An accident is one of the most complex situations a person can experience, and the feeling of helplessness is very difficult. A lawyer who accompanies their clients throughout the process of claiming compensation after an accident, can become the primary person who helps them return to leading normal lives, even after this trauma, thanks to the full realization of their rights.
Advocate Dan Daniel Shai experienced firsthand what it feels like to be on the "other side." After recovering from a serious accident he went through, he chose to practice in the field of torts and traffic accidents and to help victims, just as he was helped.
The Whole Truth and Nothing but the Truth – On the Importance of Integrity as a Lawyer
For Advocate Shai, handling each case begins with an introductory conversation with the client, where he emphasizes providing a comfortable and empathetic feeling, especially given that clients usually arrive after experiencing significant trauma and in a very sensitive emotional state. "When a client comes to me and sits opposite me, I first of all make them feel that my office is like their home, that they don't need to worry, that I am on their side and for their benefit."
His own experience as an accident victim, helps him truly understand the clients who come to him and their perspective, as well as the insecurity and fear that accompany them, which sometimes become barriers and prevent them from immediately opening their hearts to him.
Advocate Shai clarifies how important it is for him to know the whole truth, even if some clients are reluctant to the openness this requires of them. "In the introductory meeting with the client, I first want to know their medical background, and I explain to them that in my office they have medical confidentiality and attorney-client privilege, and I also make it clear that I will never lie."
Advocate Shai explains that the idea behind this emphasis, which he makes sure to convey to every new client, is that as a lawyer he must know all the details related to the client and the case being discussed, so that he can build a correct strategy that maximizes the chances of winning the claim.
"If I take a case, it's after I have investigated it and I have a strategy regarding how to deal with the various institutions such as the National Insurance Institute, the Ministry of Defense, the Income Tax Authority, and the Ministry of Health. All these offices are insurance companies in every sense of the word, and I need to know how to deal with them, so I prepare a strategy in advance. Building a strategy and explaining to the client about telling the truth, and instructing them what to say and when, is the only way to win the case."
Medical Studies for Lawyers – Advocate Shai's Unique Advantage
Cases dealing with traffic accidents or work accidents require the consultation of experts from various medical fields, whose opinions allow for the establishment of a causal link between the incident itself and the injury for which the victim is claiming.
Advocate Shai, in addition to his specialization in tort law, is also a graduate of the Faculty of Medicine for Lawyers at Tel Aviv University and makes sure to take courses in the medical field every year. According to him, his education, continuous updating on new regulations, and his personal experience as a victim make him a lawyer with a unique advantage. "I know how to take the client's language and translate it as a lawyer into medical language."
Advocate Shai explains that in order to provide his clients with access to the best medical experts, he has personally selected a range of doctors from various fields, including specialists in orthopedics, rheumatology, psychiatry, neurology, and more, and refers his clients to them for consultation, even before filing a claim with the National Insurance Institute.
"When clients come to me, I advise them to turn to these experts so that they can give us the most accurate diagnosis for the case, and thus we can build a good case. The expert gives their opinion and advises on which tests need to be done before applying to the National Insurance Institute." These tests, Advocate Shai explains, help establish the claims of the lawsuit and increase the chances of obtaining high compensation for the clients.
From an Economist Injured in an Accident to a Lawyer Fighting for Victims' Rights
"I was an economist and statistician for many years and worked at a large banking institution, and then I had a very serious accident that required several hospitalizations, a rehabilitation series, and seven spinal surgeries," says Advocate Shai, recounting the moment he realized his professional calling lay elsewhere, and for him, it created the desire for a career change.
"In the period after the injury, I was required to sue several institutions, including insurance companies. I sat on the other side as a plaintiff and really liked seeing the dynamics of the lawyers versus the insurance companies and the National Insurance Institute," he explains, revealing that for him these were inspiring people.
The lawyers who accompanied him, Shai explains, were by his side throughout a complex and difficult legal process, and thanks to them he understood how suitable the field of law was for him.
"Thanks to what happened after the accident, I actually bring an advantage today – I am not just a lawyer specializing in tort law, but I myself sat on the other side and I know exactly what those victims are going through, and from there I chose this profession."
Advocate Shai explains that for the victims, the humanity of the person accompanying them is most important, alongside the highest level of professionalism. "The victim feels that a lawyer needs to be professional and fair, provide practical answers and solutions to their legal questions, but first of all be attentive. A lawyer who is a human being."
This article was written in cooperation with Advocate Dan Daniel Shai