Physicians and hospitals struggle to acquire a good understanding of any one patient’s pain. Hence, the victim of an accident, one that must deal with chronic pain, faces a real challenge. It can prove next to impossible to highlight pain in a personal injury case.
What is chronic pain?
That is ongoing pain, pain that lasts for more than 6 months.
Ways to prove the existence of chronic pain:
Injured party keeps a journal and writes down the frequency of any painful sensations, the length of each sensation and the activities disrupted by the pain’s appearance. The personal injury lawyer in Red Deer knows that other noteworthy features of concern, with respect to a plaintiff’s response to pain are:
• Did the painful sensations hinder an accident victim’s performance of a task?
• Did those same sensations affect the level of enjoyment experienced by someone that is eager to celebrate a website’s achievements, or its anniversary?
If an accident victim gives a “yes” answer to either of the above questions, that answer manages to zero in on the life-altering aspects of painful sensations that never cease. The hindered performance or the diminished level of enjoyment help to support the victim’s claims, regarding the existence of chronic pain.
How a plaintiff can deal with the doubts created in the minds of jurors by a defendant’s lawyer?
The plaintiff should follow the advice from the healthcare provider. If prescribed pain medicine does not do a good job of dulling the painful sensations, then that fact gets added to the other evidence that the plaintiff has presented.
The insurance company cannot call into question the healthcare provider’s advice. The insurance company wants the injured victim to be visiting that healthcare provider. The defendant’s lawyer works for the insurance company.
The plaintiff must be careful about providing the defendant’s attorney with evidence that can be used to weaken the plaintiff’s case. For instance, the plaintiff should not post any pictures on social media networking sites, especially pictures of that plaintiff’s activities.
True, a picture cannot reveal the presence or absence of any pains. Still, it can show the extent to which the same pains have limited the motions of a given plaintiff/victim. Ideally, a photograph should get used to strengthen the plaintiff’s case, rather than to throw cold water on the plaintiff’s claims.
Personal injury lawyers do not overlook those facts. Yet a lawyer needs to alert his or her client to the insights that he or she has gained by supporting a long list of clients, all of which have filed a personal injury claim. An insightful client and an experienced attorney should succeed in challenging the accusations from members of the defendant’s legal team.