Pain and suffering damages in personal injury are always difficult to quantify; much of the evidence is, after all, subjective and offered by the injured party him or herself. This is especially true with back injuries, where both the treatment and the resulting claim can be complex. Nonetheless, a knowledgeable personal injury lawyer can present your case in a manner which validates your claim of pain.
A typical defense approach seeks to deny you are experiencing pain or suggests the pain you are enduring is less severe than claimed. To justify these conclusions, the doctor selected for the defense medical examination often will not have you undergo any tests designed to evaluate your perceived level of pain or will claim that you exhibit multiple Waddell’s Signs, which theoretically reveal signs of malingering in patient’s claiming significant back pain. It is incumbent on your lawyer to overcome these tactics.
Skillful cross-examination of the defense medical expert can reveal that pain is both real and that you, the individual experiencing the pain, is the best, often only, witness able to offer evidence as to this issue. The level of the pain, the frequency, how long the pain has been present, what triggers the pain and what alleviates the pain are all questions only you can answer. A complete medical history can provide the history of tests, treatments and procedures and does serve to establish credibility, but pain is ultimately a personal matter.
Insurance companies are in the business of denying liability and will go to great lengths to minimize your potential recovery. Don’t let that happen to you; level the playing field. Call McCarthy, Rowden & Baker, Champaign back injury attorneys, at (800) 373-60050.
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