Legal Issues | Legal Resources

Legal Issues

Legal issues and questions can be complicated. This section is intended to guide you on the journey of finding competent and appropriate legal representation.

Why Do You Want A Lawyer?

Lawyers can assist you with:

  • Securing maximum benefits from insurance policies

  • Determining eligibility for, securing and maintaining government benefits

  • Obtaining a settlement from the person or company responsible for the injury

  • Resolving discrimination against a person with a brain injury

  • Estate planning, including trust funds, wills, power of attorney, and legal guardianship

  • Workers compensation

    What If You Can't Afford A Lawyer?

    In personal injury cases, you have the right and ability to obtain competent legal assistance regardless of your economic situation. In Illinois, you are often able to retain an attorney by using a contingent fee agreement. You do not pay the attorney any money until a successful settlement is reached, in which case the attorney takes a certain percentage of the settlement.

    How Do You Pick a Good Lawyer?

    STEP ONE: Identify your issues. The first thing is to remember is that lawyers, like doctors, specialize in their field. For example, an expert in estate planning may not be competent to handle a personal injury case. You should select an attorney with the skills and experience to address your specific legal issues.

    STEP TWO: Interview Lawyers. After you have identified the areas in which you need assistance, find at least three lawyers or law firms that you think can meet your needs. It is your right and responsibility to ask potential lawyers about their background and experience. Questions to ask include:

  • How many brain injury cases like mine have you handled? What were the results? A good experienced attorney should be able to tell you that he or she has successfully handled several brain injury cases.

  • What training have you received to handle brain injury cases? Training can come through professional accreditation or Brain Injury Association events.

  • What kind of experience do you have interrogating expert witnesses? How would you use expert witnesses in my case? Attorneys can use physical, speech,and occupational therapists, psychiatrist, psychologists, neurosurgeons, case managers, and other professionals as experts to make your case more solid. Experts should be able to prove the future costs of rehabilitative care, loss of earnings, and other economic losses for which you may be compensated.

  • What knowledge do you have of government benefits for persons with brain injury? Can you structure the settlement so that I will not lose eligibility for government benefits? Attorneys should know and be able to explain to you how to keep eligibility for Social Security, Medical Assistance, and other government benefits.

  • Will you provide the names and telephone numbers of three individuals as references who had situations similar to mine? Attorneys should be able to provide references that will vouch for their abilities.

    STEP THREE: Call references. You should contact the references that the lawyer gives you and ask them if they were satisfied with the lawyer's performance. Was he or she prompt? Helpful? Understanding? Successful?