Choosing a TBI Lawyer: The Scarlett Law Group

Few of us realize how pervasive the law is in our lives until we get into a dispute with someone else. Then we are amazed to discover what a tangled web of law there is, and how complex and endless the rules seem.

The threshold question in many situations involving the law is whether you can “do it yourself” or whether you need a lawyer to advise you on your rights or handle the matter for you completely.

While many “minor” disputes can adequately be handled without need of a lawyer – using Small Claims Court or Alternative Dispute Resolution – if you, a friend, or loved one sustained a catastrophic personal injury such as a traumatic brain injury, there can be no question but that you are in need of the services of a competent lawyer.

Unfortunately, we live in a day and time where millions of dollars have been spent persuading the general public (prospective jurors) that should an injured victim exercise their fundamental constitutional right by bringing suit, that individual is merely adding to an already “sue happy” society. Nothing could be further from the truth.

Where a lawsuit is not pursued, unless the injured victim is independently wealthy, the taxpayers will bear the brunt of the financial responsibility. Indeed, in catastrophic cases the victim may end up institutionalized unless sufficient funds are secured in order to meet the victim’s medical and support needs.

Complicating matters further, many victims of traumatic brain injury, especially mild traumatic brain injury, are in a state of denial regarding the profound impact of the injury itself. While victims of “mild” TBI have not sustained the “catastrophic” injuries, which may cause an individual to be institutionalized, they have nonetheless sustained injuries which will have a significant impact on their vocational capabilities. In denial, job after job is lost.

Combining denial with the current disfavor regarding lawsuits may very well prove to be a recipe for disaster for the injured individual. Only a lawyer can assess the “legal health” of the injured victim – by investigating the facts, researching the latest developments in the law, applying his or her legal training and experience, and then advising the victim of his/her alternatives. A good lawyer can spot the “jagged rocks” that may lie below the waters of a seemingly simple dispute and can help the victim plan a course of action to avoid them.

The sad truth is, however, that all lawyers are not created equal. It is a very sad fact of traumatic brain injury life that many survivors will not receive adequate recompense for their injury because their lawyer did not have enough experience to know how to analyze, prepare and present a legitimate claim for damages. Many times, the blame is directly traceable to the attorney who is not forthright in the first place regarding his/her lack of experience handling cases involving traumatic brain injury. Time after time the inadequate result rests with the attorney who did not understand the seriousness of the injury simply because of its “invisible” nature.

Unfortunately, even where an injured victim has overcome denial, and has further overcome the social stigmas associated with bringing a lawsuit, s/he may nonetheless experience further “hurt” due to an association with a lawyer having no idea how to properly present claims involving traumatic brain injury. BEWARE: EDUCATION, TRAINING, AND EXPERIENCE VARIES BETWEEN LAWYERS.

At the Scarlett Law Group, we represent injured victims on a contingent fee arrangement. This means that we do not receive any fee or payment unless money is recovered on behalf of the injured person, and then the attorney fee is paid as a percentage of the amount recovered.

What this means is that you have the absolute ability to hire the most qualified attorney specializing in representing individuals sustaining traumatic brain injury. Through the use of the Contingent Fee Agreement, and given that there are excellent attorneys around the United States willing to advance the expenses in connection with the prosecution of a TBI case, injured victims have the ability to hire the most qualified attorneys and need not settle for or accept inexperienced attorneys to handle their cases.

Through the contingency fee, you have the ability to hire a qualified attorney in a crucial situation, and you need not pay that attorney unless they successfully perform. This is a powerful position to be in. Do not underestimate your position. After all, the results of your lawsuit will have an important and long-term impact on your quality of life. Just as you would not rush to purchase any item of consumer goods, nor should you hastily choose a lawyer to represent you.

We at the Scarlett Law Group are committed to handling claims of individuals sustaining traumatic brain injury. We are committed to spending the time with you and your family members to gain a deep understanding for each and every way the injury has affected your life. We are committed to spend the necessary time in order you understand your rights in the progress of your case. Our staff is committed to trying to make your life easier, and we will endeavor to put you in contact with support groups and treating doctors as your case may require.

Given the importance of your choice of counsel, you should be prepared to meaningfully question prospective lawyers in order to ascertain his or her qualifications to handle your case. For example, you should determine how many TBI cases that lawyer has been involved in as principal attorney during the last three to five years. You should determine what percentage of the lawyer’s practice is devoted to cases involving TBI. You should not hesitate to inquire of the settlements/verdicts obtained by the lawyer on TBI cases. (This should be done with a recognition that every case is different.)

You want to make sure that the lawyer is current. In this regard, ask the lawyer how many seminars or conferences s/he has attended over the past several years involving TBI issues. Review that lawyer’s website, or ask the lawyer to provide you with any articles written over the past three years involving any aspect of TBI.

You are about to embark on one of the most important decisions of your life, to wit: The choice of the right lawyer to represent you. You are armed with a powerful tool, the Contingency Fee Agreement. This Agreement allows you to retain experienced counsel without having to pay hundreds of dollars per hour up front. Please, do not make your decision cavalierly. Ensure that you are comfortable with the counsel of your choice. Ensure that counsel has the confidence and experience to properly handle your case. The path is a difficult one, and the choice of counsel can make all the difference in the world.

If you or someone you know has been injured or suffered Traumatic Brain Injury or TBI, you need the assistance of the Scarlett Law Group.
Call (415) 688-2176 today to speak with a California Personal Injury Attorney.

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