and medical records that relate to the head injury. If they represent the defendant, like a hospital they will go to the medical facility where the incident was supposed to occur to interview the staff that was involved. The head injury attorney will need to retain good experts to review the client’s medical records and provide testimony should the case go to court. Some of the experts that a head injury attorney might retain include:
• Cognitive rehabilitation specialists
In addition to providing testimony, they may also examine the client. If injury was due to an auto accident, they may hire an accident reconstruction expert to reconstruct the accident and provide testimony as to how the accident occurred.
Generally, the head injury attorney will try to settle the case out of court as soon as possible. This is so their client will have money to pay for doctor appointments, medical bills, and prescriptions along with living expenses. If the case cannot be settled then it will go to court. The attorney will need to gather trial exhibits and draft a pre-trail agreement. Once this is done then the attorney will present their case to the judge for their decision. Once the judge has heard the matter, they will issue an order. This order will include the case facts, the opinion of the judge, and any stipulations he has for the case. Next, it will be the head injury attorney and defense attorney’s job to draft a settlement agreement that summarizes the terms of the judge’s order. If either attorney does not agree with the decision of the judge, they will file an appeal.
To work as a head injury attorney you need to be familiar with medical conditions and symptoms that are related to head injuries.