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At Carroll & O’Dea Lawyers, we understand that trauma is often at the centre of many legal claims and disputes. This is especially the case in personal injury matters where our clients have suffered serious physical and/or psychological injuries as a result of trauma or traumatic experiences. Importantly, we are always committed to adopting a trauma informed approach where we balance advocacy and compassion.

Lifeline defines trauma as “an emotional response to extremely distressing experiences, which overwhelm our ability to cope”. Therefore, trauma is not just the experience itself but is related to the lasting effects that the experience has on a person.

Whether our clients have suffered childhood abuse, been injured at work, in a motor vehicle accident or injured in another way, Carroll & O’Dea Lawyers recognise that many of our clients are victims and  also survivors of trauma. We also understand that trauma affects each of our clients differently and that the effects can be long-lasting and life-altering.

What is trauma informed practice?

Trauma informed practice is a framework or approach that recognises the widespread impacts of trauma. Ultimately, it integrates research and knowledge of trauma into legal processes. This includes the application and prioritisation of key principles including safety, trust, empowerment, collaboration, choice and diversity in all matters.

The application of trauma informed practice in legal contexts is still developing, based on new research into trauma and trauma recovery.

Ultimately, trauma informed practice:

• Recognises that trauma is complex and affects people differently.
• Recognises that trauma can impact memory, behaviour and communication which are all crucial in legal matters.
• Avoids re-traumatisation and minimises the risk of further harm to clients.
• Is not “soft lawyering” – it is the combination of empathy, care, skill and smart and ethical lawyering.

Why is trauma informed practice important?

For many people, speaking to a lawyer and bringing a legal claim can be confronting and stressful. This is especially the case for victims and survivors who are still affected by their trauma and may be required to speak about traumatic experiences.

Research indicates that unresolved trauma can keep the brain and body in a state of “survival mode”. This can impact a victim/survivor’s ability to communicate and process information (including important legal advice).

Therefore, a failure to adopt a trauma informed approach could mean that during the claim process, clients and lawyers can encounter many challenges, such as the following:

• Clients may have difficulties communicating with their lawyer and providing appropriate instructions;
• Clients might find it difficult to trust their lawyer, which can lead to delays, misunderstandings and relationship breakdown between lawyer and client;
• Clients may not understand legal advice and may not be able to make informed decisions throughout their legal claim.
• Clients may be at risk of re-traumatisation and/or further harm.
• Clients may be hesitant to proceed with a claim;
• Lawyers may encounter difficulties acting in the best interests of their client if they do not understand their client’s needs and wants;
• Lawyers may not receive complete instructions and therefore cannot adequately prepare the claim;
• Lawyers may fail to communicate effectively with clients and other lawyers;
• Lawyers may have difficulties providing clear and competent advice to clients to enable clients to make decisions on their claim; and
• The outcome of the claim may be adversely affected.

How trauma informed practice shapes our approach?

At Carroll & O’Dea Lawyers, we understand the importance of adopting a trauma informed approach without compromising the quality of our advice and services. We are committed to achieving a delicate balance between delivering strong advocacy and achieving the best possible outcomes, whilst ensuring that our clients are treated with dignity, respect and empathy throughout the legal process.

Our trauma informed approach is not simply a checklist – it is integrated into the services we provide. This includes:

• A Tailored Approach: We always adopt a client-centred approach which recognises that trauma impacts every person differently. In particular, we pay specific attention to human needs and challenges that our clients may be facing beyond just the legal claim. We also appreciate cultural nuances, including systemic and generational trauma. We understand that trauma rarely presents in neat, chronological narratives. Clients may recall events in a fragmented or non-linear way, experience gaps in memory, or wish to disclose information gradually over time. We tailor our approach accordingly, so that we meet the needs of each and every client. For example, we tailor the process and how we deliver advice based on any preferences for communication, to make the law easily accessible and to reduce harm and stress throughout the claim.
• Empowerment and Choice: We deliver comprehensive advice that is easy to understand to ensure that clients are informed throughout the entire claims process. We also ensure that clients always feel supported and empowered to make informed decisions throughout the claim. We are committed to implementing our clients’ preferences where possible. Ultimately, we try to ensure that our clients are fully informed and equipped throughout the claim, so that the process is less confronting and stressful\
• Collaboration: We work closely with our clients throughout the whole claim. We are committed to ensuring that they always feel genuinely heard and address all of their queries and concerns. Ultimately, we work together as a team, to achieve outcomes that are important and meaningful for our clients
• Genuine care and trust: We genuinely care for our clients and their wellbeing. We recognise that it can be difficult to talk about trauma experiences and prioritise building a relationship of trust so that they feel safe to talk freely about their experiences. We ask questions with empathy, understanding and without judgement. We project calmness, stability and safety to reduce stress as much as possible.

This article was published on 24^th July 2026 by Carroll & O’Dea Lawyers and is based on the relevant state of the law (legislation, regulations and case law) at that date for the jurisdiction in which it is published. Please note this article does not constitute legal or financial advice. If you ever need legal advice or want to discuss a legal problem, please contact us to see if we can help. You can reach us on 1800 811 713 or via the Contact us page on our website. (www.codea.com.au). If you think you or a family member might be eligible to make a claim, use our Trauma Insurance Claim Check now.