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How do I know if I or a family member is
entitled to bring a lawsuit for compensation for a traumatic brain
injury?
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The best way to determine if you are entitled to compensation through a
lawsuit for a traumatic brain injury is to contact an experienced and
knowledgeable attorney in the field of brain injury litigation. Most
experienced and qualified personal injury attorneys will provide free
consultation to discuss the facts of your case and determine whether or
not a personal injury claim should be filed. In fact, you should be
cautious of any personal injury attorney who charges a fee for any initial
consultation. It is only after the attorney has gathered as much
information as possible that he can truly evaluate whether or not a
lawsuit can be filed. Tom Doehrman offers a free consultation to all
injured persons and their families to discuss the case and decide whether
or not a legal claim should be filed. If you would like to discuss the
facts of a traumatic brain injury case with Tom, please e-mail him or call
him toll-free, (800) 269-3443.
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Can a lawsuit be filed for every traumatic
brain injury?
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No. There are many traumatic brain injuries for which no lawsuits can
be filed. If an employer or the injured party are the only persons at
fault for the injury, then no lawsuit can be filed. Also, even if a
lawsuit could be filed, there are economic factors which must be evaluated
to determine the practicality of filing suit. For example, if a person is
slightly injured, it may not be economically feasible to file a lawsuit
because of litigation expenses and the amount of any potential recovery.
It is important to consider the maximum compensation likely to be
recovered in a lawsuit in determining whether or not it is worth pursuing.
An experienced and knowledgeable attorney in the area of traumatic brain
injury litigation can best evaluate your claim to determine whether or not
it should be pursued. Inexperienced lawyers too often file a lawsuit
without any economic analysis and allow it to drag on for years before
realizing that the costs of the lawsuit will exceed the likely recovery.
Sometimes the best legal advice is not to file a lawsuit. Because of the
expense involved in traumatic brain injury litigation, Tom Doehrman limits
his traumatic brain injury cases to those involving significant, long-term
residual problems for the injured person.
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Can an attorney from Indiana represent me in a
traumatic brain injury claim in another state?
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Yes. Tom Doehrman has represented clients in many states, including
Florida, Indiana, West Virginia, Texas, and New York.
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Is it expensive to file a lawsuit for a
traumatic brain injury?
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Yes, as suggested above, traumatic brain injury litigation is typically
very expensive. The litigation expenses for a traumatic brain injury case
often range between $25,000 and $100,000. Litigation expenses include
charges for long distance telephone calls, investigators, consultants,
specialists, experts, photocopying, facsimile charges, traveling and
lodging expenses, witness fees, depositions and discovery costs, computer
re-enactment or computer graphic charges, photography costs, graphic
artists fees, and other expenses for preparation of demonstrative
evidence, transcript fees, subpoena fees, medical records and medical
records copies, reports and medical consultation charges. It is important
to hire an attorney who can afford to advance these costs on your behalf.
Many attorneys will not advance these costs and expect the injured client
to pay for them.
Tom Doehrman knows that the injured client is seeking financial help,
not a new financial burden. Tom typically pays all of the expenses of a
traumatic brain injury claim during the litigation. He does not expect or
require any of his injured clients to contribute towards these expenses
unless they are able and willing to do so. It is not until the conclusion
of the litigation that Tom is reimbursed for the expenses that he has paid
for his client to pursue the lawsuit. Ability to finance the litigation,
no matter what the costs, is an important consideration in choosing a
lawyer. It is imperative that the lawyer be able to pursue the claim fully
and not be limited by his client's inability to pay litigation
expenses.
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How can I pay for a lawyer if I am injured and am unable work?
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There are three (3) basic fee arrangements between attorneys and their
clients. The fee arrangement most often used by injured persons unable to
work is called the 'Contingency Fee' or the ;no recovery/no
fee' contract. Under a Contingency Fee, the attorney is paid a
specific percentage of the total amount of the settlement or judgment that
is recovered in the lawsuit. If the lawsuit is lost or there is no
recovery, then the lawyer receives no attorney fees. Contingency Fee
arrangements must be in writing.
Instead of a Contingency Fee, there are other attorney fee arrangements
which can be selected. One is an hourly rate where the lawyer is paid a
specified amount for every hour he works on the case. These amounts are
typically billed monthly and must be paid regardless of whether the case
is won or lost. Another attorney fee arrangement is called a 'Flat
Fee' in which the attorney and client negotiate a single payment to be
paid to the attorney at the beginning of the lawsuit and which will cover
all attorney fees throughout the lawsuit. This fee is also paid regardless
of whether the lawsuit is won or lost.
Tom Doehrman allows his clients to select which one of the three fee
arrangements they prefer. Typically, injured clients select the
Contingency Fee arrangement.
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What kind of compensation can I receive for a
traumatic brain injury?
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The types of damages which are compensable in a lawsuit are different
from state to state and country to country. The items considered in
determining the amount of damages to be awarded are the nature and extent
of the injury; whether the injury is permanent or temporary; the pain and
suffering occurring in the past and reasonably likely to occur in the
future; loss of earnings or lost profits and impairment of earning
capacity in the future; the amount of medical and hospital and
rehabilitation expenses; the aggravation of a pre-existing injury or
disease; any disfigurement or deformity and any fright, humiliation or
mental anguish and the loss of enjoyment of life.
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How long do I have to file a lawsuit for a
traumatic brain injury?
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This answer usually depends upon where the injury occurs. Each state
and country has different rules regarding the filing of lawsuits. The time
allowed to file a lawsuit is called the 'Statute of Limitations.'
Most states have a two-year Statute of Limitations, which means that a
lawsuit must be filed within two (2) years of the date of the injury.
However, some states have only a one-year Statute of Limitations and other
jurisdictions have a three-year, or more, Statute of Limitations. Also,
many states have a notice period if you are going to sue any governmental
agency. In highway construction, it is often the government which may be
responsible for the injury. Many jurisdictions require that notice be
given to the government within either 30 days or 180 days or 270 days or
within two (2) years. Failure to meet any of these time requirements may
mean that you cannot file a lawsuit for your injury. Because of these time
requirements, it is very important to contact an attorney as soon as
possible after an injury to insure that the matter can be investigated and
any lawsuit can be filed on time.
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What is Comparative Fault and how does it
affect a lawsuit for a traumatic brain injury?
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Most states have adopted one form or another of what is known as
'Comparative Fault.' Comparative Fault allows the jury to review
the conduct of all parties to the lawsuit to determine what proportion of
fault each must bear for the injury which occurred. For example, the jury
might believe the plaintiff was partially at fault for causing his own
injuries and assess him a percentage of the fault. The jury may find the
plaintiff was 20% at fault and the defendant was 80% at fault. In this
case, the plaintiff would receive 80% of whatever the jury determined to
be the total value of the damages. Thus, the damages are reduced by
whatever percentage of fault is attributed to the plaintiff. In some
jurisdictions, if the plaintiff is greater than 50% at fault for the
injury, then there can be no recovery at all. In other states, the
plaintiff can always recover whatever percentage of fault is attributable
to the defendants.
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What should I know before hiring an attorney
to handle a traumatic brain injury case? |
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Not all attorneys are qualified to handle traumatic brain
injury litigation. You should consider asking the following questions of
an attorney before retaining him/her to handle your case. |
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How many traumatic brain injury cases like mine have you successfully
tried to a verdict? |
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Most cases are settled. However, if an attorney has never
tried a traumatic brain injury case to a verdict, he/she may be settling
cases for less than their full value. In addition, because of the specific
nature of your case, it may be necessary to take your case to trial. In
that situation, it is comforting to know that your attorney has past trial
experience in cases such as yours. |
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How many traumatic brain injury cases like mine have you successfully
settled? |
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Ask for specifics of the cases and the settlements. Again, just as you
would hesitate to hire a doctor to perform surgery that he has never
performed before, so should you be hesitant to hire a lawyer who has
little or no experience in handling your type of case. |
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Are you a member of a recognized brain injury association? |
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Membership in the Brain Injury Association of America
and/or the Brain Injury Association of Indiana indicates dedication to the
cause of helping family members and survivors cope with the effect of a
traumatic brain injury. Such a membership also provides an attorney with
the opportunity to learn information about brain injury that is often
invaluable in the litigation of a claim. |
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Are you certified as a civil trial specialist by the National Board of
Trial Advocacy (NBTA) or by a state certifying organization? |
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NBTA certification is only available to attorneys who have
extensive experience in the courtroom and in preparing cases for trial. An
applicant must pass an all-day examination before receiving certification
from the NBTA as a civil trial advocate. Although Indiana does not yet
have a state certifying organization, many states do. Tom Doehrman
received his certification as a Civil Trial Advocate from the National
Board of Trial Advocacy in 1994. |
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Do you charge for an initial consultation? |
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Most personal injury attorneys do not charge for initial
consultation. You should be able to obtain initial consultation from a
qualified attorney without having to pay a fee. Tom Doehrman does not
charge for an initial consultation concerning a traumatic brain injury
case. |
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If my case is not successful, who pays for expenses? |
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This is an important question because expenses in a
traumatic brain injury case can sometimes be as high as $100,000 or more.
Tom Doehrman is reimbursed for the expenses that he advances on a
client's behalf out of any settlement obtained. However, if the claim
is not successful, Tom often waives repayment of the expenses. Ask the
attorney whether he/she will waive repayment of expenses if the claim is
unsuccessful. |
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Who will pay for expenses while my case is pending? |
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Some attorneys refuse to advance expenses on a case and
require the client to pay for expenses as the case is pending. Because
most persons who have suffered a traumatic brain injury are not in a
financial position to pay for expenses on their case as they are incurred,
Tom Doehrman typically advances expenses on a client's behalf and is
reimbursed for these expenses at the time the claim is successfully
resolved. |
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Will you advance expenses that are necessary to prove my
claim, even if this means advancing expenses in excess of $75,000? |
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Again, many traumatic brain injury cases can be very
expensive because of the legal work and expert witnesses often involved in
these cases. You should find out at the beginning if the attorney you are
considering to handle your case will advance the necessary expenses to
successfully prosecute your claim. |
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Have you ever retained and used the following professionals as expert
witnesses in a traumatic brain injury case?
Neuropsychologists, Physiatrists, Neurologists, Neurosurgeons, Case
Managers, Occupational Therapists, Life Care Planners, Speech Therapists,
Biomechanical Engineers, Physical Therapists
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The above is a listing of the type of experts who are
often involved in traumatic brain injury cases. The attorney you hire to
handle your case should have experience in working with all of these
experts in prior traumatic brain injury cases. For the past 18 years, Tom
Doehrman has retained and used these types of experts in handling
traumatic brain injury cases for his clients. |
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