Written by John Kluksdal. Read more about the author.
A free consultation with a TBI attorney is not a formality. It is your best chance to figure out whether this lawyer actually understands your injury, knows Idaho law, and has handled cases like yours before. Most people walk in unprepared and walk out without enough information to make a good decision. I have seen it happen often enough that I want to give you a practical list of questions — and explain what good answers actually look like.
At Kluksdal Law | Boise Personal Injury Attorney, I work with people across Idaho who have suffered serious brain injuries from car crashes, falls, workplace accidents, and other events. The consultation is where we both decide if we are the right fit. These questions work for any attorney you meet with, including me.
What Questions Should I Ask a TBI Attorney During a Free Consultation in Boise?
Start with these, in roughly this order.
How many TBI cases have you handled, and how recently? Brain injury claims are not standard personal injury work. A lawyer who handles one or two a decade is not the same as one who handles them regularly. You want someone who knows the difference between a concussion with a short recovery and a diffuse axonal injury that changes a person’s life permanently. Ask for specifics — not a rough estimate.
Do you work with neurologists, neuropsychologists, and life-care planners? The CDC reports that traumatic brain injuries contribute to roughly 214,000 hospitalizations annually in the United States. The full cost of a serious TBI — lost income, long-term care, cognitive therapy, medication — can stretch into the millions. An attorney who cannot build a case around qualified medical experts will leave money on the table. In my practice, I rely on neuropsychological evaluations to document the deficits that do not show up on a standard MRI. Insurance adjusters will discount soft evidence. Expert reports carry weight.
What is the statute of limitations for my specific situation? Under Idaho Code § 5-219, most personal injury claims must be filed within two years of the injury date. But there are exceptions — claims against government entities under Idaho’s tort claims act have a 180-day notice requirement that can catch people completely off guard. If your injury happened on state property, at a public school, or involved a city vehicle, that clock starts ticking immediately. A Boise attorney should flag this for you in the first meeting without you having to ask.
How do you value a TBI claim? Listen carefully here. A thoughtful answer will cover economic damages — medical bills past and future, lost wages, reduced earning capacity — and non-economic damages like pain, cognitive changes, and loss of enjoyment of life. Idaho does not cap non-economic damages in most personal injury cases, which matters significantly for serious TBI claims. If the attorney throws out a dollar figure without asking about your diagnosis, your job history, your age, and your treatment plan, that is a red flag.
Will you handle my case personally, or will it go to an associate? This is a question many people feel uncomfortable asking, but it matters. Some firms bring you in for the consultation and then hand your file to a junior attorney you have never met. Find out upfront who will be your primary contact and who will appear at hearings or trial if it gets there.
What is your fee structure, and are there any costs I should know about? Most TBI attorneys work on contingency — they take a percentage of the recovery, typically 33% to 40%, and you pay nothing upfront. But ask about case expenses. Court filing fees, expert witness fees, and medical record costs can add up. Find out whether those come out of your portion of the settlement or whether the firm advances them and deducts them separately.
Have you taken TBI cases to trial in Idaho? Settlement is the most common outcome, but not every case settles. If an insurance company knows your attorney never goes to trial, they have less incentive to offer a fair number. According to FindLaw, a lawyer’s trial record and willingness to litigate directly affects how insurers approach negotiations. Ask whether the attorney has tried TBI cases specifically, not just personal injury cases in general.
What challenges do you see in my case? A good attorney will be honest about weaknesses, not just optimistic about outcomes. Maybe there is a comparative fault issue — Idaho follows a modified comparative negligence rule, meaning your recovery is reduced by your percentage of fault and eliminated entirely if you are 50% or more at fault. Maybe the medical records have a gap in treatment. You want an attorney who identifies these issues early rather than surprises you later.
Why the Consultation Itself Tells You a Lot?
Pay attention to how the attorney listens. Do they ask follow-up questions about your symptoms, your daily life, and how the injury has affected your work? Or do they move quickly to settlement timelines and fees? Brain injury cases require patience. The Mayo Clinic notes that TBI symptoms can take weeks or months to fully present, and premature settlement before the full picture is clear often leaves injured people undercompensated.
I always ask new clients to describe a typical day before the injury versus after. That contrast is often more revealing than any test result, and it becomes a foundation for how we document and present the case.
One More Thing About Idaho Law
If your TBI resulted from a truck accident on I-84, a bicycle crash near the Boise River Greenbelt, or a slip and fall at a commercial property, the type of defendant matters. Claims against trucking companies involve federal motor carrier regulations. Claims against a property owner involve premises liability standards. Each path has different evidence requirements and different insurance policy structures. The attorney you hire should be able to explain how Idaho law applies to your specific facts, not just speak in generalities about TBI cases.
You can read more about our results for past clients and get a sense of the types of cases we have handled across Idaho.
If you or someone in your family suffered a serious brain injury and you have questions about what comes next, I am glad to talk through the details at no cost. Call our Boise office at (208) 996-8180, contact us online, or stop by in person at 350 N 9th St Ste 500, Boise, ID 83702. Kluksdal Law | Boise Personal Injury Attorney represents clients throughout Idaho, and the consultation is always free.
