A solicitor takes several key steps to safeguard your rights before and during court hearings in non-accidental injury (NAI) cases:
Before Court Hearings:
- Case Preparation: Your solicitor will thoroughly review all paperwork, evidence, and reports related to your case. This includes medical records, social services documents, and any expert opinions.
- Filing Statements: They help you prepare and submit position statements, outlining your account of events and the outcome you are seeking, ensuring your perspective is clearly presented to the court.
- Arranging Expert Evidence: Solicitors can instruct independent medical experts to review the evidence and, if appropriate, provide alternative explanations for the injuries in question.
- Advising on Process: They explain court procedures, what to expect, and how to conduct yourself during hearings so you feel prepared and confident.
- Requesting Special Measures: If you have concerns about your safety or ability to participate fully, your solicitor can request special measures—such as separate waiting rooms, screens in court, or keeping your contact details confidential—to help you feel safe and supported.
- Liaising with Other Parties: Solicitors communicate with social services, Cafcass, and the court to clarify issues and negotiate where possible, aiming to resolve matters before the hearing if appropriate.
During Court Hearings:
- Representation and Advocacy: Your solicitor will speak on your behalf, present your case, challenge evidence, question witnesses, and ensure your voice is heard by the judge.
- Protecting Your Rights: They ensure that all procedures are followed correctly and that your right to a fair trial is upheld, as protected under the Human Rights Act.
- Objecting to Improper Evidence: If evidence is introduced that is irrelevant or prejudicial, your solicitor can object and argue for its exclusion.
- Clarifying Questions: If you are asked questions you do not understand, your solicitor can request that they be rephrased or explained, ensuring you are not disadvantaged by legal jargon or complex questioning.
- Ensuring Compliance with Orders: After hearings, solicitors review court orders for accuracy and ensure you understand what is required of you moving forward.
In summary:
A solicitor’s role is to protect your legal rights, ensure your account is fully and fairly presented, challenge any unfair or incorrect evidence, and support you through every stage of the court process. This comprehensive support is essential in the complex and high-stakes context of NAI proceedings.
Call our 24-hour team for free, confidential advice, or visit our website to learn more about how we can support you.