Working with Catastrophically Injured Children
A Question and Answer Session between Albert G. Stoll, Jr. & Jessica Juarez
Al Stoll asks Jessica Juarez….
Q.
Why do you choose to work for children that have been seriously injured?
A.
Children have always been a part of my human rights and advocacy work. I enjoy working with children of all ages and helping them grow into themselves. I enjoy working with them, explaining the legal process in a way that they can understand – a way that makes them think about the purpose of coming forward. I enjoy inspiring a child to maximize his or her potential, learn new things, think about their goals, think about things other than their injuries and their case. I see my role as a child’s advocate as one of guidance and empowerment through a challenging personal and family time.
Q.
What do you enjoy the most in representing children?
A.
What makes me most happy in representing a child is seeing that they are growing as a unique individual. Undoubtedly, they will be shaped through their experience of personal injury. However, through the course of their case, I hope I can lend a hand in making the experience one of reflection, meaning and understanding. I like to remind them that even though they may have been injured or scarred in some way, that all of us have scars of our own whether or not physically visible.
Q.
How do you prepare a child for their deposition?
A.
Prepping a child for their deposition can be fun, funny, and also, challenging. Hopefully, defense counsel will be mindful too, that they are deposing a child and not an adult but that isn’t always the case. There can never be too much practice in prepping a little for their deposition.
A child typically has a shorter attention span and may be keen on having some play time in between all the depo preparation and even during breaks in the deposition. I make sure we have a lot of breaks, snacks on hand and some moments of play so that the child is able to move along the deposition prep and deposition without too much boredom or monotony. A little play can go a long way in bringing the child back into focus at the end of the break.
Q.
What ground rules do you establish with the child’s family at the start of their case?
A.
I like to keep things informal with the child’s family and make sure that we have open lines of communication at all times. A child can experience a lot of different emotions in a short period of time going through a serious injury. If we have a pre-set meeting for example to discuss the case or to go over discovery or to prep for an upcoming deposition but the child is having a bad day – I am flexible and re-set our appointment to accommodate my client’s needs. I am also happy to travel to the family’s home for some appointments if that’s what is needed.
I encourage the family to attend group therapy together as a unit and ensure that my child client goes to a therapist or social worker by him or herself to talk on a weekly basis. It is important that a child be given the opportunity to help chose their own therapist.
Navigating their new body if the child has been burned for example, dealing with catching up at school, negotiating love relationships, and talking about the family’s well-being are all topics that often come up for a seriously injured child. Talking through these issues with a licensed therapist can make a big difference in creating the emotional space for healing.
Jessica Juarez asks Al Stoll…
Q.
How do you establish the best possible working relationship with Defendants’ counsel when working on a child’s personal injury case?
A.
Having an amicable, straightforward relationship with opposing counsel is very important to me in all my cases, especially in the ones involving a child that has been seriously injured. The best strategy is to communicate often, work together to ensure dates for depositions are agreed upon before noticing depositions and extend deadlines as a common courtesy.
Q.
How do you go about securing experts in proving your child clients’ case?
A.
Having had over 20 jury trials, I rely on both the expert’s background and my instincts in choosing an expert that is amicable and someone who will be well liked by the jury. Just as the client needs to be the right fit with the attorney and vice versa, the experts hired on a case also have to be the right fit, in terms of attitude, commitment to the work, high quality performance of the work and professionalism. Securing an expert that is keen on working with and for children, knowing how to talk to children, for example is something that I look for in working on these types of cases.
Q.
What is a guardian ad litem and why is one needed in a case
in which there is a catastrophically injured child?
A.
When a minor is a party to a lawsuit, a Guardian ad Litem (“GAL”) is required as a matter of law. Because a child is legally incompetent, a GAL needs to be selected and appointed by the court.
The GAL is an individual, usually a parent or other family member, to look after his or her best interests, and his or her interests only. The GAL is not only an officer of the court but an agent of the minor represented in the lawsuit. The guardian ad litem is both the incompetent’s representative of record and a representative of the court.
Q.
How do you go about securing the right fit for the adult serving as the guardian ad litem?
Typically, I help find the right fit by ensuring that the child knows and feels comfortable with the GAL, as they will be working together with me throughout the child’s case. I like to explain the litigation process, the oral and written discovery process, duties of the GAL in the discovery process, and the GAL’s responsibilities throughout the case, including receiving case status updates, attending mediations, depositions, and the hearing in which the settlement will be reviewed by the court and/or the GAL’s responsibilities in trial. Once I am confident that the GAL works well with my child client, that s/he is aware of all of the responsibilities involved in being the GAL, that s/he agrees to all of those duties, and that the family is in agreement that this individual is best suited for the role of GAL, then I feel secure that the individual is the right fit for my child client.
About the Authors
Albert G. Stoll Jr. is a seasoned law practitioner with over twenty years of experience trying personal injury cases. Mr. Stoll is committed to serving Bay Area residents who have been seriously injured.
Jessica Juarez advocates for children seriously injured and for workers facing illegal pay practices, retaliation, and discrimination in their place of employment.
Together, Al and Jessica form a dynamic team, working to position your child’s case for the best outcome possible, whether that be in front of a jury or mediator.