FAQs
Atlanta, Georgia Personal Injury Lawyer




Legal Representation FAQs

Q: How much are your legal fees?
A: In most cases, the Firm is paid on a contingency fee basis. This means that the Firm does not earn a fee unless and until the Firm recovers any money on behalf of the Client. Depending on the nature of the claim, the contingency fee can range from 33% to 50% of the recovery. The percentage is set based upon the time involved in the claim, the risk involved in the claim, and the potential amount recovered on behalf of the Client.

Q: How long will this take?
A: The time it takes to resolve a case depends on many factors. Some of these factors are:

1. How long will it take before an accurate assessment of damages can be determined (how long will the client require medical treatment; what will it cost; how much time will be missed from work, etc.)?

2. Can the claim be settled before a lawsuit is filed (opportunity to settle changes based on the defendant/insurance company)? In the event that a lawsuit needs to be filed, the case will generally not settle until after both parties have had the opportunity to conduct "discovery." Thus, it will generally be a minimum of six months after suit is filed and the Defendant is served.

Thus, most cases will take at least six months from the date of the wreck to settle. In more serious cases, it can take years before the case will be ready to go to Court. Unfortunately, it is not a process that moves quickly.

Q: How much is my case worth?
A: It depends. There are a number of factors that attorneys review when trying to evaluate a claim. Those factors include the following:

1. Is the Plaintiff a believable and likeable person?

2. What type of injuries were sustained?

3. Are the injuries permanent?

4. Was the Defendant clearly at fault?

5. Where will the lawsuit be tried (generally, the county where the Defendant lives)?

6. What are the out-of-pocket expenses (medical bills, lost wages, etc.)?

7. Are there any other special factor out there, such as whether the Defendant was drunk or acted intentionally to injure someone?

Normally, when a client meets with an attorney for the first time, many of these factors are unknown. Thus, the true value of a case does not become clear until the attorney has had the opportunity to investigate and find out the answers to some of the above questions. This process takes time, and thus, most cases are generally not settled right away.

Q: Is there anything I can do to help my case?
A: Yes. You need to understand that your relationship with your attorney is a partnership. The attorney will need to be able to contact the client and receive prompt responses with any needed information. In addition, the value of the case is greatly impacted by the client's honesty and forthrightness. Insurance companies' lawyers love to argue that the Plaintiff is exaggerating their injuries or that the injury already existed.

The only way to combat this is to provide all information, good and bad, to your treating doctors and your attorney about your prior health history. Frequently, the client can create much bigger problems by trying to hide information, than any problem that could be caused by the information coming out. In short, be honest with your attorney and doctors, and follow their advice. Defense lawyers also like to argue that the Plaintiff should not recover because they failed to do what is in their best interests. If the doctor says that you should walk two miles per day, you should do it. If you don't you are hurting yourself, physically and financially.

Q: Do I really need a lawyer?
A: In many cases, you will benefit by retaining the services of an attorney. Some insurance companies are advertising how quickly they respond to claims. They would like you to believe that they are motivated by their goal of prompt customer service. However, think about why insurance companies would benefit by paying claims quickly. One reason they are in a hurry is to settle with someone who has yet to hire an attorney.

Insurance companies realize they have a superior negotiating position from a non-represented claimant. The unrepresented person is generally not sophisticated in personal injury law. As a result, they have no experience negotiating the value of injuries, and have no idea what their claim is worth. In the event that an agreement is not reached, the unrepresented person is not in a position to sue the insurance company. Thus, the insurance company has no reason to fear the unrepresented claimant.

On the other hand, an experienced injury attorney knows the value of your claim. In addition, they can exert some influence on the insurance company because if the case is not settled, the prospect of a lawsuit goes up greatly. Thus, one study showed that parties represented by an attorney generally two to three times the amount that unrepresented parties received.

Traumatic Brain Injuries FAQs

Welcome to the Traumatic Brain Injury web site (TBI) presented by the Law Offices of Michael Lawson Neff, PC in Atlanta, Georgia. If you are a victim of severe head injury, or close to someone who has suffered a traumatic brain injury, hopefully these Frequently Asked Questions will help.

Q: What is traumatic brain injury?
A: Traumatic brain injury (TBI), also known as a head injury, closed head injury, or concussion, is an acquired injury to the head caused by an outside physical force.

Q: What causes traumatic brain injury?
A: The most common causes of TBI are motor vehicle crashes and falls, but TBIs can occur when a person=s head is hit with a sudden outside force. The brain can be injured when a trauma forces the head forward or sideways violently. The force of the trauma can cause the brain to slam into the skull which can cause internal tears and bleeding. In infancy to early childhood, falls and motor vehicle accidents are the most frequent causes of brain injuries. Other causes are physical assaults such as gunshot wounds, child abuse or shaken baby syndrome and sports injuries.

Q: How does the brain become injured?
A: The brain is a soft, jelly-like structure that weighs about 3 pounds. The brain is made up of 180 billion cells; 1/3rd are used to process information. There are countless connections between these cells. These connections, and the ability to process information, can be impaired or destroyed when brain cells are killed. Brain cells can be destroyed when a trauma tears brain tissue, when oxygen is unable to get to the brain, or when blood is allowed to accumulate on the brain.

Q: 4. What is a coma?
A: A coma is as a prolonged state of unconsciousness. A person in a coma cannot speak, their eyes are closed, and they cannot obey commands. Coma can last from hours to days to months or even years. Depending on the length of the coma, the permanent damage to the brain can be very severe.

Q: What are some of the consequences of brain injury?
A: Damage from a brain injury varies causing physical, behavioral, or mental changes depending on the areas of the brain that are injured. Some common consequences of brain injury include:

Social Immaturity
Memory loss
Fatigue
Problems in arousal, attention, concentration
Problems with judgment
Difficulty with speech or language comprehension
Decreased motor abilities
Visual impairments
Sensory loss or impairment
Anxiety and depression
Inappropriate behavior
Sexual problems

Q: Is there any treatment for traumatic brain injury?
A: Immediate treatment for TBI depends on the severity of the damage. For the most severe cases, doctors perform surgery to control bleeding in and around the brain. Follow up care includes monitoring and controlling pressure on the brain and ensuring adequate blood flow to the brain. The outcome of TBI depends on the cause of the injury and on the location, severity, and extent of neurological damage.

Q: What are some traumatic brain injury statistics?
A: Each year more than 200,000 people are hospitalized with brain injury and survive. Approximately 22% of brain injuries result in death. Falls are the leading cause of brain injury for people 65 years and older. Transportation-related injuries are the leading cause of traumatic brain injury for people aged 5-64. Around 5.3 million Americans currently live with disabilities resulting from brain injury.

Q: Do I need to hire a personal injury attorney?
A: Working with a personal injury attorney can help to secure the entitled compensation. A brain injury can severely affect many different aspects of a person's life. Because damages can be very significant, the costs and the complexities of obtaining evidence and fair compensation are great. Also, by waiting too long to file a claim, you may lose your entitlement to compensation or valuable evidence can be lost. By working with an experienced, aggressive personal injury lawyer, the claimant has the best opportunity to obtain fair compensation for their injuries.

Q: What personal injury damages can I seek for my brain injury claim?
A: A lawyer can help a person recover lost income, past and future medical expenses, and human losses, such as pain and suffering as compensation. In some cases, a victim can pursue punitive damages to punish reckless or intentional behavior. If you or someone you know has been a victim of TBI, compensation may be available. I have helped personal injury clients throughout Georgia receive fair compensation for the injuries they have suffered. If questions remain after reviewing this web site, get answers to those questions by calling 404-531-9700 or click here to send an E-mail for a Free Initial Consultation. E-mail inquiries are forwarded to an attorney 24 hours a day.

Would you like to submit a question? E-mail us at mneff@mlnlaw.com.