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A Miami Attorney’s Obligations When a Client Has a Traumatic Brain Injury


A man holding his bandaged head in pain after having being diagnosed with a brain injury.

Lawyers are bound by certain ethical obligations when they interact with their clients. Some of these include working to achieve a resolution that protects their client’s best interests and not promising a specific outcome. When a lawyer works with a client who has suffered a traumatic brain injury, it raises questions about a lawyer’s legal and ethical obligations.

If you or a loved one has suffered a traumatic brain injury in Miami, a lawyer can help you recover the compensation you deserve. Understanding a lawyer’s obligations in this situation helps clients and their loved ones identify that a lawyer has their best interests at heart.

How a Traumatic Brain Injury Impacts the Lawyer-Client Relationship

Traumatic brain injury (TBI) is common. Personal injury lawyers often handle cases that involve helping clients recover compensation after suffering this type of injury. However, the impact of traumatic brain injury (TBI) varies by individual. It can be difficult for a client to navigate the process of seeking brain injury compensation.

A client living with a TBI may experience a variety of symptoms. Some of the most common include:

  • Memory loss
  • Forgetfulness
  • Difficulty with logical thinking
  • Issues with decision-making
  • Impulse control

A lawyer’s job is to explain a client’s options and the possible outcomes. When a client struggles to recall past conversations or think logically about the long-term impact of their legal choices, it raises ethical questions about how a lawyer should proceed.

If a client’s ability to make sound decisions about finances and legal proceedings is compromised due to the injury, a lawyer might not be in the right to do whatever the client is asking.

A Lawyer’s Obligations When a Client Has a TBI

Representing a client with a traumatic brain injury places certain legal obligations on an attorney. One primary question lies at the center of this type of lawyer-client relationship: does the client have the capacity to make their own decisions?

A lawyer’s primary obligation is to ensure that their client meets the legal and ethical criteria for making these choices. From there, a client with a brain injury has all the same rights as any other client — but a lawyer might need to make certain accommodations to ensure a client gets the representation they deserve.

In such cases, a lawyer has the following responsibilities:

Determine Mental Capacity

When a potential new client has suffered a brain injury, a lawyer’s first job is to ascertain whether they are mentally fit to make their own decisions. A lawyer is ethically obligated to consider the client’s injuries and take appropriate action.

Ignoring brain injuries that impact a client’s ability to make choices in their own best interests is an ethical violation on the part of a lawyer.

An attorney may need to assess the client’s ability to think logically and recall events and conversations. When a lawyer doubts a client’s mental capacity, they may work with a doctor to get a medical professional’s opinion.

Take Protective Action

A lawyer has the responsibility to protect the client they are representing.

If a lawyer assesses that a client with a brain injury is mentally sound and capable of making their own choices, protective action simply means protecting the client by acting in their best interests. As in any case, this would mean working to build a case that achieves the desired outcome for the client.

Protective action can be far more complicated if a lawyer believes the client does not exhibit sound mental capacity. In most cases, taking protective action would entail working with the client, the client’s family members, or the court to designate a legal guardian or power of attorney.

Strive for Normalcy

Regardless of a client’s mental capacity, a lawyer must strive for normalcy in the relationship. Treating a client with respect, communicating fully, and fighting for the case outcome they deserve all fall under the concept of normalcy in an attorney-client relationship.

A mentally sound client may still struggle with the effects of a brain injury. It’s a lawyer’s responsibility to accommodate a client’s needs. This may involve summarizing past conversations or taking the time to help a client fully understand legal options and possible ramifications.

Speak with a Miami Brain Injury Attorney Today

The experienced brain injury attorneys at Schrier Law Group understand deeply the ethical obligation to fully accommodate a client’s needs after a brain injury. We always strive for courtesy, professionalism, compassion, and effective communication.

Contact Schrier Law Group today to schedule a free consultation with an experienced Miami brain injury attorney.

Read Our Reviews

Schrier Law Group is rated 5 out of 5.0 stars based on 22 review(s).


My name is David and I’ve been represented by mr. Schrier law firm twice in my life and I got nothing more then good things to say about them they are very professional and they really Take their clients I really recommend them every time I called them they were always there for me especially the attorney he’s very professional and he got me the money did I deserve by representing me and fighting for me I will use their services again them no questions asked if I ever need them to me they are the best God bless them all

David Cuello


The firm is super professional and handled my husbands vas amazingly. I should refer them to some in need of an attitude.

Isabel Sabrina De Ramirez


The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

Marika Ford


Shrier Law Group extremely thorough. A really caring Law Firm. My previous lawyer sat on my case for 2 years did nothing with it by chance came across Mr Paul schreier firm and explaining my case he noticed I was not hopeful but he was able to encoirage me and was able to resolve my case within a year I'm so grateful for Mr Paul Schrier and Mrs Chatrice. They go above and beyond. 20⭐

West Jean


I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

Gerard Avalos


The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

Mr K


Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

David Kuczenski


I was involved in an auto accident in January 2016. We decided to contact Paul K. Schrier, PLLC for legal advice. He never got annoyed with me calling to ask questions, which was quite often. We have finally reached the final stages of this case, which they handled very well, and have come to a settlement. I highly recommend the Florida personal injury attorneys at The Law Offices of Paul K. Schrier, PLLC, especially Paul K. Schrier to any one who needs a personal injury attorney. Thank you very much Paul for everything you have done do me.

Martin Tyler


I called to ask some question about a car accident I was in. I spoke to Paul who was very helpful, honest and professional. It seems that he really care about clients. I appreciate all that Paul did and would certainly recommend to anyone who needs an attorney.

Mark Anderson


Best attorney around , I went through a lot of different ones before finding his law firm very professional and they make sure you get paid what you deserve, highly recommend.

Braulio Duran


Thank Paul for everything your personal injury law firm has done for my case as well as my daughter. Thanks for all the hard work and attention. Thanks again!

Maria Jaz


This is one of the best law office in Miami come in and check them out great people

Rowdy Martinez


Best attorney in South Florida

Fefe Alex


Was a wonderful experience getting through a tough process!

Edward Pawley


Both my wife and I feel grateful for the treatment and the professionalism of the staff. Maritza is great doing her job. It is the second time that I request your services and we are pleased and grateful. Many blessings to this Law Firm

Reynier Perez


Awesome wonderful patient Intelligent thoughtful Paul is the best

Theresa Caprice Caprioli


Thank you so much for going above and beyond what I had ever anticipated. It was truly a pleasure to work with you all, especially Chatrice. I will most definitely refer The Schrier Law Group to my family and friends.

Cat Breen


The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

Michaela Davis


Mr. Paul Schrier is by far the best attorney for the job! He is very responsive, knowledgeable, and very efficient. Despite my very busy schedule, he kept me informed throughout the process. I am very please with the outcome of my case. The customer service I received from the entire team has been amazing! Thank you all so much!

Ms. Jean


Not only did I get a phenomenal attorney to represent me in my case, but I also got a step by step education on how the legal process actually worked. I was encouraged to ask questions and be an informed client. I was never treated like a case. I truly felt like the advice and recommendations he gave to me would have been the same he would have pursued if he were the client. That was important to me. I needed to work with an attorney I could trust with my best interest in mind...and that is what I got with Paul Schrier.

Juan Rodriquez


Schrier Law Group is the best.

Chatrice Telfort


Great job! I loved working with Paul.