Lawyer Monthly Magazine August 2020 Edition

How does an Expert Opinion impact upon such cases? I work on catastrophic cases of Spinal Injury and Brain Injury - these are significant and life-changing episodes in a person’s life, where their life will never be the same again. It is the role of the Expert to assess each individual, the extent, and consequences of their injuries upon their ability to function and participate in life and form the outline of their needs for the rest of their life. This has to be a team effort, as the team of experts, which can be many in some cases, have their own clinical views but collaboratively, they bring together a wealth of knowledge that the clients and the Courts will use to help map out the future. It is not without sadness at times, in that a client will see the less positive sides of their life, (in term of life expectancy and other factors that will impact upon them). However, it is key that the experts who are approached to take on this role do so in a sensitive manner, providing guidance that is primarily for the Court, as well as documents that the client can refer to for the rest of their life. What impact can an injury that requires physiotherapy have upon some one’s life? How should this shape the outcome of a legal case? As Expert Physiotherapist, I have assessed some extremely challenging cases with significant loss of movement, sensation, and function, and then, on the other hand, those with no neurology complications, but significant levels of pain that have an equal impact upon function. What I have learnt over the years, is that the same amount of tolerance and understanding must be given to those extremes of disability - as so many people have different views of disability, tolerance, and application. No two reports will ever be the same - they might have the same headings, but the narrative and impact can vary so widely. In my reports, I not only refer to the physical impact upon the clients and their physical needs, but I have also recognised how my assessment has been of help to other experts, to assist with care and equipment guidance, in particular. Does the outcome often reflect the person’s needs? If not, what needs to change? I believe that the success of the claim for the client comes from using the right legal team to lead the process, supported by the correct/best case manager and rehab team for the role. I do encounter some solicitors who are “in beyond their depth” and do not share that with their clients. In practical terms, as a case manager and treating physiotherapist, I do see how cases progress after settlement (both for the positive and the less so). Clients who can move from litigation to post settlement may find it a challenge - where they may see the insurers/defence team as the enemy and will focus their emotions on this which can result in one major emotion: anger. What they do find challenging is that life does not change after settlement, and there is no one to vent their anger upon and that feeling of relief that the case is over is soon taken over by the reality of other challenges, i.e. how to make the funds last. When working with more established legal teams, there is a better transition but this is not necessarily the case with teams who have limited experience as clients can feel they are left high and dry. What common challenges do you face when undergoing a client assessment. How do you overcome them? I think the biggest challenge is to establish a good rapport with a client which will form a solid basis for good communication and smooth running. It is harder if the client 73 AUG 2020 | WWW.LAWYER-MONTHLY.COM EXPERT WITNESS has had a poor experience with another Expert. I do find that personally I get on well with people, and so the assessment does run well. Perhaps the hardest part is when you are meeting a client who lives in the middle of nowhere, the postcode drops you in the middle of a field and you have no reception on your phone. I have a few strange stories to tell on that front. Good preparation is key; know your client’s name, family members and not to get lost in your papers, but to focus on them and of course, that includes silencing your phone. Over the COVID period, use of virtual platforms has been used to aid at least the subjective part of the assessment. However, in terms of physical examination - that has proven tobedifficult. I amtrying a new method, using the client’s supporting staff and treating physiotherapist to demonstrate the movements I request, however, these reports will then require follow up assessments as I cannot rely upon the clinical skills of those people, and the other qualitative detail that my skill and expertise will draw out. It will be good to be back on the road. My Mottos: We are only as good as the last person we bring with us. - Never ask anyone to do something you would not do yourself. “ Good preparation is key; know your client’s name, family members and not to get lost in your papers, but to focus on them and of course, that includes silencing your phone. “