Questions For Your Brain Injury Lawyer

Questions to Ask Your Houston Traumatic Brain Injury Attorney

Have you recently experienced a traumatic brain injury?

Having a brain injury is no one’s idea of a good time, and getting lost in the legal jargon of pursuing a court case over it is even less so. When it comes to what to ask a traumatic brain injury attorney in Houston, there are a few things to remember.

You’ll want to know all about your attorney’s qualifications and experience. You want someone with a winning record who can accurately assess your case. They should also know the chances of you going to court or getting a settlement.

A brain injury lawyer should also know how much you could expect to win and what to expect during legal proceedings. They should also always be upfront about fees, costs, and chances you’ll win.

Keep reading for a complete guide on what to ask your Houston brain injury attorney.

Ask About Their Qualifications

One of the first things you need to ask your brain injury attorney is their qualifications. While any lawyer could take on a personal injury case, that doesn’t make them all equal. You want an attorney with experience and a good track record.


Part of asking for their qualifications means experience. Ask them how many brain injury cases they’ve handled. Make sure always to be specific.

Personal injury cases aren’t the same as brain injury cases, and brain injuries are super severe with life-altering results. As such, the stakes tend to be higher, and the payouts are higher.

Ask your lawyer about their last case, how long ago it was, and if the client was happy. Get details on winnings and how the case went so you know what to expect. Not only are you assessing your attorney’s credentials, but you’re also getting ready for what you might face.

How Often Do They Win?

This is also an essential qualification for any brain injury case. It sounds harsh to say, but you want a lawyer with a winning record. This is also a great way to assess their honesty.

Brain injury cases can be pretty complex, and no two cases are identical. Curveballs come in all the time, resulting in a few unexpected losses. What’s important is that the lawyer is honest with you and that they win more than they lose.

If an attorney isn’t upfront with their record or doesn’t want to discuss it, that’s a red flag. You need total trust in your attorney if you plan to pursue a legal case. You also want to feel like you’re in good hands.

Part of this means also asking them about previous clients and cases. A good lawyer should have a decent portfolio. If you notice they don’t take on a lot of brain injury cases, that could be another red flag.

Will My Case Go to Court?

This is a significant question to ask. Not every traumatic brain injury case goes to court, and some end up in a settlement instead.

If your lawyer is worth their salt, they should know what to expect. After hearing about your case, they’ll know the chances of going to court versus a settlement. It’s a good idea to ask about this to prepare yourself.

A settlement might be a long, drawn-out process, but it can sometimes be preferable to a lengthy court battle. That said, sometimes the injuries are too severe, and a settlement is often likely lower than what you’d seek in court and might be too low for you.

Often, the other party will try to lowball you to get out of a larger bill. Your lawyer should be able to see right through that and give you their best advice. A reputable brain injury attorney will never tell you to risk a court battle if they don’t have plenty of reason to think you’ll win.

Do I Need to Testify?

Another question you might want to ask is the possibility of you having to testify. If your case goes to court, you will have a real chance. Every case is different, and you might not need to.

Because of the potential ambiguity, it’s always worth asking. Bring this up at some point during the conversation about the chances of your case going to court. You might ask because you’re nervous about having to relieve your trauma or for some other personal reason.

A good lawyer will help assuage your fear and explain the process. That way, you’ll be fully prepared if it should come. Because of their experience, a lawyer will also know the chances of you needing to testify.

Remember, there’s no such thing as a simple or unnecessary question. It would be best if you prepared yourself for every possibility, and your lawyer is there to help with that.

How Much Can I Expect to Win?

Any personal injury lawyer can tell you what you should expect to win. They’ll take into account the financial resources of the other party and the nature of the injury. Often they’ll cite precedent from previous cases, as well as experience.

There are also two significant ways you could get paid if your case goes to court. The first is via a first-party settlement, and the second way is third-party.

Third-party covers pain, suffering, and traditionally non-monetary costs or losses. Not every case or jurisdiction allows you to get third-party payouts. That said, it’s worth discussing with your lawyer.

First-party settlements are the ones you most often think of, including lost wages and if you need extra care or have incurred medical bills. As stated, first and third-party payouts require you to go to court.

The other way you could make money is via out-of-court settlements. Talk to your lawyer about this possibility and the likelihood. They should have the experience to give it to you straight.

If the settlement is likely low, and your attorney thinks you could get much more in court, they should tell you.

Will They Talk to the Insurance Company or the Defendant For You?

This is a significant element that all reasonable injury attorneys share. They know that a severe injury is traumatic. The last thing you might want to do is argue with the insurance company or the defendant.

A good lawyer will take as much of this stress off of your shoulders as possible. Using details from your specific case, they’ll create a plan, call the insurance company or negotiate with the other party’s attorneys.

You won’t have to relieve your trauma during this phase, and you can focus on getting better and working with your lawyer for the best results. As such, this is a question you should always ask.

Any brain injury attorney who isn’t willing to make those phone calls for you isn’t worth hiring for your case.

Find Out Your Attorney’s Fees

Your brain injury lawyer, like any attorney, needs to get paid. It might sound rude or imprudent, but it’s worth clarifying the exact terms as early as possible. You don’t want to end up with a massive legal bill that eats away your winnings.

Ask your attorney what their standard rates are. This includes consultations, helping with legal filings, and showing up in court. If you’ve asked them all the other questions on this list, you should know where you stand with your case.

You should know the likelihood of getting an extensive settlement or payout. Therefore you can also calculate how much you can or want to give to your lawyer.

Now most lawyers will be pretty flexible and understanding of your situation. In major brain injury cases, it isn’t usual for lawyers to ask for payment upfront, and a good number of them will even waive the consultation fee.

Like many other personal injury attorneys, brain injury lawyers usually only get paid if they win. It’s in their best interest to do everything they can to win and thus earn their keep. You have some pretty good options when it comes to finding an excellent traumatic brain injury attorney in Houston.

Asking the Right Questions to Your Traumatic Brain Injury Attorney in Houston

Regarding what to ask your traumatic brain injury attorney in Houston, there are no wrong options. Often a lot is riding on your case, and you want to ensure you’re prepared for anything that could happen. Ask your attorney about their experience and what they think about your case.

When finding quality brain injury attorneys, you can trust, give Morgan Legal Group a call. We have all the qualifications and a proven track record of helping you win your case. If you have questions like the ones listed above, don’t hesitate to contact us today.

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