Brain Injury Attorneys

Your Brain Injury Case

At Allen and Allen, we know that brain injured clients and their families look to us not only to manage their brain injury claim and the legal work required to obtain fair compensation for their losses, but also to provide the guidance, comfort, support and information they need to deal with the hard times they confront. See our results.

Do you have a case?

Working With Our Brain Injury Attorneys

What can you expect when you entrust your head injury claim to the attorneys at Allen, Allen, Allen & Allen?

  1. Your Initial Meeting
  2. Your Brain Injury Case Team
  3. Your Brain Injury Claim Investigation
  4. Your Brain Injury Medical Treatment
  5. Your Settlement Negotiations
  6. Your Lawsuit

1. Your Initial Meeting

Contact us and tell the Intake team at Allen, Allen, Allen & Allen about your brain injury case. We will schedule an appointment so you can meet with one or more members of The Allen Law Firm at no cost to you.

During our conference, we will listen to your account of the circumstances surrounding your accident and/or injuries and get your medical history. Because our conversation will be confidential, we encourage you to be candid and open with us. The more we know about your brain injuries and your brain injury claim, the better we can serve you.

If, after our meeting and discussion, you decide you want our firm to represent you in your brain injury case, we will ask you to review and sign an agreement authorizing our representation. The agreement will describe our fee structure and explain how we may advance litigation costs on your behalf with the understanding you will reimburse us at the conclusion of your case. Our law firm works on a contingency fee basis which means we charge no legal fee unless you make a monetary recovery.

Once you have made the decision to engage one of our brain injury attorneys to represent you, your active participation in the prosecution of your brain injury claim is essential. Your continuing support, from beginning to end, will help our firm bring your case to a successful conclusion.

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2. Your Brain Injury Case Team

Our firm employs a team approach to manage its brain injury cases. Attorneys, claims consultants, administrative and litigation legal assistants, investigators and other staff members work together to prepare your case for settlement or trial.

Your brain injury attorney will assign a legal assistant and other team members to work with you. Your legal assistant will begin the process of gathering insurance information and medical documentation to support your brain injury claim. The Allen Law Firm staff members will answer your questions about practical things like your doctors’ appointments, medical bills, insurance, and lost wages. Your brain injury lawyer will explain your legal alternatives and focus on strategies he or she thinks will be effective in your head injury claim.

The law firm of Allen, Allen, Allen & Allen is large enough to handle all aspects of your brain injury case but small enough to deliver the personal attention you need. (Unlike some law firms) we have in-house resources we can devote to your case, resources like accident investigators, legal researchers, and nurse consultants who are specially trained to review the lengthy, complex medical records that are often associated with a severe brain injury claim.

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3. Your Brain Injury Claim Investigation

Investigation is important to the development of most cases. However, it can be a key factor in a serious brain injury claim because our brain injured client may not know or remember how he was injured. We use our own in-house investigators to gather evidence in motor vehicle accident, premises liability, product liability, and work place accident cases.

Our investigators, several of whom are former State Troopers, have been trained to undertake preliminary investigations that can help determine how an accident happened. If your injuries were caused by a motor vehicle accident, they may also interview the law enforcement officers as well as crash team members who participated in accident investigation, reconstruction or re-enactments of your collision.

It is common for our investigators to locate and talk to eye witnesses, take scene and vehicle photographs and obtain copies of official accident reports and photographs that were taken by police officers or state troopers. If your injuries were caused through the negligence of a property owner, our investigators may photograph the property in question and make further inquiries about the accident scene.

Sometimes more investigation is needed. In these circumstances, your brain injury attorney will engage an expert to work on your behalf. If you were injured in a motor vehicle accident, your lawyer may hire an accident reconstruction specialist or a mechanical engineer. If a defective product was involved, your attorney may locate an electrical engineer, chemical engineer, automotive engineer or other expert. He will examine the physical evidence in your head injury claim and furnish your attorney with his findings along with the expert advice and opinions necessary to build a successful brain injury case.

Experts are particularly important in medical malpractice cases. If your brain injury was caused by the negligent act or omission of a health care provider, your head injury attorney will search for well qualified medical experts to review your hospital and physicians’ records and look for evidence to help prove your head injury claim.

 

4. Your Brain Injury Medical Treatment

With your assistance, our legal team will collect information about your medical history and your medical care and treatment to assist us with your brain injury claim. Obtaining a complete set of all your past and present medical records, not just records pertaining to your brain injury, is essential to fully protect your interests. For this reason, we will ask you or a family member to provide us with the names of all health care providers who have treated you in the past, as well as those who are treating you now. This includes hospitals and other medical institutions. We will need:

  • A detailed and complete description of all your injuries, not just your brain injuries
  • The names of all health care providers who are treating you for your accident related injuries and the places where you are receiving treatment
  • Information regarding all prior injuries and medical conditions that are similar to any of the injuries (not just brain injuries) you suffered in your accident
  • Information about all previous accidents, illnesses, and current as well as past medical and neurological conditions, even though you may believe they are unrelated to your head injury claim.

We must have your written authorization to obtain the following documents from your health care providers:

  • Medical records and reports
  • Hospital records
  • Medical bills

We can develop your brain injury case more quickly and smoothly if you help us in the following ways:

  • Keep all appointments with your health care providers as scheduled. Inform us when you reschedule appointments. If you must cancel an appointment, contact your health care provider in advance of your appointment to cancel. Otherwise, you may be charged for the appointment and the words “no show” may be written in your chart. Reschedule your appointment promptly.
  • Describe to your doctor(s) in detail where you hurt and how your injuries affect your activities of daily living including your ability to work. Be sure to include all of your injuries, not just your brain injury.
  • Continue to see your doctor(s) and other health care providers on the schedule they prescribe until they release you from care. When a health care provider releases you, call your legal assistant immediately to let her know.
  • Give complete health insurance/health care plan information to all health care providers and follow up with them on a regular basis to make sure your health insurer/plan is paying your medical bills as required under your insurance policy or health care plan contract.
  • Keep all health care provider bills, prescription receipts, and other accident-related expense records and send them to us promptly.

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5. Your Settlement Negotiations

After you have reached maximum medical improvement and your doctor(s) and other health care providers have released you, we may be able to engage in settlement negotiations with the insurance carrier(s) before we file suit.

Before settlement negotiations begin, your brain injury attorney will prepare the following information and documents for inclusion in a submittal package to be sent to the insurance company: your personal medical records, medical bills, wage loss information and other incidental bills. In addition, we may include photographs of your injuries, relevant accident scene and vehicle damage photographs along with medical reports from your physicians outlining your future medical needs, estimated future medical expenses, and any permanent disabilities you may have. If we have retained experts in your brain injury claim like economists, life care planners, accident reconstructionists, and engineers, we may also enclose their reports.

Once a representative of the insurance company has reviewed your submittal package, he or she may enter into settlement negotiations with your attorney. We will keep you informed during this process. When we receive a settlement offer, we will contact you.

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6. Your Lawsuit

If the insurance company makes no offer in your brain injury case or the offer is not acceptable, we will meet with you and explain your alternatives. They may include arbitration, mediation, or trial.

  • Arbitration is an out-of-court procedure developed to resolve disputes through the use of impartial third parties, called arbitrators. An arbitrator will review the documentary evidence both parties submit. He may also hear live testimony from witnesses before rendering a decision in your case, much as a judge would. In fact, many arbitrators are retired judges. The procedures and rules of evidence used in arbitration are not as formal as those used in court proceedings. This may lead to a faster, less expensive resolution of your head injury claim.
  • Mediation is another out-of-court dispute resolution alternative designed to help opposing parties resolve their legal disputes without going to court. During mediation, a neutral third party serves as a facilitator. He meets with the parties together and separately in an effort to reach a settlement agreement that is acceptable to all parties.
  • Trial by jury may be your best or only way to obtain fair compensation for your brain injury claim. Your brain injury attorney will explain the litigation process and work with you every step of the way. The attorneys of Allen, Allen, Allen & Allen believe in preparing every case as if it will go to trial because we feel this is the only way an attorney can achieve his or her ultimate goal - a good monetary settlement for the client or a substantial jury verdict . Thorough trial preparation enables us to develop powerful and convincing cases to present to the insurance adjusters or to juries if your brain injury case goes to trial.

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If you or a loved one have suffered a head injury due to no fault of your own, call the law firm of Allen, Allen, Allen & Allen for a free consultation to discuss your head injury claim at 866-388-6412.