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A brain injury occurs as a result of degeneration or destruction of brain cells. While a brain injury may occur for a variety of reasons, most brain injuries are categorized as injuries occurring before or after birth. Deciding on a brain damage lawyer to represent an injured victim, therefore, must start by determining what legal cause of action to pursue. References are the next step in choosing the best brain damage lawyer, as well as performing a routine background check for previous disciplinary complaints. Consultations should then be scheduled with three or four attorneys to make the final decision.
A brain damage injury may be caused at or before birth, or as the result of something that happens after birth. Those occurring before or during birth may be the result of a congenital defect or disorder, or the result of negligence on the part of someone involved in the birth. Brain injuries that happen as the result of a traumatic injury, on the other hand, may be due to someone's negligence.
Medical malpractice is the legal course of action to pursue if the brain damage is the result of negligence on the part of the physician, hospital, or other medical provider at the time of birth. A personal injury lawsuit, on the other hand, is the appropriate course to take if the injury is the result of a traumatic accident after birth. As such, a victim should seek a brain damage lawyer who specializes in medical malpractice for birth injuries or a personal injury lawyer for a post-birth brain injury.
Once the decision has been made which type of brain damage lawyer is required, referrals should be the next step. Personal referrals from friends, family, or colleagues are wonderful sources. If a personal referral is unavailable, then the local or state bar association, or equivalent, may be an excellent referral source. In the United States, bar associations often keep a current list of attorneys who practice in certain areas of the law, as well as basic information such as location, office hours, years in practice, and languages spoken.
From the list of referrals, a simple background check should be completed to make sure that the brain damage lawyer being considered does not have any serious disciplinary complaints pending. In the United States, each state has an agency or board that handles disciplinary complaints. A quick phone call or online search should provide the information sought.
Once the list of possible brain damage lawyers has been narrowed down, a consultation should be scheduled with each one. During the consultation, be sure to ask important questions that pertain to the case as well as general questions regarding fees, trial experience, and success rates. After all consultations have been completed, it should be easy to pick the best lawyer for the case.