Many if not most brain injury cases are settled out of court either through a mediation or negotiation. In some states arbitration, which is similar to a hearing with a judge, will also decide the outcome of the case. Ask your attorney about their success rate in settlement both in and out of the courtroom.
A brain injury attorney may work with the family to establish guardianship or a Power of Attorney for the appropriate family member. This person then would be responsible for making decisions for the injured person through the legal process.
Traumatic brain injury is usually lifelong and while there are some improvements in cognitive functioning most patients will need ongoing support and even rehabilitation services. Ensuring that the settlement amount will cover all these costs and expenses is part of the advice and experience that the attorney can bring to the process.
