Brain injury cases—especially “mild” brain injuries—can be complex and, sometimes, burdensome to prove. It’s essential that your attorney be intimately familiar with the legal, medical, financial, and long-term issues related to brain injury. The majority of lawyers do not have this expertise.

Don’t delay, but choose wisely. If you decide to hire an attorney, keep these guidelines in mind:

•  Contact your state brain injury association for the names of attorneys who show their interest in brain injury by supporting the association.
• The American Association for Justice (800-424-2725: http://justice.org) has a Traumatic Brain Injury Litigation Group and a public directory of lawyers who practice in the area of traumatic brain injury.
• Contact your state bar association attorney referral service.
• Interview three or four attorneys. Don’t just pick one from the Yellow Pages, a television commercial, or a billboard. The attorney, not a paralegal (an attorney’s assistant), should meet with you in the initial interview.
• Understand and receive in writing your agreement regarding the attorney’s fees: the percentage retained in a contingency agreement, the hourly fee in a pay-as-you-go arrangement, or the amount of a pre-determined fee, as well as a detailed explanation of any billable expenses. This written agreement also should indicate whether the attorney will advance the expenses of your case, and who, ultimately, is responsible for the case expenses if the case is settled or lost.
• Ask for the names and phone numbers of three or four previous clients with brain injuries. Contact them for references.
• Although a paralegal likely will handle your case on a day-to-day basis, your attorney should respond to your questions and concerns.
• If you become dissatisfied with your lawyer, you have the right to switch attorneys at any time during your case. States vary in how a discharged attorney is paid.