Silver Linings

Before my husband's brain injury I was rather timid. After his surgery I found myself fighting for my family's survival financially and emotionally. I'm much stronger and assertive now, and I like myself this way. —Marilyn C.

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Making a Brain Injury Claim: What To Expect From Your Lawyer

Written by Marilyn Colter   
Thursday, 17 November 2011 15:24
If you or a loved one have an acquired brain injury and are embarking upon a claim for compensation it is firstly vital that you locate the right lawyer for you.

It is critical that the lawyer has the right experience in dealing with the specialised nature of brain injury claims, instructing a non specialist can mean your claim is not properly assessed. A lawyer with significant experience of brain injury work will appreciate the complexities of dealing with the injury, and will be best placed to locate the most appropriate medical expert to detail your injuries, and the effect upon your life.

Research using the internet, and by word of mouth, local support groups may enable you to meet other victims, who ma have gone through the process and can provide recommendations.
Once you have identified a Solicitor ask if they offer a free of charge initial meeting at a place of your choice, so you can meet them face to face, ask them about their personal brain injury experience, and get a feel for them. You are likely to be working with this person for a considerable time, and it is vital that you can trust them, and feel confident in having them represent you.

It is normally helpful to take a trusted friend or family member with you. They can take a note, and may think of questions that don't cross your mind.

What can you expect once you have located the lawyer for you?
Once you have decided upon your choice of lawyer meet with them again, and ask for their advice about the likely stages of your case, and timescales. Ask for a copy of their initial advice and their case plan in writing, so you have a document setting out the steps the lawyer anticipates taking. Of course it is not possible to plot the timeline for your case precisely at the outset, but a written outline can help you as you have something to refer back to as your claim progresses.

You can expect your lawyer to speak frankly to you, to give detailed advice in an understandable way, and to accommodate you and any disability arising from your brain injury. The skill of a good lawyer should be to summarise the often complex legal issues in a user friendly way that you understand.
You can expect your lawyer to give you upfront and detailed advice about the funding of your claim and the legal costs.

What can you do to help your lawyer?

There are a number of basic things you can do to help your lawyer progress your case. Ask at the outset what information they would like from you, ie keeping payslips, keeping invoices for expenses you have incurred, keeping diaries outlining your care needs, medical appointments and improvements etc. Respond to their letters or enquiries are soon as you are able. Remember to tell them if you change your email address or phone number! These simple things can save your lawyer time, and help them to quantify your claim.

This post is a guest post by Joanne Berry, who works for UK based Solicitors Pannone. Pannone are specialists in head injury services. http://www.pannone.com/


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