March 2002 Article
Originally published in The Lawyers Weekly
March 2002
Used with permission.
By: Todd Reybroek
Personal Injury Law Practice Involves Team of Associate Experts
The practice of personal injury law in 2002 involves a complex set of skills that reach beyond legal knowledge and expertise. A personal injury lawyer is responsible for assessing client needs, and arguing or negotiating an equitable settlement. People who have been injured also look to counsel for empathy in their plight, as well as relief from conditions resulting from their injuries. Today's personal injury lawyer will likely involve a professional group of "associate experts" to return their clients to health and restore their financial security. You might be surprised to find out who can be found on the team of qualified professionals working on an injured client's behalf.
Holistic Approach
Debilitating and life-altering injuries happen every day. People are injured in traffic accidents, at work, or during periods of recreation. With the attendant challenges such injuries bring to an individual's life, accepting the reality of life-changing injury is difficult for most people. While traditional medical remedies can often address issues ranging from physiotherapy to pain management, personal injury lawyers also need to be aware that there may be other important concerns related to emotional and financial well-being. A father who has always supported his family may be unable to continue in his profession after a serious injury. He now faces real issues involving his pride and future financial security, whether for retirement, or to support and educate his dependent children. In a case such as this it is prudent to take a holistic approach to the practice of personal injury law, involving psychiatric care and an expert in financial management.
Associate Experts: More than a GP
Understanding the needs of an injured client and assessing those needs are different disciplines. Some clients will undermine their injuries in order to return to work because they fear the financial ramifications of losing their jobs and income. While a general practitioner can assist counsel in determining the extent of some injuries, they are not the only experts available to personal injury lawyers. Psychological damage might require a board-certified psychologist. Emotional issues resulting from the injury could require the long-term care of a psychiatrist. Similarly, a chartered accountant will assist counsel in determining future income requirements and what costs the injured person can expect over time. Some injuries will increase in scope as time progresses, and future care costs will need to be determined. An occupational therapist can assist an injured worker with retraining in a new career, if the individual cannot return to a previous career due to their injury. These "associate experts" become important members of any personal injury lawyer's practice, called upon to offer advice and expertise for individual cases.
Pain and Care are Personal
Pain is always a very personal experience. No one but the injured party can fully understand what pain feels like, how it impacts their quality of life, or what pain does to their emotional balance. Because of this very personal nature of pain, some associate experts will fall outside the role of the traditional family doctor. Clients who strongly believe in acupuncture therapy, or any other alternative discipline, want and deserve to see such a practitioner. Understanding the value of various practitioners and their disciplines translates into a lawyer who has a good working relationship with a chiropractor, for example, or a doctor of naturopathic medicine. What is important is to accept that the injured client has faith in these treatments, and considers them necessary to recovery.
Culturally Sensitive Care
As Canadian society has changed so to has the availability and acceptance of alternative forms of therapy. Personal injury lawyers need to not only include a holistic approach to their team of associate experts, but they must consider any culturally sensitive issues that might be important to their clients. Personal injury lawyers in many urban centres can easily include a practitioner of Chinese medicine, or other culturally appropriate care provider, on their roster of associate experts. Culturally sensitive considerations can range from the obvious-an ability to converse with the injured party in a language other than English-to an unspoken reluctance to discuss medical issues with someone outside of their family or community. Failing to grasp these important issues is to present clients with a deficit that can negatively impact their case and, ultimately, their care and rehabilitation.
Credentials Count
Recognized credentials support the value of associate experts. Government bodies regulate physicians and many other health care providers, but the issue can be less clear for many therapies. Many disciplines self regulate, providing governing bodies and professional codes of ethics for member practitioners to follow. Counsel must ensure that associate experts meet the professional and ethical guidelines of their respective fields. The goal is to leverage therapies that will assist with an injured client's return to health and financial security. It is not only so-called alternative therapy practitioners who require solid credentials. The difference might be between a family physician and a neurologist, or between a chartered accountant and a bookkeeper. All are qualified professionals, but the level of skill and expertise is different. The same standards apply for a registered massage therapist and a doctor of naturopathic medicine. A lack of credentials from a recognized governing body should instantly exclude the individual from any role as an associate expert.
About the author: Todd A. Reybroek, LL.B., practices personal injury law in Toronto. He can be reached at TReybroek@reybroek.com or at his office directly at 416-780-1413.
