In the personal injury and clinical negligence claims process, the role of a lawyer extends beyond mere legal representation. For clients who have been through a traumatic experience, the legal process can be an additional source of stress and anxiety. Across the profession, the trauma-informed approach is becoming increasingly prevalent to improve the experience of client’s and ensure the best outcome is achieved for them.
Understanding Trauma-Informed Practice
Trauma-informed practice is a client-centred approach that recognises the impact of trauma on different individuals and adapts legal practices to accommodate their needs. This approach is particularly beneficial in clinical negligence and personal injury cases, where clients often face additional emotional and psychological challenges due to their experiences.
There are a number of things lawyers can do to practice in a trauma informed way. Some of the key principles are as follows:
- Understanding Trauma: Trauma can present in different ways and its impact on individuals can vary significantly. Lawyers must be educated on the complexities of trauma and how to recognise the different signs in different people. Having this understanding helps lawyers to better communicate with and support their clients and encourage their engagement in the claims process.
- Building Trust and Transparency: Trauma often leads to feelings of betrayal and powerlessness. Lawyers who communicate openly and transparently can help rebuild trust and empower their clients. This involves keeping clients informed about their case, explaining legal processes clearly, setting boundaries and expectations and being honest about potential outcomes.
- Creating a Safe Environment: A trauma-informed lawyer ensures that their clients feel safe on both a practical and emotional level. Simple practical steps can be taken to make a client feel more comfortable. For example, holding meetings in a neutral location or familiarising a client with a court room in advance. A trauma-informed lawyer will be mindful of triggers, offer a supportive presence, and allow clients to express their emotions without judgment.
- Empathy and Patience: Trauma-informed lawyers act with empathy and patience. They understand that clients may need more time to process information and make decisions. This empathetic approach can significantly reduce the stress associated with legal proceedings.
How adopting a trauma-informed practice can help the clinical negligence and personal injury claims process:
- Enhanced Client Support: Trauma-informed lawyers provide a supportive environment that helps clients feel understood and valued. This support can improve clients' mental well-being and their ability to participate in the legal process.
- Improved Legal Outcomes: Clients who feel supported are more likely to provide more detailed and accurate information, bettering their evidence which in turn can strengthen their case. Additionally, they are better equipped to handle the emotional challenges of litigation, leading to more informed decision-making and potentially better outcomes.
- Reduced Risk of Re-Traumatisation: The legal process in itself can be re-traumatising for clients. Client’s will have to discuss and be questioned on their traumatic experiences. Trauma-informed lawyers take steps to minimize the risk of re-traumatisation by being sensitive to their clients' needs and adjusting their approach accordingly.
- Fostering Long-Term Healing: Beyond the immediate legal outcomes, trauma-informed practice can contribute to clients' long-term healing. By addressing the emotional and psychological aspects of their trauma, lawyers can help clients move forward with their lives more effectively. Achieving a better outcome for clients through a trauma-informed practice will give them better access to rehabilitation services and assist with their overall recovery.
Trauma-informed lawyering is about more than just taking a compassionate approach; it can also lead to better legal outcomes and more satisfied clients. In the context of clinical negligence and personal injury claims, where clients have been through traumatic experiences, this approach is particularly valuable. By understanding and addressing the unique needs of individual clients, trauma-informed lawyers can provide more effective representation and support their clients' overall well-being.
At Thorntons, we have a team of personal injury lawyers who are accredited by the Law Society of Scotland in trauma-informed practice and Personal Injury. If you are seeking help for a personal injury claim, contact a member of our team on 0800 731 8434.
