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2277 Highway 36 West, Suite 200 Roseville, MN 55113-3830
Phone: 612-378-2742
Toll Free: 1-800-669-6442
Fax: 612-378-2789
E-Mail:info@braininjurymn.org
Hours: Monday-Friday, 8 a.m. to 4:30 p.m.

Legal Resources

Kauffman Law FirmLegal issues and questions can be complicated. This section is intended to guide you on the journey of finding competent and appropriate legal representation.

Why Do You Want a Lawyer?

Lawyers can assist you with:

  • Securing maximum benefits from insurance policies
  • Determining eligibility for, securing and maintaining government benefits
  • Obtaining a settlement from the person or company responsible for the brain injury
  • Ending discrimination against a person with a brain injury
  • Estate planning, including trust funds, wills, power of attorney, and legal guardianship
  • Workers compensation

What if You Can't Afford a Lawyer?
In personal injury cases, you have the right and ability to retain competent legal assistance regardless of your economic situation. In Minnesota, you are often able to retain an attorney by using a contingent fee agreement. This means that you do not pay the attorney any money until a successful settlement is reached, in which case the attorney takes a certain percentage of the settlement.

How Do You Pick a Good Lawyer?
Step One: Identify your Issues. The first thing is to remember is that lawyers, like doctors, specialize in their field. For example, an expert in estate planning may not be competent to handle a personal injury case. You should select an attorney with the skills and experience to address your specific legal issues.

Step Two: Interview Lawyers. After you have identified the areas in which you need assistance, find at least three lawyers or law firms that you think can meet your needs. It is your right and responsibility to ask potential lawyers about their background and experience. Questions to ask include

  1. How many cases involving brain injury like mine have you handled? What were the results? A good, experienced attorney should be able to tell you that she or he has successfully handled several cases involving brain injury.
  2. What training have you received involving brain injury cases? Training can come through professional accreditation or Minnesota Brain Injury Alliance events.
  3. What kind of experience do you have interrogating expert witnesses? How would you use expert witnesses in my case? Attorneys can use physical, speech and occupational therapists, psychiatrists, psychologists, neuropsychologists, neurosurgeons, case managers and other professionals as experts to strengthen your case. Experts should be able to prove the future costs of rehabilitative care, loss of earnings and other economic losses for which you may be compensated.
  4. What knowledge do you have of government benefits for persons with brain injury? Can you structure the settlement so that I will not lose eligibility for government benefits? Attorneys should know and be able to explain to you how to keep eligibility for Social Security, Medical Assistance and other government benefits.
  5. Will you provide the names and telephone numbers of three individuals as references who had situations similar to mine? Attorneys should be able to provide references that will vouch for their abilities.

Other Legal Resources
The Minnesota Disability Law Center helps individuals with questions about brain injury and discrimination.Call 612-334-5970 (TDD: 612-332-4668) or 800-292-4150, address mail inquiries to 430 First Avenue North, Suite 300, Minneapolis, MN 55401, or visit www.mndlc.org.

The Minnesota Disability Law Center (MDLC) provides representation for persons with disabilities who live throughout Minnesota. The mission of MDLC is to advance the dignity, self-determination, and equality of individuals with disabilities. MDLC works to promote, expand, and protect the human and legal rights of persons with disabilities through direct legal representation, advocacy, education, and legislative analysis. MDLC pursues administrative and other appropriate remedies to ensure the protection of the rights of persons with disabilities. MDLC seeks to ensure that there is consistency in the range and availability of services for people with disabilities throughout the state.

The Minnesota Department of Human Rights investigates complaints of discrimination and accessibility. Contact the Department by calling 651-296-5663 (TTY: 651-296-1283) or 800-657-3704, or visit www.humanrights.state.mn.us.

The Americans with Disabilities Act (ADA) guarantees that individuals with disabilities receive equal opportunities in employment, public accommodations, transportation, state and local government services, and telecommunications. Click here for more information about the ADA.

The attorneys listed in this guide have paid to advertise in this consumer guide. You are encouraged to interview several candidates before choosing an attorney to represent you.

If you have any further questions about locating and retaining qualified legal assistance, please contact the Minnesota Brain Injury Alliance by calling 612-378-2742 or 800-669-6442.

Continue to the next section, "Long-Term Care."