It can be stressful to pursue a personal injury case. It is common to feel frustrated by the lack of control you have over your lawsuit and the legal proceedings.
Individuals who have suffered a severe injury such as a brain injury and spinal cord injury and are limited in their mental or physical capacity may feel more stressed and frustrated. These individuals are entitled to individual attention. Personal injury lawyers must ensure that they provide the right information for their clients without causing any distractions or overburdening the individual’s medical recovery.
Lawyers for brain injury and spinal cord injuries should take the time to explain the process and areas that a client can control. They should also work with their clients in order to reduce stress and anxiety during litigation. This will allow brain injury victims or spinal cord injury victims to concentrate on their medical recovery, while you work to get them fair and full compensation.
Our firm is a team of catastrophic personal injury lawyers who have decades of experience and have had the honor of working with many people who have been affected by a spinal cord injury or brain injury. We will explain and give tips to law firms that work with people who have suffered a spinal cord injury or brain injury.
The Initial Stages of Litigation
Personal injury lawyers must listen to their clients and ask questions to get a complete understanding of their client’s situation. Every case is unique and every client has its own unique circumstances that you need to be able to appreciate. Personal injury lawyers must understand each client as an individual and their legal case.
Any capacity issues must be addressed at the early stages of litigation. A Litigation Guardian can be appointed to help with a client’s lawsuit if their mental capacity is impaired or limited. A personal injury lawyer should talk to the client about the possibility of a Litigation Guardian. The Litigation Guardian should be someone that the client feels comfortable with, and whom the client can trust.
The Statement of Claim
A lawsuit is initiated when a Statement of Claim is issued. The Statement of Claim, which is generally a list of allegations against a defendant for causing the client’s injuries, outlines the facts. The Statement of Claim will detail who was involved, where and when the incident occurred, what happened and the injuries that the client sustained.
A brain injury lawyer or a spinal cord injury lawyer should take all steps necessary to obtain as much information as possible at this stage. These include meeting with clients, talking to witnesses and, in certain cases, hiring experts to give a professional opinion. To ensure that your client is successful, it is crucial to get the legal process off to the right start.
If applicable, criminal process
The circumstances of each case will determine whether criminal proceedings are initiated. A negligent driver could be charged criminally under the Highway Traffic Act or Criminal Code. The criminal proceedings should be followed by personal injury lawyers. They should also have someone from their office to take notes if necessary.
Catastrophic personal injuries lawyers should explain to clients that they might be involved in the criminal proceedings. Clients may be able to give a victim impact statement, or even attend proceedings in some cases. Clients can feel stressed and uncomfortable in these situations. Personal injury lawyers should be able to explain all options to clients and make sure they are aware of the support available during difficult times.
Witness Evidence
Collecting evidence from witnesses is an important part of civil litigation. There are two types of witnesses: damages witnesses and liability witnesses.
Police reports may include the names and contact information for liability witnesses, those who were present at the incident. Witnesses may give their information to the client in some cases. Personal injury lawyers should contact all witnesses and obtain their statements.
Clients will usually provide the contact information and names of witnesses to damages. The client should identify a damages witness as someone who is in a close personal or professional relationship to the client. This could be a spouse, friend, family member or even a colleague. These witnesses can provide detailed information about how the injuries have affected the client’s lives. Before contacting a damages witness, a personal injury lawyer should confirm with the client that it is acceptable to do so.
Some clients may be uncomfortable asking their family and friends to talk with their personal injury lawyer. It is important to explain the reasons for this evidence to clients and to assure them that family and friends will do their best to help them through the legal process.
Expert Evidence
Experts are an important part of lawsuits. Experts provide valuable advice and knowledge that is beyond the reach of judges and lawyers. Some experts, such as collision reconstructionists will not interact with clients.
Others experts such as future or medical care experts will need to interview the client and evaluate them before giving their expert opinions. A personal injury lawyer should explain to the client the role of the specific expert in their case. It is important that the expert has a complete and accurate account. The client should feel at ease speaking with the expert, and sharing personal information.
Settlement
Most cases settle before trial. Personal injury lawyers should maintain constant contact with their clients and seek advice when discussing settlement. It is important to fully understand the case and its strengths and weaknesses.
Clients with catastrophic injuries may need significant care or may be unable to work due to their condition. If fair and complete compensation is not being offered, personal injury lawyers should be ready to go to court. Only settle cases when it is in the client’s best interest.
Court Proceedings
A client can attend various court proceedings during a lawsuit and even before trial. Sometimes, the client will have to attend. Even if the client is not required to be there, personal injury lawyers should inform them about every court proceeding. Clients will be able to keep track of what’s happening and not feel out of control. Lawyers should update clients regularly and solicit feedback.
Clients who are required to appear in court should be prepared so they feel relaxed and comfortable. For those who have never been to court before, even routine appearances can be stressful and intimidating. Personal injury lawyers must be patient and supportive. Extra time will be needed to prepare clients for trial.
Conclusion
Personal injury lawyers have an additional responsibility to protect the client’s interests in catastrophic injury litigation. People who have suffered a spinal cord injury or brain injury are often faced with immense difficulties and stressors that are not related to the lawsuit. Your job as a personal injury lawyer is to make sure they are informed and comfortable so that they can receive fair and complete compensation for their injuries. Contact one of our catastrophic injury lawyers if you or someone you love has suffered a brain injury.
