Strategies to get relevant information

Strategies to get relevant information from brain injured clients. Be patient and listen carefully. Things to do things to avoid.  Cognitive and memory problems can challenge the ability of a person with a Brain Injury to give a clear and cogent version of events. Instead, the person may tell his or her story in a more circular fashion. Be patient and listen carefully, so that you are better able to identify the key facts. Also remember that individuals with Brain Injury need to associate experiences with concrete activities.

Strategies to get relevant information

  • Schedule more time for a trial involving a person with a Brain Injury
  • Consider cultural differences in behaviour
  • Speak slowly and repeat frequently
  • Statements and questions should be short and to the point
  • Break information into small pieces
  • Always confirm that what they heard is what you said – do this by having them repeat back to you what they understand
  • If necessary, ask a question in several different ways
  • Allow the person with ABI more time to respond to questions and tasks
  • Read all materials out loud to those who need it
  • Use the person’s name frequently, especially prior to asking a question
  • Use “visuals” as much as possible (simple diagrams, charts, point form, pictures)
  • Consider auditory and visual impairments when situating yourself to them
  • Try having the individual with ABI role play what happened
  • Prompt the person to keep dialogue on task and focused as they may go off topic or compulsively talk without a break
  • Check for comprehension by asking questions about the content of a statement or question, rather than asking if they understand.
  • Give verbal cues when activities are about to change (5 min. – 3 min. warnings, give “heads up” that the something different is about to happen in the court… “In three minutes the court is going to take a break…”
  • It may be useful to have someone to keep notes and write information down for the accused.

If you wish to use audio or video teleconferencing with a person with a Brain Injury, try to minimize distractions by using a separate, quiet room.

  • Avoid inferences
  • Avoid asking multi-step questions
  • Avoid questions containing complex wording
  • Avoid pronouns – use the names of people to whom you are referring
  • Avoid assumptions about the accused’s ability to understand and respond appropriately
  • Avoid double negatives such as “Did you not see…?”

Information has been adapted with permission from www.fasdjustice.ca