Brain Damaged Lawyer Sues Bus Company

Posted on November 13, 2007 by Tim Titolo

The reality of disability from brain injury can be seen in cases where individuals lose their ability to retain employment or function competitively at their job.  In cases of professionals like doctors, lawyers, engineers and others, this disability is a sensitive issue.

Cognitive impairments can diminish important aspects of a career.  Straying from the cutting edge of ones practice can seriously alter the effectiveness of that practice.  Lack of Initiative, insight, and abstract thinking, to name a few of the impairments associated with brain injury, can make former employment impossible.

For instance, The Louisville Kentucky Courier-Journal and United Press International reported a case of a former lawyer suing a transportation provider in Kentucky for not taking action to prevent a bus crash that left him incapable of practicing law.

Kevin Halbe, a former managing partner for Wyatt Tarrant & Combs in Louisville is suing the Transit Authority of River City for a 2005 traffic accident that left him with a traumatic brain injury that changed his life.

Hable contends TARC officials should have acted to prevent bus driver, Terra Walter, a convicted drug user, from operating the vehicle that smashed into his car.

Walter was fired by the transportation group three times prior to the accident in Louisville for her questionable behavior and Hable's attorneys allege medical tests have shown she was likely high at the time of the accident.

To Hable, the traffic accident completely changed his life. His attempt to gain $6.4 million in lost income plus punitive damages will begin in Jefferson Circuit Court on Tuesday, November 13.

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Guide to Selecting Lawyer in Traumatic Brain Injury Case

Posted on September 20, 2007 by Tim Titolo


Guide to Selecting Lawyer in Traumatic Brain Injury Case
  Timothy R. Titolo 
 
  INTRODUCTION


There are many people with traumatic brain injury who never receive adequate compensation for their injuries. This happens because many lawyers simply do not have the education or experience to analyze, prepare, understand or present a case involving traumatic brain injury. In today’s legal climate attorneys who do “personal injury” are not all equally competent to handle traumatic brain injury cases. Just as a person with traumatic brain injury needs special medical care, so too they need special legal representation. In Nevada, and throughout the United States, and because of contingency fee agreements, every person can afford to hire the most qualified lawyer to handle their case.

It is easy to assume that a “big firm” is most qualified to handle “any case.” However, this is simply not so. The trend of firms handling Plaintiff’s cases is to network with specific attorneys in the particular field. For instance there are a number of attorneys nationwide who are known for their handling of traumatic brain injury cases. Consumers need to know if attorneys in their jurisdiction are members of such special expertise groups.

The purpose of this article to assist and guide people with traumatic brain injury, and their families, to select and retain the most qualified attorney for these types of cases.

CONTINGENCY FEE AGREEMENTS

In most states, including Nevada, persons with injury have the ability to hire an attorney by using a contingency fee agreement. This is a situation where the attorney agrees to be paid out of the amount recovered. In the meantime, the attorney customarily advances the case costs and receives reimbursement, also, from the amount recovered. This empowers anyone to retain the most qualified lawyer since lawyers from both ends of the spectrum enter into the same contingency agreements with consumers. This, unfortunately, is where many consumers of legal services are lead astray. Injured persons in our society have the ability to hire the most qualified attorneys and need not settle for or accept unqualified, inexperienced or incapable attorneys for their injury cases. This is especially true in cases of traumatic brain injury. A lawyer should have significant experience with and knowledge of the injury.

What to ask the lawyer before you decide

What most people are good at and familiar with is buying stereo systems, VCRs, cars and similar goods. However when deciding on services, like legal services, many consumers lack the information necessary to make the best decision. After all isn’t that why they hire accountants and doctors and plumbers - because they do not know what these professionals know? And so it is with legal services. It is hoped that this article and attached checklist will make it easier for people to make this most important decision.

As consumer, you have the absolute right, in the initial interview, to ask the attorney various questions about his or her background and work in the area of closed head injury. Remember, the lawyer is applying for the position of representing you in your case. Do not be afraid to ask questions. The results of your lawsuit will likely have a very long term and life long impact. Therefore the more qualified your attorney the better the result is likely to be. Please take the information in this article with you to the initial interview with the attorney and use it in questioning the attorney about education, experience and competence in handling cases similar to yours. At the end of the interview, ask the attorney to sign it acknowledging that the answers are true and accurate.

The following questions are suggested:

1. How many cases have you been involved with over the past three years?


2. What percentage of your practice of law is devoted to handling cases and injuries similar to mine?


3. What were the results in terms of settlements or verdicts of the last 5 cases you handled that were similar to mine?


4. What associations do you participate in that deal with injuries like mine?


5. List three textbooks that you own and refer to when discussing injuries similar to mine?


6. Show me a text you have read regarding my injury within the last 6 months.


7. Name the seminars dealing with my injury you have attended in the last two years.


8. How many articles have you written over the past three years that deal with any aspect of injury similar to mine?


9. Would your law firm be able and willing to spend in advance as much as $50,000 in the investigation, preparation, and presentation of my case, if necessary?


10. How do you plan to prepare and present my case and what experts do you plan to use?

Fundamental Knowledge

An attorney who you are considering must know, at an absolute minimum, that doctors and neuropsychologists involved in clinical practice, diagnosis and treatment of persons with traumatic brain injury agree that a person can have a serious, permanent and disabling injury even though:

1. A person typically does not perceive a head injury for weeks and months after the trauma.


2. Loss of consciousness is not necessary to have an altered state of consciousness or brain injury.


3. Persons may appear “ok” at the accident scene and even be exchanging insurance information.

 
4. Injury to the brain does not necessarily accompany broken bone or open wounds.


5. Normal skull x-ray, CT scan, MRI, EEG and other tests are expected.


6. Persons with traumatic brain injury are often misdiagnosed by general practitioners and other doctors.


7. There are reports of vision and hearing problems despite normal eye and ear exams.


8. They continue with their employment or school.


9. Problems may be described as depression or faking (which is caused by the brain damage not the other way around).

CONCLUSION

All too often people assume that the “family lawyer,” whether the one who formed the family corporation or one who a friend referred who handled their “car accident,” is appropriate to handle a brain injury case. After all isn’t any lawyer capable of handling all injury cases? Certainly not! That is akin to assuming all heart surgeons are equally qualified as back surgeons to fuse a disc. Traumatic Brain Injury litigation requires not only extensive experience but devotion to the study of brain injury as a distinct topic. Further, consumers deserve dignity and respect and need an attorney who understands the losses they experience every day.

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The Cost of Not Retaining Nevada Counsel

Posted on September 16, 2007 by Tim Titolo

It's hard to explain and it seems cold. When a client from another state wants to know why they have to pay an out of state cost bond; or why they need to fund certain expenses regarding their own medical care or case costs; I explain that the cost of the case comes from funds, typically mine, that do not earn interest and are not guaranteed to be returned. Therefore, out of state clients need to show their commitment to the case by making an upfront financial contribution to the case.

Injuries that occur in Nevada need to be pursued from Nevada. Many times tourists who are injured in Nevada consult with lawyers from the state they live in. Too many times lawyers do not refer them to or consult with Nevada counsel. They "settle" as much of the case as they can and then pass off the client or send them to Nevada counsel demanding a referral fee. This puts me in an awkward position.

Whatever money was settled is no longer available to reimburse costs and expenses (not fees). The settling lawyer does not explain this to their client. Unknowingly, the client expects a different lawyer (in Nevada) – who has not been paid from any settlement – to put up the costs of pursuing the case. The settling lawyer never offers to assist the client by sharing those advanced costs with the Nevada lawyer.

The cost of proving the TBI case is high; especially the mild or moderate TBI case. While clients with TBI already have inherent cognitive limitations, explaining the reality of funding their case is difficult. Costs of filing suit, retaining experts, taking numerous depositions can rise very quickly since the burden of proof is on the injured party. Typically, in TBI cases I handle, those costs will reach $30,000 within the first 6 months. By the time trial approaches costs easily near $100,000. Taking the matter through trial increases the amount another $50,000.

I recently found myself explaining to an out of state client that the liability aspect of a case against one defendant was tenuous. That the local state lawyer took the "easy money" settling a portion of the case against an “easy” defendant and left the client without options for collecting on the "bigger picture" and the remaining defendant. Filing a lawsuit was absolutely necessary.

The local state lawyer should have explained that they were not able to pursue the case against any defendant in Nevada (because filing a lawsuit requires a Nevada license) and that in order to fund the litigation, part of the settlement portion of the case could be used. Instead the local state lawyer pockets the fee and abandons the client to pursue the matter with another lawyer in Nevada. The client comes to me having paid the out of state local lawyer who never intends to fund the case at all. He never intended to protect the clients interest by filing a lawsuit and could not have even if he wanted to.

I explained that insurance coverage was questionable since liability against the remaining defendant was tenuous. Without it, the case could be worth millions based on the injury but the value, based on liability and coverage, could be nothing. Again, the local lawyer left that information out of the legal advice to the client.

Not all situations are like this. Many times I am consulted by out of state counsel who really is concerned about their client. They desire to bring in Nevada counsel immediately. I wish all situations were like this but unfortunately they are not. This is when I find myself having to explain the hidden cost of a TBI case.

If you are out of state and get hurt in Nevada, be sure to ask your lawyer whether they can file a lawsuit in Nevada or pursue the case without the assistance of Nevada counsel. If not, you may want to consider contacting Nevada counsel first so that the cost of the lawsuit can be borne by the lawyer who you retain to represent you in Nevada.

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Guide to Selecting Lawyer in Spine Injury Case

Posted on September 3, 2007 by Tim Titolo

Before x-rays there were broken bones. We just could not see them on films. Today many orthopedic injuries are visible on films and other diagnostic technology. Many times proving that someone broke a bone or injured the spinal column involves much more then simply reading an x-ray, MRI or CT Scan. Many other Syndromes and Nerve Injuries originate from, and are secondary to, the trauma and orthopedic injury. And as transportation, technology and speed increase, so do the mechanisms of injury.

When disability results - partial, whole, temporary or permanent - the issue becomes expressing it to a jury and receiving appropriate compensation. This can be done by having substantial knowledge in the areas of vocational rehabilitation, life care planning, reduction in value of life analysis, as well as anatomy and medical issues associated with the injury.

Here are some things to consider when deciding on a lawyer to represent you:

How many cases have you been involved with over the past three years?


What percentage of your practice of law is devoted to handling cases and injuries similar to mine?

 
What were the results in terms of settlements or verdicts of the last 5 cases you handled that were similar to mine?


What associations do you participate in that deal with injuries like mine?


List three textbooks that you own and refer to when discussing injuries similar to mine?


Show me a text you have read regarding my injury within the last 6 months.


Name the seminars dealing with my injury you have attended in the last two years.


How many articles have you written over the past three years that deal with any aspect of injury similar to mine?


Would your law firm be able and willing to spend in advance as much as $50,000 in the investigation, preparation, and presentation of my case, if necessary?


Hiring an attorney with the best qualifications is your right. Exercise it wisely because it may be one of the most important decisions you will ever make.

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