QUESTION:

Since my sister’s accident, my family has been working with a personal injury attorney on her behalf. We hope to obtain a judgment against the individuals responsible for the accident, which left my sister severely disabled. My sister sustained a closed head injury; however, the attorney has no particular expertise with this type of injury. Is it important to have an attorney with experience handling cases with traumatic brain injury, specifically, or is a personal injury attorney OK?

QUESTION:

I have been offered a $100,000 settlement from the insurance company of the negligent party responsible for causing my brain trauma. Should I accept this settlement or seek a different outcome?

QUESTION:

I had a concussion type injury in a car accident several months ago. The good part is, the other driver got a ticket. The bad part is, I can’t do my job and I’m not sure I’ll ever be the same. The doctors said that my CT scan was OK, not to worry, and eventually I’ll be all right. My dad told me to call our family’s attorney. He seems like a nice guy, but I’m not sure he takes me seriously. He just wants to talk about my car which was totaled. When I told him about my memory problems, like forgetting phone numbers and where I leave my keys, he just laughed and said he had memory problems, too. I’m not sure he’s a good attorney, but my dad gets upset if I talk to anyone else. What should I do?

QUESTION:

Two years ago I got hit by a truck while walking and got a bad head injury. I hired an attorney who seemed nice enough and promised to help me. Now, he just doesn’t seem interested in my case. When I call him, I can never get through. He never calls me back. Sometimes his secretary or assistant calls to ask me questions but they won’t say why. I was supposed to meet with him twice. The first time his secretary canceled. The second time, I showed up at his office. One of his associates met with me and he didn’t seem to know anything about my case. We’re supposed to go to court in 6 months or so, but I think I hired the wrong attorney. I don’t know what is going on in my case. Should I try to get someone else?

QUESTION:

Three years ago I suffered a traumatic brain injury as a result of a motor vehicle accident. I was treated by many doctors including neurologists, neuropsychologists, and psychologists. Over the course of the three years of my treatment and recovery, I divulged personal information to these doctors. Following the accident, I hired an attorney to represent me. My attorney has filed a lawsuit on my behalf. I recently learned that my insurance company, the defendant’s insurance company, and the defendant’s attorney are requesting copies of my medical records, including my psychologist’s and neuropsychologist’s records. There is personal and private information in those records, to which I do not think the insurance companies or attorneys are entitled. Must these records be disclosed? Can I keep this information private? What can I do?

QUESTION:

A member of my family recently suffered a brain injury as a result of an accident. Should I consult with an attorney to discuss pursuing legal action? Are there time limits which govern how long one has to take such action?

QUESTION:

As my wife and I grow older, we are increasingly aware of the need to provide for our son in the future. He has severe brain damage and cannot live alone. I have heard of the benefits of establishing a "special needs trust." What is this? Is it for us? If not, what should we consider to secure our son’s future?

QUESTION:

While my daughter remains hospitalized due to a severe brain injury, I have been advised to seek legal assistance. She is not competent to make decisions and may be permanently impaired in this regard. She is a legal adult. Should I obtain guardianship? What would this involve and require of me once established? Are there alternatives to guardianship that I should consider?

QUESTION:

My son is a legal adult, but he is not able to make decisions for himself due to a severe brain injury. He will be discharged from the hospital within a few weeks and will need someone to act as his decision-maker. As his parent, would I become his guardian automatically, or would that designation go to his wife? Is this something we will have to go to court to establish?

QUESTION:

I am considering consulting with an attorney about a brain injury case. What qualifications should an attorney possess in order to provide me with good legal counsel?

QUESTION:

I am considering hiring an attorney to provide legal representation in a brain injury case. What are the financial arrangements which must be made in order to pay for those legal services?