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
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
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
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. [Contingent Fee].
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
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.
today to speak with a California Personal Injury Attorney.