Catastrophic Injury Litigation: What You Need to Know

Initial Client Consultation

From the beginning, personal injury lawyers should focus on actively listening to their clients and asking questions to fully grasp the specifics of their situation. Since each case is unique, it’s essential to understand both the client's personal circumstances and the legal aspects of their case. Building this foundational understanding helps in providing tailored legal representation.

Additionally, early in the litigation process, any potential capacity issues should be addressed. If a client’s mental capacity has been impacted by their injuries, a Litigation Guardian may need to be appointed to assist with the case. In such instances, the lawyer should work with the client to select a suitable Litigation Guardian—someone the client trusts and feels comfortable with.

Drafting the Statement of Claim

The lawsuit officially begins with the issuance of a Statement of Claim, which outlines the client’s allegations against the defendant for causing their injuries. This document details who was involved, when and where the incident occurred, what happened, and the resulting injuries.

At this stage, a personal injury lawyer should gather all relevant information by meeting with the client, interviewing witnesses, and, if necessary, engaging experts to provide professional opinions on the case. A comprehensive approach here sets a strong foundation for pursuing the claim.

Navigating Potential Criminal Proceedings

In certain cases, criminal proceedings may arise from the incident. For example, if a negligent driver caused the injury, they may face charges under the Criminal Code or the Highway Traffic Act. Personal injury lawyers should monitor these proceedings closely.

Additionally, clients may have the option to participate in the criminal process, such as by providing a victim impact statement. Lawyers should inform clients of their rights and offer support throughout this potentially stressful experience.

Gathering Witness Testimony

An essential part of building a case involves collecting witness evidence. Generally, there are two types of witnesses: liability witnesses, who observed the incident, and damages witnesses, who can speak to how the injuries have affected the client’s life.

Liability witness information can often be obtained from police reports, while damages witnesses are typically identified by the client. Damaged witnesses may include family members, friends, or employers who can testify to the client’s experience post-injury. Lawyers should communicate with clients about the importance of this evidence and ensure the client consents to contacting these individuals.

Utilizing Expert Testimony

Experts are critical to personal injury cases, providing specialized knowledge that aids the legal process. For example, collision reconstructionists may offer insights into how an accident occurred, while medical experts might assess and document the extent of a client’s injuries.

When experts need to interact directly with clients, lawyers should clarify the expert’s role and explain the importance of sharing accurate and complete information. This helps clients feel more comfortable and prepared for these assessments.

Negotiating Settlements

In most cases, personal injury lawsuits conclude with a settlement rather than a trial. During settlement discussions, lawyers should maintain close communication with the client, providing clear explanations of the case’s strengths and weaknesses and seeking the client’s input throughout the process.

In cases involving catastrophic injuries, clients may require substantial long-term care or may be unable to return to work. In such instances, lawyers must be prepared to proceed to trial if a fair settlement isn’t offered, ensuring that the client receives the compensation they deserve. Settlements should only be accepted when they align with the client’s best interests.

Importance of Trial Experience in a Lawyer 

Knowing the importance of trial experience is important. Many personal injury lawyers imply that they have it when they don’t. They may state that they “appear” at various court levels, but that doesn’t mean they went to trial. They may say they “fight” or that they are “tough,” but if they have never gone to trial for their clients in the past, what exactly did they fight, and just how tough are they?

We believe deciding who represents you should be as well.

Preparing for Court Proceedings

Throughout the litigation, various court proceedings may occur. Even if the client’s presence is not required, lawyers should inform them of each step to keep them engaged and informed about their case. Regular updates ensure clients feel in control of the process and fully understand what’s happening.

When a client does need to attend court, it’s important to prepare them so they feel comfortable and confident. Court appearances can be intimidating for those unfamiliar with the process, so personal injury lawyers should provide support and guidance to help ease any anxiety. In cases that proceed to trial, thorough preparation is essential to provide the client with the best possible experience and outcome.

Brain Injury Lawyer Toronto

In catastrophic injury cases, personal injury lawyers have an added responsibility to advocate for their clients’ well-being, beyond their legal interests alone. Those who have sustained a brain or spinal cord injury often encounter overwhelming challenges and stressors unrelated to the legal process. As their lawyer, it’s essential to ensure that clients feel comfortable, well-informed, and fully supported as they seek fair and comprehensive compensation for their injuries.

**Please note that the contents of this blog should not be relied upon as legal advice or medical advice, but only for information and reference purposes. You should always follow the advice of your doctors and treatment providers with respect to your diagnoses and what health and medical steps you should take to best recover. If you wish to obtain legal advice, please contact our office and arrange for a free consultation with one of our lawyers.**