You should choose a brain injury lawyer with experience and expertise in complex litigation and brain injury litigation, experience and expertise in proving liability and dealing with insurance coverage issues and the resources to retain highly qualified specialist physicians, occupational therapists, vocational rehabilitation consultants and other experts necessary to support the claim for damages. A brain injury lawyer should also assist the injured person with obtaining the best possible care and assistance. (Click here to review Bruce Lemer’s background.)
At the same time it is important to note that legal fees reduce the net amount of a judgement or settlement available to pay for household assistance, care, accommodation, loss of earnings and other losses, potentially leaving the plaintiff under compensated. In serious and catastrophic injury cases we offer lower percentage (contingency) fee arrangements. This recognizes that a percentage (contingency) fee that may be appropriate in an ordinary injury claim may be too high where the client’s damages are very substantial. In just such a case Bruce Lemer recently represented an infant who became a partial quadriplegic as a result of a motor vehicle accident. The British Columbia Supreme Court Judge approving the settlement commented that his fees were “eminently reasonable”.
Traumatic brain injuries have many, often subtle, effects. At one extreme, they can cause permanent loss of consciousness and paralysis. At the other extreme, they can have subtle but devastating effects on the injured person’s behavior. For example, damage to the frontal lobe of the brain might result in problems organizing one’s life and emotional difficulties that significantly impair the ability to work and get by in life. Otherwise, the injured person’s intellect could remain intact. Such damage might be apparent only on a sophisticated MRI or perfusion brain scan (which measures blood flow in the brain). Diagnosis of mild to moderate traumatic brain injury is challenging. Sometimes psychological and behavioral problems are subtle and not adequately observed or reported to parents of schoolchildren. For instance, in one case, Bruce Lemer represented a student with a mild to moderate brain injury who nonetheless received average school grades. Further investigation showed that he was actually well behind his schoolmates and his grades were being inflated. It took neuropsychological testing and the involvement of an educational consultant to show that the teachers’ grades were not based upon his true achievement.
Proving a brain injury case requires the involvement of neurologists, neuropsychologists, psychiatrists, and possibly neural-radiologists, educational consultants, occupational therapists and vocational rehab dilatation consultants. Testing by these experts and care available through an ICBC claim can often exceed, and be available more quickly than, care available through the public medical system.
An experienced personal injury lawyer will ensure that you obtain appropriate damages for your injuries. Bruce Lemer has thirty years experience as a personal injury lawyer and has the expertise and resources to represent you properly. For more information about Mr. Lemer, click here.