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People who study surgery but get faint at the sight of blood can do little for their patients. Similarly, lawyers who are inept at converting injury and damage into money do a disservice to their clients. A lawyer’s skill with that conversion begins with selecting proper cases. This is especially true in traumatic brain injury (TBI) case selection. Liability, injury and coverage (LIC) must be determined. Getting to know a client is crucial. Those and other considerations are discussed here.

Initial Considerations

Compassion, caring and feeling sorry for another person’s poor condition are valid reasons to want to help. Lawyers have the power to offer those things to their clients and they should. A lawyer must transport a client’s condition from poor to better. Money is the carrier. Lawyers must have a comfort level creating money, to make someone’s life better, or they will end up like a surgeon who is afraid of the sight of blood.

The three legged stool

LIC – Liability, Injury and Coverage – is a three legged stool. All three must exist for the stool to stand. Questions of liability, damage and coverage can make any case undesirable: so much more for TBI cases. Brain injury damages can be enormous and coverage can limit the best liability case and often does. Consider the numerous instances of minimum auto policy limits ($15,000 in the state of Nevada) and severe injury. Even large auto limits are confining. Consider the costs of litigating a questioned liability or damage case with $100,000 limits. Astute insurers will break the bank, so to speak, hiring experts to refute a case, making it impractical to respond and forcing a smaller settlement. 2

Weigh the cost

Investing your time and money in a TBI case is humbling. Initial investigation can easily cost several hundred, even thousands, of dollars. From there expenditures increase steadily and by the time you are ready to start trial, costing an estimated $35,000, you’ve already spent $50,000. If you lose, you are writing off $85,000 and hours, days and weeks of your time.

Invest wisely

Analyze the liability. If there is a chance of no liability or 50/51% apportionment, consider the matter very carefully. Do not be seduced by a significant injury and lots of coverage when liability is reasonably disputed. Do not let a horrible injury or big corporate insurance cause you to overlook liability. The costs will still be there and, in the end, you and your client may have more to lose.

Getting to know the client

Once you establish a comfort level with your initial investigation of liability, injury and coverage (LIC), you can begin developing one of the most significant relationships your client will ever have; the relationship with their lawyer. Your client may not appreciate the importance of the relationship at first. A client with TBI, many times, does not appreciate the consequence of their injury initially. A lawyer can help bridge the gap. Many TBI clients have questions about their condition. Many times a lawyer is the first one to identify and discuss cognitive impairments with the client. A lawyer can help, initially, by listening and explaining. Later, and throughout the case, the lawyer should meet regularly with the client

First Interview

When first you shake hands with the person who has come to see you in your office, you are both strangers. Two things should be immediately apparent. First, you are analyzing the client and second, the client is analyzing you. The 3

lawyer must earn the client’s confidence and trust, and the client must present honestly. To achieve both of these goals, the lawyer can allow the client to explain why she has come and what she perceives the problem is. By now the circumstances of Liability, Injury and Coverage (LIC) are known and focusing on the client’s presentation is desired. After a brief time, the lawyer can make more formal introductions followed by an explanation of the merits of the case. Then a discourse should take place addressing what the client can expect in terms of representation and future care. A first interview should be a coordinated effort taking at least an hour, maybe more. The time spent will help bring out many things that might not otherwise be learned. Explain why prior education, employment, tax and medical records need to be collected. Is that a problem? Why? Get the names of prior doctors, information about prior injuries and car accidents and health insurance. Get the names of people who interact with the client so you can check with them regarding changes in your client. Get all family names and addresses since the defense will obviously want to know this basic information. Is that a problem? Finally be sure to agree on a manner in which the client will obtain the information in the next few days. If this is important to them, it will not be an issue. Convey to your client that you require their assistance in their case by helping to get information and locate witnesses. Client cooperation can reveal a lot about a client’s motive.

Second Interview

It is a good idea to schedule the second interview during the first and usually within a couple of weeks. This keeps information flowing and investigation moving. Ask to meet the spouse, kids, parents, or significant other. Get people who are involved in your client’s life to participate early on. They will certainly be deposed by the defense later. Help them to understand how TBI affects people closest to the client. Explain the likelihood of their serving as guardian ad litem for the client. Are they willing? Is their support for the client? 4

More Considerations

There are variable considerations in selecting a TBI case. The following is a list of some them.

Date of Injury

It may be important to consider the date of injury. The best scenario is selecting cases with recent dates of injury. This follows standard thinking that the further the date of injury the harder it is to prove. For TBI cases this is especially true. TBI clients are not always diagnosed until months after the injury. Hospital emergency rooms do not typically conduct specific neurological or neuropsychological testing. After weeks and months pass, the person with TBI begins to suspect something more is wrong and finally consults with a doctor. The process may eventually lead to a neurological finding. A case with an impending statute of limitation should always draw consideration. Why has the case not been filed or properly handled previously? Has the person been receiving medical and psychological evaluations? Or has the person simply been going to chiropractic and acupuncture physicians? What has the person been doing with their life since the injury?

Self Reporting

Is the person self reporting signs, symptoms and consequences of brain injury? This is important to consider. Valid TBI clients do not self report problems as they typically lack insight into their problems. Spouses and others usually observe changes more than the client reports them. Has someone told the client that they have TBI: A chiropractor or friend? Are they familiar with terms and conditions that they have no reason to know of save how they are suffering from them? These are important things to consider and look into by investigating a case.

Lawyer Shopping

It is always important to know if the potential client fired their last attorney. There is usually more to the story then the client’s version. And be 5

especially concerned if there is any discussion about suing former counsel. This is a sure sign of a litigious client who may eventually turn on you. The reasons for terminating former counsel can be valid but this is surely a red flag. Make some calls to the other lawyer. If your potential client is uncomfortable with that then you might best be uncomfortable with the case.

Work Status

Is the person working? Many people with mild to moderate brain injury do continue working after the injury. It is not an easy sell for the jury however. If a person is working then they really can’t be that bad. Of course that is not always the case. What about a person’s ability to stay employed? If they are fired, will they be able to find a new job? What is the person’s job? Is she the owner of her own business? Is she a manager? Is he a blue collar or white collar worker? These are all very important things to consider in selecting a case involving TBI.

Marital Status

Is there a disgruntled former spouse? Is there a supportive spouse? Are their kids from a former marriage? Is the relationship good? Is she a good wife? Is he a good husband and father? All these things are important areas to go over with the client. Has the injury hurt the marriage or relationship with the kids? Will she consider counseling? Why not?

Prior Injury

Has there ever been a concussion or head injury? Defendant’s love prior "car accidents"; whether they were serious or not. Consider every injury and accident the client experienced. Go over all medical procedures they ever had, whether or not related to the case. Is there any psychological history? Defendants love abusive childhoods or family deaths to make your client’s condition antedate the injury. 6

Conclusion

Traumatic brain injury case selection involves careful planning and attention by the attorney. Anything less can be very costly. The process should continue through the first few interviews, medical evaluations, and weeks of investigation. A lawyer should keep an open mind about reassessing a case if during litigation information bears it out. That is why getting as much information as early as possible is crucial to good case evaluation and selection. Initial considerations should be establishing LIC, liability, injury and coverage. Getting to know the client in interviews is crucial. Client participation in locating information is important. Other considerations include date of injury, self-reporting, prior representation, work status, marriage status, prior injuries, prior medical care, and prior lawsuits. Beyond these considerations, a lawyer must keep an open mind to re-evaluate a matter if information is revealed during discovery to support it.

If you have been in an accident in Boston, you may require the assistance of Boston personal injury attorneys to help you with your personal injury settlement. These kinds of settlements are good if you need to recover lost wages or need to obtain the right amount of money to pay for the medical bills from your injuries.

A personal injury settlement has benefits, but the only downside is that you'll have to go to court. Make sure you get proper representation with a Boston personal injury lawyer before you do end up going. You'll want the experience to back you up, as cases like these can take quite some time in court before a ruling is finally made.

If you're looking for tax information on personal injury settlements, you have come to the right place. Personal injury settlements have little tax penalties, as physical injury settlements are tax free. Punitive damages, however, are taxable. In order to get the latest most up to date tax advice regarding personal injury settlements, simply ask your personal injury lawyer. They should have the necessary answers to your basic tax questions regarding personal injury settlements.

Boston personal injury attorneys will be able to help you with tax advice on your personal injury settlement. Boston personal injury lawyers and attorneys will help you through the entire settlement process. Most lawyers involved in personal injury cases will normally operate on a contingency basis. Normally, your attorney only gets paid if you actually end up winning your personal injury settlement. Your attorney's fees are usually a percentage of the total amount of your personal injury settlement.

To name just a few, you may file for a personal injury settlement if you have been slandered, falsely arrested, maliciously prosecuted, or suffered any kind of bodily injury. This is only possible where a state or person can be immediately held responsible. Along with compensation for physical injury, the personal injury settlement will also have compensation for loss of social and/or family events as well.

Personal injury settlements help give people justice, and they are common in courtrooms nowadays. People can file personal injury cases for medical malpractice, wrongful death, slips, boat accidents, and other events which cause direct personal injury.

Get all the tax advice and tax information necessary before you win your personal injury settlement case. Your Boston personal injury lawyer will gladly inform you of the latest tax laws regarding personal injury settlements.

Personal injury attorneys and lawyers typically represent clients (plaintiffs) who have been injured either financially or physically due to the fault of another.

A personal injury lawyer is usually experienced in a wide variety of personal injury topics, ranging from automobile accidents and medical malpractice to drug litigation and defective products.

Personal injury attorneys often work on a contingent basis, acquiring no fees unless a recovery is made in a case.

WHO IS ELIGIBLE TO FILE A PERSONAL LAWSUIT- Personal injury lawsuits are filed by the victim of a personal injury against the liable party in order to seek compensation for damages. Personal injury lawsuits can be brought against a party for negligence, strict liability or intentional wrongs.

A party can be charged in personal injury lawsuits for negligence if they failed to Personal injury lawsuits can be brought under a variety of circumstances. Personal injury lawsuits can be filed for car accidents, work injury, drug injury, medical malpractice, nursing home abuse, slip and fall injury, exposure to toxic materials, dog bite injury, and in cases of wrongful death prevent injury.

In personal injury lawsuits, a victim seeks compensation for the injuries they have suffered. Compensation can include medical expenses, disability or deformity, loss of income and pain and suffering.

Most personal injury lawsuits can be settled out of the court system through negotiations with an adjuster from the defendant 's insurance company. If negotiations cannot be reached in this manner, a Complaint of Law can be filed in the appropriate civil court.

The laws regarding personal injury lawsuits in each state are different. All states have a statute of limitations which places a time restriction on when personal injury lawsuits can be filed.
In personal injury lawsuits, two things must be proven by the victim.

The first thing that must be established is that the defendant was, in fact, responsible for the injuries that were incurred by the victim. The extent of the damages also must be proven in personal injury lawsuits.

HOW A INJURY LAWYER HELPS IN SETTELING A PERSONAL INJURY- Personal injury settlements are the awards given to the victim in a personal injury case.

A personal injury case is governed by tort law which protects individuals from civil wrongs committed by another, either intentionally or as a result of negligence. Personal injury settlements can include compensatory damages and punitive damages.

Compensatory damages in personal injury settlements are intended to place a victim in the same position they were in before the injury. Personal injury settlements may be possible in three different types of personal injury that occur in a variety of circumstances.

Personal injury claims can be filed for negligence, where victims are injured because the responsible party failed to prevent injury.

An experienced and qualified personal injury attorney protects the rights and interests of the injured victims and works to insure that they are justly compensated in personal injury settlements.

Even for once, you might be involved in a personal injury case. In such case, you might want to claim a compensation for the pain and suffering that it has caused you.

This is when a personal injury lawyer is necessary. You must consult an injury lawyer, even if just to speak about the concern you have.

Remember that no matter how big or small your personal injury case is, you must file your personal injury claim and see what your legal rights are. And, your personal injury lawyer will help you about these matters all throughout your case.

Personal injury lawyers are so important in your personal injury cases.

They have been specializing in various services to offer possible clients.

These personal injury services include handling cases of auto or car accidents, aviation disasters, plane crashes or accidents, birth injury, brain injury, dangerous and defective products, dental malpractice, dog bites, medical malpractice, nursing home abuse, products liability, serious personal injury or catastrophic injuries, slip and fall, spinal cord injury, unfair insurance practices, wrongful death, and a lot more.

Indeed, a competent counsel is so important in a personal injury case.

So, if you’ve been involved in such case, don’t think twice, go out, find the personal injury lawyer to be your partner in your quest for justice, and enjoy the services that he offers you

WHEN AN INJRY LAWYER IS NEEDED?

When you have suffered any personal injury ,that’s when you need an injury lawyer, you should then consult with a personal injury lawyer as soon as practical.

An experienced attorney may have specific recommendations, cautionary advice and can help you through the recovery process.

There may be things that a personal injury lawyer can do in the short term to help you through the personal injury recovery process, such as making sure that insurance is paying for a rental car or assisting in finding qualified care from a medical specialist in the needed field.

Prompt consultation with a personal injury lawyer also allows the lawyer to send an investigator to the scene before the accident scene changes and to retain qualified experts if necessary.

Remember, failure to act promptly may result in missed deadlines, including statutes of limitations under Arizona law, that could result in an injured party sacrificing all or some of his/her rights.

If you have been a recent victim of a crime, then there is a very good chance that you'll be entitled to make a criminal injury compensation claim under the Criminal Injuries Compensation Scheme.

CICA – Criminal Injuries Compensation Authority

Great Britain has in place the oldest compensation scheme for people who suffer criminal injuries as victims of crimes, with the first version having been introduced in 1964. Based along the lines of a personal injury compensation claim, the CICA compensates victims of violent crime who have suffered any:

• injury, whether that be physical or mental, as a result of being the victim of a violent crime

• possible loss of earnings that the victim may endure as a result of such criminal injury

• bereavement suffered as a result of a loved one having died as the victim of a violent crime.

Since 1996 the CICA has adopted a fixed tariff criminal injury compensation scheme as set out by parliament in the Criminal Injuries Compensation Act 1995 for those who are entitled to make a criminal injury claim.

Making A Compensation Claim

If you plan to make a claim to the CICA for criminal injury compensation, then you'll need to show that you have suffered either physical or mental harm as a result of having been the victim of the violent crime in question.

Note that you need to show that a crime took place, you do not need to show that a conviction resulted from the crime you are claiming took place.

If you have grounds to believe that you have a criminal injury claim, you can obtain a compensation form from a personal injury solicitor, which you then need to compete and return.

The CICA then acknowledges receipt of your form and should process the claim. Keep in mind that this can be a lengthy process and can take anywhere up to 18 months after you have submitted the criminal injury compensation claim.

Also, as the scheme is for victims of violent crimes, the minimum compensation payable under the scheme is £1,000 and the maximum amount of compensation is £250,000.

Moreover, keep in mind that if you have made a claim for compensation under the scheme and are not satisfied with the initial compensation awarded for the criminal injury you suffered, you are entitled to submit a request to have a review of your criminal injury claim within 90 days of your original award being made.

If you still don’t like the award after this review process has been completed, then you can appeal your criminal injury compensation claim to the Panel of the CICA within 30 days of the outcome of the appeal process. If the Panel of the CICA award still does not satisfy you, you then have the right to appeal your claim to the High Court.

Are There Any Alternatives?

If you have been the unfortunate victim of a crime, you should speak to a criminal injury solicitor as soon as you can following the event. In part this is because the criminal injury compensation scheme is only for those who are the victims of a violent crime.

On the other part, you need to make sure you do this so that you can get the advice from your criminal injury solicitor as to any alterative compensation you may want to seek.

Any alternative compensation claim you do instigate will be based on a civil action for personal injury. As a personal injury claim can be expensive, if you believe you may have a case for personal injury compensation but do not have the funds to pay a costly solicitor, you should talk with a no win no fee solicitor to see if there is any chance they will represent you in your claim.

And Finally...

Finally, as well as being the oldest criminal injury compensation authority in the world, with over 80,000 cases a year paying £200 million in compensation, the CICA is also one of the highest rewarding criminal injury claim boards in the world.

Are you aware of how important your compensation for a whiplash injury can be? Too often, a whiplash injury claim is overlooked or is under-compensated. It is often considered minor, but is it really? After all, you've suffered an accident, been injured even if the injury is 'just' whiplash.

Do you realize what a whiplash injury is?

A whiplash typically causes injury to your neck. Do you think a neck injury is minor?

Plenty of accident claim solicitors will try to tell you a whiplash injury won't bring much accident compensation, if any. Do you believe them? If you do, it's because you don't understand the long-term consequences of the injury. If you've been in an accident and suffered, you'd better start to understand how serious a neck injury can be. Overlook the importance of a whiplash accident claim, and you could be in for a very unhappy life.

15 Years Of Hell

Here's a story that will get you thinking twice about the importance of a whiplash neck injury claim.

It was a simple matter. A car accident. She was a passenger in her husband's car. Someone stopped suddenly in front of him, and he rear-ended them.

The accident was technically his fault, because he should have left more space between his car and the one in front. But the man's wife was not at fault. She was just a passenger, an accident victim.

The driver of the car he rear-ended apparently didn't have appropriate accident insurance, so he left the accident scene quickly, before the police arrived. The car wasn’t going very fast at impact. It was rush-hour traffic.

Even so, the car engine was damaged by the accident impact, so that was the end of the car. But no accident injuries to the passenger or her husband, the driver. Or so they thought.

The day after the accident, both husband and wife awoke with stiff backs and some pain extending from the neck all the way down the length of the spine. Accident insurance paid for a visit to the doctor, where they were diagnosed with 'whiplash'.

Whiplash, Yeah... Whatever!

Here's where the story gets bad. The doctor said whiplash was a minor injury and they'd recover; end of story.

But it wasn't.

Two years later, the woman developed a problem with her wrist. It was almost as if her wrist was injured, but she'd done nothing to cause an injury. Gradually she realized the problem involved her shoulder as well. She developed occasional numbness from neck to hand, for no apparent reason.

The whiplash accident long forgotten, she tried to think of an immediate cause of injury and couldn't find one. She went on with her life, unaware that the numbness from neck to hand had anything to do with the injury two years earlier.

As time went on, she developed more problems – various types of health issues that seemed to have no apparent cause. She still didn't think to tie any of these problems in with the car accident from years before, and the whiplash injury the doctor said was 'No big deal'.

Dealing With The Pain

Finally, on top of all her health problems that no one could diagnose, she developed severe neck pain and numbness in her head. It was worse every time she tried to drive. Even though her back and neck felt painful as she sat behind the steering wheel – the same way she felt after her whiplash injury – she didn't once think about the accident that caused the injury. After all, she believed it when her doctor said the whiplash injury was minor, of no consequence.

But there were consequences, serious health consequences. Increasing disability. Trouble staying focused at her job, because of the constant numbness from neck to hand. Pain in her neck and shoulders every time she tired to use the computer or tried to drive. She was afraid half the time of getting into another accident because of the numbness, afraid her neck problems would cause a blackout as she sat behind the steering wheel.

The Relief

When she was finally unable to drive even down the street with the pain in her neck, she finally went to see a new doctor. He asked her, 'Have you ever been in a car accident?'

She thought about it and remembered: 'Yes. Fifteen years ago'.

'What happened?' the doctor asked.

She shrugged. 'It wasn't a big deal. I suffered a whiplash injury'.

The doctor's eyes widened.

'What do you mean it wasn't a big deal? Don't you realize the injury you suffered fifteen years ago is causing all of your problems today?'

This is a sad story, because this woman never thought of a whiplash compensation claim. That injury caused one problem after another that severely impacted her ability to work and her quality of life. The impact of the whiplash injury continued over many years, and the problems intensified. All because of an accident that caused whiplash.

Living With The Consequences

Over the long term, this woman was disabled by her injury. Is that really 'no big deal', as the doctor who examined her after the accident claimed? Shouldn't she have claimed accident compensation for her neck injury, looking ahead to see that she might suffer long-term consequences?

A whiplash injury is NOT minor!

It's an injury to the neck, which is a critical part of the body. It's through the neck that all neural messages and nutrient-giving blood cells travel to and from the brain and the rest of the body. It can have a severe long-term impact… and it's not necessarily apparent right away.

Your Decision

This doesn't mean all whiplash injuries will have severe long-term consequences. But how will you know what compensation you might be entitled to unless you consult with a competent professional – an accident claim solicitor who has seen the consequences of neck injury and knows whether or not you have a valid accident claim? A claim solicitor who can direct you to take the right steps to handle your injury claim efficiently and fairly.

If you've suffered a whiplash neck injury, don't just write it off as 'no big deal'. It might be a bigger deal than you think. Investigate your whiplash accident claim options. Because if the day comes when your injury causes long-term problems, and you can no longer hold a job as a result of your accident years earlier, you will not want to be without the compensation you were entitled to.

Personal injury cases are serious matters. They often involve grave injury, permanent disability, and even death. Victims depend on the personal injury lawyer to recover financial damages that are required to cover their medical treatments, replace permanently lost income, and compensate for their pain and suffering.

Without a qualified, experienced personal injury lawyer, their chances of receiving fair compensation plummet. That's why it’s really important that, if you’ve been a victim of personal injury, you choose the right personal injury lawyer to represent you. Here are a few things to consider when making your selection:

Choose an attorney who specializes in personal injury

Your personal injury lawyer should be able to accurately assess the merits of a personal injury case, approximate its monetary value, and determine the best strategy for pursuing it. He or she should also have extensive experience in the field. Your personal injury lawyer should also who keep current with the latest developments in personal injury law.

Choose a personal injury lawyer experienced in dealing with insurance companies

Insurance company lawyers represent most personal injury case defendants. These corporate lawyers seek to pay out the least amount possible, so an inexperienced personal injury lawyer may be at a disadvantage in these negotiations. Therefore, choosing a personal injury lawyer with a proven track record of successful negotiations is essential.

Choose a personal injury lawyer with trial experience

Although most personal injury claims are settled out of court, personally injury lawyers sometimes obtain favorable settlements by threatening to take cases to trial. The defendants are often willing to pay out more money to the plaintiffs to avoid expensive trials, negative publicity, and the chance that a court would award the plaintiffs more money. In this case, experience is key: if your personal injury lawyer has never won cases in court, the defendant in your lawsuit may not take the threat of going to trial seriously.

Personal injury cases are brought about by physical injury or mental anguish caused by actions or negligence of another party.

Personal Injury cases can include Auto Accidents, Defamation of Character, Product Defects and Medical Malpractice to name just a few. In order to be sure if your personal injury case has validity in the eyes of the law, contact a legal professional in your state.

If you suffer accidental personal injury or damages through the fault of another, that person or business is legally responsible (liable) and can be required to pay compensation. To determine responsibility, the court looks for negligence--carelessness by one of the parties involved. Whoever is determined to have been less careful (i.e. more negligent), is legally responsible for at least part of the damages incurred.

Compensation is generally awarded based on the strength of your documentation and degree of injury. A legal professional is recommended in Personal Injury cases over all others in order to maximize your compensation in the face of the Insurance companies, which normally defend such cases.