Survivor guest blog: My experience of the legal system

The first thing I should say is that my experiences of the legal system were less than positive. I hope that this is not the case for everyone, however the conversations I have had with some others of you have gone through trauma have been similar. I do not want this to be the case for everyone. I hope that by recounting my experiences and then giving some advice, this will help steer you through the process and make it more positive for you.

My first experience with the legal system were the police that attended the scene - although I do not remember them at all from the day. When they visited a few months afterwards it was to get a statement from me about the events. The two police officers seemed kind and caring. They put me at ease and asked me to relay the story of the accident. I was able to do this. Probably fairly dispassionately as was my way in these professional fronting situations. They did mention briefly other things that may happen – including going to court – but the information was sketchy especially regarding timelines.

The second people I came into contact with was the lawyers. Within two weeks of my accident I had a lawyer sitting next to my bed asking me if I wanted legal representation regarding the accident. I just remember thinking ‘…what?! I mean’… ‘I’m still sick’… ‘broken’…’I’m trying to get better’… ‘this really isn’t my priority’. He was very nice about it but I felt vulnerable, unprotected… in some ways it was like those cold calls you get but worse. Later on I did incidentally choose to have my case handled by this very lawyer. I didn’t review countless options; I just took the first option that came! Eventually their support and advice was excellent and very efficient.

The third and most harrowing encounter was the day my case was brought to court. It was in a civil court. Only a magistrate. It was the crown versus the driver of the car. I was there, a victim, but a key witness. My evidence was going to be cross examined by a barrister.

I arrived on time. My parents and a close friend had come with me. Their support was something I was really going to need. I met two people in the ‘prep’ room who were witnesses. The CPS spoke to us all briefly. Asked if we had any questions. Clarified a few details of the case. To be honest I can’t remember much more than that. I didn’t have any questions. I think I was too nervous to think and just wanted the whole thing to be over. However I wasn’t entirely sure that the CPS really had taken time to understand the details of the case to clarify the evidence.

I was called in to present evidence. Sworn in. The weight of responsibility was enormous – it was a weighty duty. I saw the woman who had been driving the car for the first time since my accident. I’m not sure I knew how to respond.

I stood up to give my evidence. This was guided by the CPS and extremely brief in comparison to what was to follow.

Then the barrister stood up. A short-ish broad shouldered man. He started to question specific evidence. He asked me why I had chosen to cycle in a specific part of the road (the middle was the safest option), what I was wearing (mix of bright blue, and black) and why I asked how the driver was (I thought she may have been injured, I cared) and why I said ‘sorry’ (in the same way that you would when you bump into some one in the shops!). Some of the details he asked about were incorrect. All were taken out of context and used to paint a picture of my partial fault in the whole thing. I was not prepared. I felt attacked. Like someone had taken the rug form underneath me.

It was suddenly all my fault. I began to shake and go pale. I felt like I was going to faint. The magistrate asked if I would like to sit down. I said yes. There were some more questions…

I left stunned. Not wanting to sit a moment longer in there reliving the whole event. I was vulnerable; questioning everything again. But I was also furious that so many details had been skewed.

At a later date I did write to complain to the CPS in the end as I had concerns with how the case was handled and how I was not supported adequately through the process. I received a kind response but it was too little too late.

Eventually the case was settled out of court. I received compensation. This required meeting with my lawyer a number of times and a case manager and reviewing my injury and prognosis and long term impact of my injuries – I did receive professional advice on this from experienced physiotherapists. Given the extent of the recovery, I had thought the long term impact would be minimal. I was offered a sum of money from the driver’s insurance company. The offer I think was OK. But how do you put a price on daily pain, loss of sensation, a life time of medical reviews and check-ups and a potential career change. I had no idea! After some focused thinking and advice from my lawyer and a few others who knew my case well I decided to accept the offer.

Thankfully within a year from the accident everything was settled. This is almost unheard of.

So what advice would I give to someone newly injured going through this process?

1. Know what you are walking into – find out as much detail as you can. If you are offered meetings and correspondence take it all up. As a healthcare professional I was able to navigate the health care systems easily after my accident. Having knowledge of resources available and personnel to contact made things sooooo much easier. However the legal system is another kettle of fish. I had no real idea about the systems in place (except for watching a few TV dramas which of course was insufficient!). So finding out details is imperative.

2. Seek legal advice. No win no fee. Out of court settlements don’t apply so you get all the compensation – this is the ideal.

3. Seek out experienced medical advice – physiotherapists, occupational therapists, doctors etc. understand the possible long term implications on your life. There are those who do medicolegal work – these are the best to liase with and can be found through their professional bodies, such as CSP.

4. Prior to court: Meet with the CPS.

5. On court day: Don’t presume you will be ok on the day or that you know all the details. Ask questions. Even if it’s about proceedings. Or roles. Just be prepared.

6. When you attend meetings (formal or not) take someone you respect and trust and who is able to remain objective (probably not a family member). Also taking notes may be helpful to remember what is agreed and help you formulate questions.

7. Give yourself time to process the event (before and after) not just the objective but the feelings too! Don’t be naïve – it’s likely everything that occurred will be brought into question and you will doubt your choices you made on the day of your trauma. This is when you will often need good counselling to help keep your thoughts in perspective and rooted in truth.

So my challenge to you is to take on board this advice and have a better outcome that me!

Survivor guest blog: My experience of the legal system

Comments

Post a Comment