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      Krista DeSmyter’s Resilience Achieves Victory for Client

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          CHASENBOSCOLO // Blog // Case Stories // Krista DeSmyter’s Resilience Achieves Victory for Client

          Oct 03, 2024 | admin

          Resilience is a word easily associated with ChasenBoscolo, and Krista DeSmyter knows the trait very well. Inspired by the civil rights movements of the 1950s-1960s, Krista wanted to practice law so that she could one day fight injustices and make her own differences: “Even in my own incremental way I can right some wrongs; try to create some small place of justice and maybe that can create bigger change for a better world, better society,” Krista remarked.

          When asked what makes personal injury law unique, Krista smiled: “Personal injury gives me an avenue to work with all different kinds of people; I’m grateful to work for the clients I work for. I meet a lot of fascinating, talented, special people.” Additionally, Krista mentioned the multi- faceted nature of being a trial lawyer: “Unique to trial work; you have to know the law, you have to be able to write, there’s an emotional intelligence and a good social acumen that comes with being a trial lawyer for personal injury cases.”

          Indeed, Krista’s determination to achieve justice on behalf of her clients starts with understanding the things most important to them: “One of my favorite parts of the case is meeting the client and hearing their story. Everyone’s got their own motivations and dreams. I love learning what those are so that I can be their advocate in court. Knowing what my client is passionate about, and their background gives me something to fight for alongside them.”

          Krista’s natural empathy for her clients continued to prove valuable when representing a client, who in 2021, was struck by a runner while walking between hospital buildings. Krista’s client – an experienced healthcare provider – was moving from one building to another, to service patients as part of her ordinary duties. Unfortunately, while some facilities offer dedicated paths for such transferring of staff, the hospital employing Krista’s client did not have purpose-built paths, requiring employees to walk public streets when transferring between buildings.

          Krista’s client received significant head and spinal injuries as a result of the impact. The severity of the injuries degraded her ability to perform her work and impacted her home life permanently. “It can be really tough when you see someone has received a work injury that takes away such big facets of their personal life,” remarked Krista.

          In working the case, Krista relied on her usual attention to detail: “I wanted to make sure that the presentation of all of our evidence at the trial level was airtight; so I did a site visit with her and visited the route she walked the day of the injury. We took photos and collected maps, to show the court that this injury happened because of the nature of her work and workplace.”

          In 2022, Krista was able to prove the case as a worker’s compensation matter, and she had expected her client to finally be able to get the care she deserved. However, the decision was appealed by the employer’s insurance carrier and was overturned in 2023.

          Resilience came into play once again when Krista and her team had to reengage on behalf of their client and appeal the case to the highest court. All the while, Krista’s client continued to work through her new hardships, lacking substantial care for her injuries. “Court time doesn’t match up with real-person time. Time is the enemy for many clients. What I’m proud of is that I will go to the end – we’re not stopping. I’m going to fight until we remedy the problem.”

          Finally, Krista and her team won the appeal and reinstated victory for their client. The win proved emotional not just for Krista’s client, but for her and her team as well. “I just care so deeply for her, and I know how much this means to her and her kids; this win had to happen,” Krista explained.

          When asked what made this particular case unique, Krista smiled: “The client. She’s amazing. “When I saw her after the win, we just held each other and hugged – because she’s my friend, and I love her.”

          Krista DeSmyter has been with ChasenBoscolo for 13 years, and she continues to find new ways to be resilient on behalf of her clients. When asked what makes ChasenBoscolo home for her, Krista mentioned foremost the quality of her teammates: “We work together to workshop cases coming up for trial; our attorneys will join together to help a team member in need. I smile and laugh with my colleagues every day. We have a wonderful team. The type of work we do is gratifying,” mentioned Krista.

          Krista also wished to make a special mention of her appreciation for the work of Senior Legal Assistant Laura Mejia, as well as fellow attorney Kevin Stillman: “Laura did an excellent job getting everything set for trial, and was stuck with me when I wanted to revise the exhibits multiple times! She was a special teammate on this. And Kevin worked masterfully with me on the appeals briefing for this case and the effort to fast track the case to the Court of Appeals. He’s an absolute treasure and has a talent with the written word that is unparalleled.”

          When asked what advice she would have for someone who has been wronged and is feeling intimidated by the idea of starting their own case, Krista said it’s as simple as getting started with a good team: “Join us and you’ll have a huge team supporting you!”

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