Pursuing a personal injury lawsuit can be stressful. It is not uncommon to become frustrated with the lack of control over your lawsuit and the legal process.
This stress and frustration may be even stronger for individuals who have suffered a catastrophic injury, such as a brain injury or spinal cord injury, and whose level of mental and/or physical capacity has been limited or impaired by their injuries. Such individuals deserve individualized attention, and it is important for personal injury lawyers to ensure these clients understand the details of their lawsuit without overwhelming or distracting from the individual's medical recovery.
Brain injury lawyers and spinal cord injury lawyers should spend time explaining the legal process and the areas where a client has control, and work with their clients to minimize the stress involved in the lawsuit. This will ensure brain injury victims and spinal cord injury victims are able to focus on their medical recovery while you work to obtain their full and fair compensation for their injuries.
As catastrophic personal injury lawyers with decades of experience, our firm has had the privilege of helping and working with many individuals who have suffered a brain injury or spinal cord injury. Below, we will discuss and explain some of the common steps in a legal proceeding and provide tips for law firms working with individuals who have suffered a brain injury or spinal cord injury.
The Early Stages of Litigation
From the outset, personal injury lawyers should begin by listening to what their client has to say and ask questions to gain a full understanding of the individual's situation. Just as the facts of every case are different, every client has a unique situation that you must try to understand and appreciate. In other words, personal injury lawyers should understand the individual client as a person, as well as their legal case.
The early stage of litigation is also the time when any capacity issues should be addressed. If a client's mental capacity has been impaired or limited by their injuries, it may be necessary to appoint a Litigation Guardian to assist with their lawsuit. If the need for a Litigation Guardian is established, a personal injury lawyer should discuss with the client who the right person for the role is. It is important for the Litigation Guardian to be someone the client is comfortable with and who the client trusts.
Drafting the Statement of Claim
The issuing of a Statement of Claim commences a lawsuit. In general terms, the Statement of Claim lays out the allegations against a Defendant for causing the client's injuries. The Statement of Claim will indicate who was involved, when and where the incident took place, what happened, and the injuries the client suffered as a result.
At this stage, a brain injury lawyer or spinal cord injury lawyer must take every step necessary to gather as much information as possible. This includes meetings with the client, speaking to witnesses, and in some cases, hiring an expert to provide a professional opinion on the case. It is important to start the legal process on the proper footing to ensure your client has the best chance of success.
Criminal Process (if applicable)
Depending on the circumstances of a case, there may also be criminal proceedings commenced as a result of the incident. For example, a negligent driver may be criminally charged under the Criminal Code or the Highway Traffic Act. Personal injury lawyers should follow the criminal proceedings and have someone from their office attend to take notes where available.
Catastrophic personal injury lawyers should also explain to their clients that they may have a role in the criminal process. In some cases, clients may wish to provide a victim impact statement or attend the proceedings. These situations can cause stress and discomfort to clients. A personal injury lawyer should explain the options to their client, and ensure they understand they have the support they need and deserve during this difficult time.
Witness Evidence
One part of advancing a civil lawsuit includes collecting evidence from witnesses. There are generally two types of witnesses: liability witnesses and damages witnesses.
The names and contact information of liability witnesses (those who witnessed the subject incident) may be learned from police reports. In some situations, witnesses may provide their information directly to the client. A personal injury should ensure they locate all potential witnesses to an incident and contact them for a statement.
The names and contact information of damages witnesses will typically come from the client. A damages witness should be someone who has a personal or professional relationship with the client, such as a family member, spouse, friend, or employer. These witnesses will be able to provide details as to how the injuries have impacted the client's life. A personal injury lawyer should always confirm with the client that it is okay to reach out to a damages witness before doing so.
Clients may feel uncomfortable asking their friends and family to speak with their personal injury lawyer. It is important to explain why this evidence is necessary and to assure clients that their family members and friends will want to do everything they can to assist them in the legal process.
Expert Evidence
Experts play an integral role in lawsuits. They provide knowledge and opinions beyond the scope of lawyers and judges and offer valuable assistance to the legal process. Some experts, like collision reconstructionists, will have no interaction with clients.
Other experts, such as medical or future care experts, will want to interview and assess a client before providing their expert opinion. In these circumstances, a personal injury lawyer should explain the particular expert's role in their case and the importance of providing the expert with a full and accurate account of events. Clients should feel comfortable speaking with the expert and providing personal information.
Settlement
In the majority of cases, the lawsuit reaches a settlement before a trial is necessary. When discussing settlement, personal injury lawyers should be in constant contact with their client and seek instruction. It is also important to understand and explain the strengths and weaknesses of a client's case.
In catastrophic injury cases, the client may require a significant amount of care for their future, or they may no longer be able to work. Personal injury lawyers need to be prepared to take these cases to trial if fair and full compensation is not being offered to their client. Cases should only be settled when it is in the best interests of the client.
Court Proceedings
Throughout a lawsuit, and even before trial, there will be various court proceedings that a client may attend. In some instances, a client must attend. Personal injury lawyers should advise clients of every court proceeding, even where only the lawyer is needed to attend. This will ensure that clients know what is happening in their case and do not feel out of control of the process. Lawyers should regularly update their clients and seek feedback and instruction.
When a client is required to attend court, they should be well prepared for what to expect so that they can be comfortable and relaxed. Even routine appearances at court can be intimidating and stressful for individuals who have never attended before. Personal injury lawyers need to be patient and supportive. If a case does proceed to trial, extra time will need to be devoted to preparing clients to ensure they have the best experience possible.
Conclusion
Catastrophic injury litigation comes with an additional responsibility on personal injury lawyers to look out for the interests of their client, beyond just their legal interests. Individuals who have suffered a brain injury or spinal cord injury often face immense difficulty and stressors unrelated to their lawsuit. As their personal injury lawyer, it is your job to ensure they are comfortable, informed, and in the position to receive fair and full compensation for their injuries. If you or a loved one have suffered a brain injury or spinal cord injury, contact one of our experienced catastrophic injury lawyers for a free consultation to discuss your options.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
