When a medical expert suggests that the extent of your pain doesn’t sync up with your injury, your Decatur personal injury lawyer can employ certain arguments to refute their claim. Here’s how:

Defense argument:

Your injury should not cause the magnitude or type of pain you describe. Pain is a subjective experience, and individuals feel pain differently. This is not just obvious logic; studies of brain scans have shown that the same pain stimulus can result in different experiences from one individual to the next. It follows that a defense doctor cannot easily prove that your pain must necessarily be at a defined frequency, intensity or amount. To expose this lack of proof, your Decatur personal injury lawyer might ask questions similar to the following:

• Prior to making your conclusion about my client’s pain, did you research the pain associated with this condition?
• Can you offer any articles that indicate this condition can’t be associated with such pain?
• What level of pain should my client be experiencing on a one to ten scale, with one being minimal and 10 being the most pain imaginable
• (Assuming the doctor says “3.”): Is this level of pain – 3 – the same every day?
• Is it possible that my client has less pain on some days?
• Following that logic, if my client has less pain on some days, shouldn’t it follow that he might experience more pain on some days? (If the doctor disagrees with this premise, he is breaking logic and loses credibility.)
• What is the highest level my client should be experiencing pain? Is it level 6? Level 8?
• Can you provide any scientific evidence for this?

The Decatur personal injury attorneys at McCarthy Rowden & Baker know how to defend against doctors who may try to dispute the pain you are experiencing. Call 800-373-6050 to speak with an attorney who will protect your rights and fight for your compensation.