The role of a lawyer in personal injury claims

BY MICHAEL ‘LEKAN ODUNLAMI

The personal injury lawyer occupies a pivotal position within the civil justice framework, serving as the legal representative for individuals who have sustained injuries due to another party’s negligence, recklessness, or failure to fulfil a duty. Personal injury law is structured to facilitate compensation for physical, psychological, and economic damages; consequently, the lawyer functions as the claimant’s advocate during the entirety of the legal proceedings.

In legal systems like Nigeria’s, where procedural intricacies, financial burdens, and disparities in power can impede access to justice, the function of a personal injury lawyer assumes considerable importance.

Essentially, a personal injury lawyer’s primary responsibility is to establish liability. This entails proving that the defendant had a duty of care towards the claimant, that this duty was violated, and that the violation directly resulted in the alleged injury.

Nigerian jurisprudence has, in its adjudication, consistently drawn upon common law tenets originating from English legal tradition, with particular emphasis on the neighbour principle as articulated in the English case of Donoghue v Stevenson in 1932. This case established that you must take reasonable care not to harm your neighbour, being people who could be affected by what you do. If harm is predictable, and harm is indeed suffered, you may be legally responsible. Practically, a personal injury lawyer is obligated to compile a comprehensive evidentiary record, including medical documentation, accident reports, eyewitness accounts, and expert assessments, to substantiate the requisite legal elements. Consequently, without the benefit of professional legal counsel, numerous claimants would encounter significant difficulties in satisfying the evidentiary standards imposed by the courts.

Furthermore, personal injury lawyers undertake the assessment of the complete spectrum of a claimant’s losses. The scope of compensation in personal injury claims extends beyond the immediate medical expenditures incurred. It encompasses, inter alia, the loss of income, diminished earning potential, anticipated future medical treatment, compensation for pain and suffering, and the psychological impact of emotional distress.

A proficient lawyer is responsible for accurately assessing and articulating these losses to the court or the opposing side. This is particularly significant within the Nigerian legal context, where individuals who have suffered injuries might not fully understand the extent of the damages they are entitled to, or they might undervalue the enduring consequences of their injuries.

Negotiation constitutes a central practical function of the personal injury lawyer. Without legal representation, an injured person might feel pressured to accept unfair settlements or might give up on their claim due to intimidation or a lack of legal knowledge.

This situation is clearly illustrated by a typical example in Nigeria. Consider a passenger on a commercial bus who is injured in a traffic accident on the Lagos–Ibadan Motorway, where the bus driver was driving recklessly.

The injured passenger could potentially endure fractures necessitating surgical intervention. In this context, the lawyer’s objectives extend beyond financial compensation; they also encompass the imperative of holding corporate transport operators responsible for upholding safety protocols.

Furthermore, personal injury lawyers are instrumental in upholding procedural integrity. Nigerian civil litigation is governed by stringent regulations concerning limitation periods, jurisdictional boundaries, pleadings, and evidentiary standards. Non-adherence to these stipulations can lead to an incompetent claim.

A crucial facet of a personal injury lawyer’s function involves facilitating access to justice. Numerous individuals who have suffered injuries may be deterred from pursuing legal action against influential defendants, including governmental bodies, healthcare institutions, or global corporations, due to a lack of resources or self-assurance. By utilising contingency or deferred fee structures when feasible, lawyers enhance the accessibility of legal remedies. Consequently, they assist in claims stemming from hazardous construction sites within urban locales like Abuja or Port Harcourt, for instance, which can precipitate more rigorous enforcement of health and safety regulations. Consequently, the activities of personal injury lawyers transcend the realm of individual restitution, thereby contributing to the general well-being of the populace.

To summarise, the function of a personal injury lawyer extends well beyond the confines of courtroom representation. It includes investigation, legal interpretation, negotiation, procedural support, and the facilitation of access to justice. Within the Nigerian context, where those injured frequently encounter financial difficulties and systemic impediments, personal injury lawyers act as crucial intermediaries between claimants and the legal framework. By securing compensation, ensuring accountability, and advocating for safer practices, personal injury lawyers are instrumental in upholding civil justice and safeguarding the rights of those who have been harmed.

This article is only meant for general understanding only and not a legal advice. If you believe you’ve suffered any harm or injury due to your employer’s fault, and you are concerned about the viability of your case or high cost of hiring a lawyer, you can reach out to an experienced personal injury lawyer who may be willing to offer a free legal advice and handle your case on a “NO WIN, NO FEE” arrangement, which simply means you only pay if you win and get compensation.

Michael ‘Lekan Odunlami, Esq. is a Lagos-based personal injury lawyer at Claybrook Attorneys. He can be contacted via [email protected]