How Lawyers Decide Whether to Take a Brain Injury Case in Calgary
Brain injuries can be devastating, affecting every aspect of a person’s life, from their ability to work to their daily functioning and quality of life. When these injuries result from an accident or someone else’s negligence, victims often seek compensation to cover medical expenses and long-term care needs. However, not every brain injury case will be taken on by a lawyer in Calgary. Attorneys carefully evaluate several key factors before deciding whether to proceed with a case. Here’s an in-depth look at what personal injury lawyers consider when taking on a brain injury claim.
1. The Severity of the Brain Injury
The first factor lawyers consider is the severity of the brain injury. Brain injuries vary widely in their impact, from minor concussions to severe traumatic brain injuries (TBI) that can leave a person with permanent impairments. Calgary severe brain injury lawyers look closely at medical records, including CT scans, MRIs, and neurological evaluations, to assess the seriousness of the injury.
Types of Brain Injuries:
- Mild Traumatic Brain Injury (Concussion): Though often considered minor, concussions can have lasting effects, such as memory problems, headaches, and dizziness.
- Moderate Brain Injury: This may involve longer-lasting symptoms, requiring extended medical treatment and rehabilitation.
- Severe Traumatic Brain Injury: Severe cases often involve prolonged unconsciousness, cognitive deficits, and long-term disability.
Cases involving more severe brain injuries are generally more compelling because they tend to involve higher damages and more evident impacts on the victim’s life. Lawyers are more likely to take cases where the injury’s impact is clear and well-documented.
2. Causation: Proving the Injury Was Caused by the Incident
Proving a direct link between the accident and the brain injury is crucial in any personal injury case. Lawyers must evaluate whether there is sufficient evidence to establish causation, meaning the injury was a direct result of the defendant’s actions or negligence. Without clear causation, it can be difficult to hold the responsible party liable.
Key Evidence for Causation:
- Medical Records: Reports from doctors and neurologists detailing the injury’s cause and severity.
- Accident Reports: Police and incident reports that provide details of how the accident occurred.
- Expert Testimony: Medical experts can help explain how the accident led to the brain injury.
For example, if a client suffered a brain injury in a car accident and medical records show head trauma consistent with the collision, the case for causation is strong. Conversely, if there’s no clear link between the accident and the injury, lawyers may be hesitant to take the case.
3. Potential Value of the Case: Damages Assessment
Lawyers assess the potential value of the case by looking at the total damages the client may be entitled to. Brain injuries often result in significant expenses, including medical bills, ongoing treatment, lost wages, and the need for long-term care. The more substantial the damages, the more likely a lawyer is to take on the case.
Types of Damages:
- Economic Damages: These cover tangible costs like medical expenses, lost income, and rehabilitation fees.
- Non-Economic Damages: This category covers compensation for intangible losses like pain and suffering, emotional trauma, and diminished quality of life.
- Punitive Damages: In rare cases, punitive damages may be awarded if the defendant’s actions were particularly reckless or malicious.
Lawyers need to weigh the potential compensation against the costs of litigating the case. High-value cases that justify the time and resources required are more likely to be accepted.
4. Strength of Liability Evidence
Another critical factor is the strength of the liability evidence. Lawyers must be confident that they can prove the defendant was at fault for the accident. This involves examining witness statements, accident reconstruction reports, and other pieces of evidence that establish negligence.
In brain injury cases, the responsible party could be a negligent driver, a property owner who failed to maintain a safe environment, or even a medical professional who made a serious error during surgery. If liability is clear and well-supported by evidence, lawyers are more inclined to take on the case.
- Legal Tip: Strong liability evidence often involves eyewitness accounts or expert analysis, such as accident reconstruction experts who can clarify how the incident occurred.
5. Client Credibility and Cooperation
The client’s credibility and willingness to cooperate are also key considerations. Brain injury cases often require extensive medical documentation, cooperation with experts, and honest testimony. Lawyers look for clients who are reliable and forthcoming, as this can significantly impact the success of the case.
Additionally, clients need to be prepared for a potentially lengthy legal process. If the lawyer senses that the client may not be cooperative or truthful, they may decline the case to avoid potential complications.
6. Resources Required: Time, Money, and Expertise
Handling a brain injury case requires significant time, money, and expertise. Lawyers must evaluate whether they have the resources to manage the case effectively. Brain injury cases often necessitate hiring medical experts, neurologists, and vocational specialists to provide testimony and support the claim.
In Calgary, most personal injury lawyers work on a contingency fee basis, meaning they invest their own resources upfront and only get paid if they win the case. This arrangement can be risky for lawyers, especially if the case requires substantial investment without a guaranteed outcome.
- Legal Insight: Discuss the potential costs and fee structure during your initial consultation with the lawyer. Understanding the financial aspects of your case can help set realistic expectations.
Conclusion: Factors Influencing a Lawyer’s Decision
Deciding whether to take on a brain injury case is not a simple task. Lawyers in Calgary must consider multiple factors, including the severity of the injury, evidence of causation, potential damages, liability, client cooperation, and the resources needed to pursue the case. The goal is to assess whether the case is strong enough to justify the time and effort required.
If you or a loved one has suffered a brain injury due to an accident or medical error, seeking a consultation with a skilled personal injury lawyer is a critical first step. By understanding what lawyers look for when evaluating brain injury cases, you can better prepare your claim and increase your chances of securing the legal representation you need.
