How choosing the right solicitor can make a difference in brain injury claims

Philip Coulthurst
Philip Coulthurst
Philip Coulthurst, Head of Serious Injury at CFG Law, outlines how choosing the right solicitor can make all the difference when helping children and their families who are learning to live with a brain injury.
The main concerns for the family after their child has had a serious brain injury are most importantly about their child’s immediate needs and recovery. The process of making a claim with the right solicitor should allow for an absolute focus on early assessment and treatment to ensure your child gets the best outcome in terms of their recovery and overall wellbeing. When choosing a solicitor, there are some questions you should ask before making a decision and starting your claim.

Questions to ask when choosing a solicitor

  • Does the firm have experience of serious brain injury cases, particularly those involving children?
  • What experience does the solicitor have in complex claims?
  • Will they visit you at home?
  • How are the personal skills of the team? Are they compassionate? Do they listen to you and your child’s needs? Do you and your child feel comfortable with them?
  • What is their approach to early rehabilitation and support? Do they take a holistic approach?
  • How often do they keep in touch?
  • Do they do what they say they're going to do and in a timely manner?
  • Do they help you remember what's been agreed?
  • Do they explain things in words you can understand?
  • How easily can you contact them?
  • Are they recommended by the Legal 500? What other accreditations do they have to demonstrate their experience?
  • Do they have links with other brain charities?
It is important you make sure your solicitor has the experience and knowledge to deal with brain injury claims, and understands the importance of early intervention and treatment. You need to be satisfied that your solicitor will ensure your child receives access to the best possible treatment, rehabilitation and support at the earliest stage, to provide for the best chance of maximum level of recovery. Their absolute focus should be on early recovery and they should be happy to take things in to their own hands, to arrange any treatment and support for you and your family as quickly as possible. Here is some further guidance which will help you with your choice and ongoing review to ensure you and your child are comfortable with your solicitor.
  • It is important that you meet with the individual solicitor who will be dealing with your child’s claim as soon as possible, so that they can discuss with you in detail their approach to early assessment and rehabilitation and in particular, how they can help support you and your child through this challenging time ahead.
  • Specific questions should be asked of the solicitor about their plans and focus over the next few weeks, then the next few months and so on.
  • The solicitor should be very much focused on the immediate needs of your child and your family and helping with access to support, treatment, rehabilitation and care. They can only do that if they engage and communicate with you to find out what those needs are. If you ever feel that they are not being listened to or are not at the centre of the decision making, then this should be a cause for concern.
In the early stages, this focus will involve liaising with the doctors and health professionals providing the early care and treatment for your child. The solicitor should then put together a multi-disciplinary team to assess and develop a bespoke care, treatment and support package.
  • If the focus is just upon the claim and dealing with liability (fault) then you have to ask whether this is the best solicitor for you and your family. Winning the claim is important, but the most important factor is to identify what is most important to you and your child.
After a serious brain injury, using the right solicitor can make all the difference. In serious injury claims, in particular, it is clear to everyone that early intervention in the treatment of an injured child is absolutely vital and solicitors should focus on this. Remember, when choosing a solicitor, ensure you choose someone who can demonstrate experience in serious brain injury claims and most importantly, demonstrate a proactive approach to early rehabilitation and a commitment to finding early solutions to provide your child with the best quality of life possible. For more information you can get in touch with CFG law thourgh their website here.  
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