Suffering a traumatic brain or spinal cord injury is among the worst traumas one can face.
Catherine Shearer is a personal injury lawyer at McKenzie Lake Lawyers in Guelph. She says “Victims and their families are often in a state of shock for some time after the incident. They cling to hope that the disabilities are only temporary. People think they’ve got this, but they don’t. They’re very thankful that their loved one survived, but then reality sinks in when they’re told the injuries are permanent.”
Important decisions need to be made
Weeks, possibly months could be spent in hospital. When your loved one does come home, round-the-clock care may be needed. Shearer says, “Decisions must be made as to who will provide that care and how costs will be covered. That’s why it’s important to speak to a personal injury lawyer as soon as possible.”
Days filled with rehab and medical appointments can be exhausting. Shearer says, “There is a lot of healing that family members must do as well. A lawyer can help create space for that healing by taking on the burden of dealing with insurers.”
You cannot weather this storm alone
You will experience an array of emotions including frustration, anger, sadness, and love. There will be tears, losses, and victories.
Shearer advises, “You cannot navigate this crisis alone, and a lawyer can help to get the right supports in place from the beginning.” A lawyer can assist almost immediately by ensuring the stack of paperwork is completed accurately. It takes an added burden off the family."
When your loved one comes home from the hospital a discharge team should be in place. Shearer points out, “A person can suffer further injuries at home or simply not be able to get around at home, and without proper support families can be set up for failure.”
Family members should know there are support groups, counsellors, and other services available, the cost of which is often covered by insurance.
Covering the costs of care
Shearer says, “There are different types of insurance benefits available depending on the injury and the individual."
- In a car accident there will be no-fault coverage and the potential for a lawsuit
- Short and long-term benefits may be available
- WSIB is a possibility if the injury happened at work.
- At times you can pursue a third-party claim
Shearer stresses, “It’s so important to speak to a lawyer immediately, because navigating these legal issues on your own will be overwhelming.
It won’t happen to me
Everyone thinks that a traumatic injury won’t happen to them. Shearer says, “We know that traumatic injuries do happen and that’s why people should understand what to expect if it does, because initially there’s going to be a significant level of shock.”
Life as you knew it will be gone and may not come back. There’s going to be an adjustment period for everyone and having support in place is essential.
Power of Attorney
Power of attorney, a legal document establishing that you have given someone else the ability to make legal decisions on your behalf is something most people don’t think about until they need it.
Without a POA it may be difficult to make important decisions such as completing the paperwork for benefits or instructing legal counsel. Having a Guardian of Property and Care appointed by the court could take months. “It can be a hassle at a very stressful time but something that can avoided with a will and power of attorney is already in place.”
How do you find a personal injury lawyer?
How can you find an experienced personal injury lawyer you can trust?
Catherine Shearer does not recommend contacting a lawyer you’ve only seen in an ad on TV, because they don’t tell you about their experience, how well they communicate or their personality. “The best thing to do is get a recommendation from a lawyer you do know. Chances are they know a reputable personal injury lawyer who has handled cases well and treated families with respect.”
Free consultation
Personal injury lawyers will offer an initial consultation for free. There are a few questions you should ask yourself.
- Do you feel safe, comforted, and supported?
- Does it feel like a trustworthy interaction?
- Are you comfortable being yourself?
- Is the lawyer being pushy?
- Are you being pressured to sign a retainer?
Shearer advises, “Do not fall victim to high pressure sales tactics. If a lawyer is trying too hard to convince you to hire them or sign paperwork immediately, those are red flags.
Questions to ask during consultation
- How often will you meet with your lawyer?
- How will you be charged for legal services?
- What will that lawyer do for you immediately and in the long term?
Hire a lawyer who offers what you need
Deciding on a lawyer is a very personal decision in which you must feel comfortable and confident. They should have a reputation for integrity and competence and should be someone you can trust. You want to be able to meet face-to-face. In many practices you only meet with law clerks and assistants or will have to travel outside your area.
You will face many challenges in dealing with a traumatic injury. If you want to ensure your loved one’s rights are protected and you would like to make that journey easier to navigate, Catherine Shearer would be happy to assist by providing a free, no obligation consultation.
For more information contact Catherine Shearer at (226) 203-1243 Email: [email protected]
