How do you decide whether to take my brain injury case?

I have certain criteria that help me decide whether to take a personal injury case.  Here are some of the most important questions I ask when making this decision in a mild traumatic brain injury case:

  • Does the potential client have an unresolved, symptomatic mild traumatic brain injury, and is this injury supported by the potential client’s medical records?  In other words, will a doctor who has examined and treated the potential client be able to testify that the person has a brain injury?
  • Does the potential client have friends, family members, co-workers, or doctors who have observed the plaintiff and who are willing and able to come to court and to the jury that there has been a notable change in the plaintiff since the accident?
  • Was the brain injury caused by an accident, and can it be successfully demonstrated to the jury how the injury was caused by the accident?
  • Who is the potential defendant, and does that defendant have sufficient assets or insurance coverage to satisfy a significant judgment for money damages in the case?
  • Who caused the accident, and was that person negligent?  If the potential client was partly to blame for the accident, this is a problem because Virginia law would bar the injured person from recovering any money from the potential defendant, even if the defendant was also negligent.
Kevin W. Mottley
Kevin W. Mottley, Richmond, VA trial lawyer dedicated to handling brain and other serious injury claims