Key considerations when selecting a tbi attorney
EXPECTED TRAUMATIC BRAIN INJURY DEFENSES
Everyone knows insurance doctors doing an IME, or "Independent/Insurance Medical Exam," are not "independent." But, can your TBI attorney expose their insurance industry bias and show that their opinions ignore decades of settled and sometimes even codified science? A competent TBI attorney will be able to cite the scientific literature and statutes countering the following commonly asserted defenses, which too often end TBI cases:
- TBI requires a loss of consciousness
- TBI requires a head strike
- Glasgow Coma Scale, or GCS, score of 15 means no TBI
- TBI must be diagnosed in the ER
- Neuropsychological testing shows exaggerating and noncredible symptom reporting
- Pediatric TBI completely resolves according to the Kennard principle
- Positive brain CT/MRI is required for TBI
- Negative brain CT/MRI rules out TBI
- TBI fully resolves in days or weeks
- The "m" in "mTBI" means the symptoms are mild
- All TBI symptoms present immediately
- TBI requires greater force
- There is no cumulative effect of TBI
- No TBI diagnosis for weeks, months, or longer after the trauma means no TBI
- Certain psychiatric conditions don't complicate TBI recovery
- Advanced neuro imaging and diagnostics like DTI, PET, ASL, Neuroquant, and qEEG are experimental and of no use in the diagnosis and treatment of TBI
- TBI does not cause neurodegenerative disease like Parkinson's
- TBI does not cause epilepsy and/or partial seizure-like symptoms
- TBI does not cause survivors to develop Substance Use Disorder, nor does TBI cause a survivor with a history of Substance Use Disorder to relapse
FAQ
Q: I ALREADY HIRED AN ATTORNEY, BUT THEY AREN'T A TBI ATTORNEY. WHAT DO I DO?
A: The representation agreement you signed should outline what happens if you hire another law office. While RCW 60.40 permits an attorney to file a lien for their time, if your injury is new and the attorney has done minimal work then anything owed should be minimal.
Q: DO I NEED A RIDESHARE (Uber/Lyft), TRUCKING, PREMISES, NURSING HOME, MOTORCYCLE, OR BICYCLE ATTORNEY?
A: Brain injuries are so complex that a medical provider can haves 3 board certifications and a PhD in Brain Injury Medicine but still freely admit they don't know everything. TBI law is similarly complex. A boutique law firm with a practice focus on TBI gets better results for their TBI clients. We have expertise in bringing all these kinds of TBI cases.
Q: I CAN'T WORK AND CAN'T AFFORD AN ATTORNEY. WHAT CAN I DO?
A: The governing law and rules permit us to take your case on a contingency basis. This means you pay nothing until your case resolves at which time we are paid a percentage of the total amount recovered. If there is no recovery, e.g., your case is lost, then no fee is owed.