Why Lawyers in Brain Injury Cases Get Fired
How Not to Make the Mistake that Gets you Fired in a Brain Injury Case
By Gordon S. Johnson, Jr.
I personally have focused on brain injury cases for more than twenty years. A brain injury case requires expertise beyond what the best personal injury lawyers have. The attorney ideally should be a brain injury attorney. The best guidance I can give is don’t take a brain injury case because you think the case will be easy. It will not be easy. If you do manage a brain injury case, I think it will help you to know what not to do. These mistakes can get you fired within legitimate reason.
- The lawyer is in too big of a hurry to get the check to understand the complete extent of your client’s brain injury case.
- The lawyer has too many cases in the office.
- The lawyer doesn’t understand brain injury and brain injury survivors.
- No one in the lawyer’s office seems to care.
- The lawyer doesn’t accept the fact that a brain injury case will require substantially more time than a typical rear end case.
- The lawyer doesn’t make all efforts to find a deep pocket. Deep pockets are important because every brain injury case has potential to be life altering.
- The lawyer isn’t prepared to invest $50,000 to $100,000 to prove the full extent of the brain injury disability.
- The lawyer believes that a normal report on a CT Scan on the date of injury eliminates all question of permanent brain damage.
- The lawyer believes what the ER report says about the diagnosis, or lack thereof.
- The lawyer believes a neuropsychologist who says that labeling your client with a brain injury will be harmful to them.
- The lawyer doesn’t demand Magnetic Resonance Imaging to be done by someone who is doing research in the field of brain injury.
- The lawyer thinks because the client has a job after the brain injury, that there is no loss of earning capacity.
- The lawyer values the case based on some ratio to the amount of the medical bills.
- The lawyer thinks neurologists are brain injury experts.
- The lawyer takes at face value what the survivor says about his or her problems without talking to family members.
- The lawyer thinks brain injury is strictly a cognitive problem and doesn’t consider the behavioral, mood and physical deficits that make up the most significant problems in a brain injury case. Click here for the understanding the full spectrum of brain injury deficits.
- The lawyer doesn’t get the 911 tapes as soon as retained.
- The lawyer doesn’t have an end game as to how to continue to negotiate after mediation fails.
- The lawyer doesn’t retain the right experts.
- The lawyer doesn’t keep in touch with your client.
- The lawyer hasn’t been to the client’s home.
- The lawyer doesn’t return the clients’ phone calls or respond to their emails.
- The lawyer doesn’t understand the client’s all consuming passion for his or her case.
- The lawyer was hired when the client did not understand the nature of the contract for your services.
- The lawyer doesn’t get a guardian appointed when your client was in a coma or unable to contract.
- The lawyer has given up on the case and not told the client.
- The lawyer thinks defense experts understand brain injury better than the brain injury client does.
- The lawyer doesn’t believe the client when they tell you that they are different.