A personal injury lawyer oakville, will tell you that after representing many injured and disabled people, they've found that pain can have many causes. Some causes can readily be seen while others cannot. There are some cases where knowing what is causing the pain is elusive. In some cases, the underlying cause of the pain is not easy to ascertain. An example of such a case would be someone who has suffered a compound fracture of a bone that required surgery and maybe screws. Another example would be someone who has a head injury resulting in a skull fracture and/or bleeding in the skull. In some situations, the pain could be quite intense, but the underlying cause of the pain is harder to prove. An example of such a case would involve somebody who has suffered a soft tissue, or back and neck injury, in the absence of broken bones.
A lawyer acting for somebody with chronic pain must be able to persuade either the opposing party , a Judge, jury or arbitrator that the person's pain exists and is serious. This is challenging even where the underlying injury is known, since pain itself unseen. It is especially challenging, however, where the underlying injury is complicated to explain or demonstrate. A lawyer needs to be particularly creative in such situations to illustrate the pain for those who require convincing. Outlined below 3 of the more effective tactics used to make pain visible in such situations.
How to make your pain evident
- Take photos that show initial injury
A picture is worth words definitely applies to situations involving chronic pain. Photographs of meaningful bruises in the days following the original trauma, for example, can be quite helpful at a later date to show that a traumatic injury indeed occurred even if it can not be seen now. Photographs of bumps, cuts or bruises to the head can additionally help show that there was a traumatic head injury.
- Evidence of Treatment Received and any Side-Effects
when person's pain is not be visible, but an insurance company or interested party may very well accept that the condition exists if the person is able to show that he or she has been seen by appropriate health care practitioners. That they have participated in treatment such as physical therapy, or massage therapy, as well as have attended any pain management programs.Additionally, many pain medications and treatment available for chronic pain have major side-effects. An insurance company may or may not be aware of this. It is important for the injured or disabled person's personal injury oakville lawyer to present it with the rest of the case notes.
- Gather Information from Appropriate Witnesses
Cases have shown a personal injury lawyers oakville may wish to present expert evidence from health care professionals who possess an expertise in chronic pain. These experts, in the context of their testing and examination, frequently take steps to ensure that the injured or disabled person indeed is injured and not exaggerating his or her claim. Should the experts determine that the injured person is suffering from some form of chronic pain, due to an undetermined source, that may be very substantial.Your personal injury lawyers oakville may like more than just expert witnesses. A personal injury lawyer may seek evidence from non professional witnesses. These most times, are friends, co-workers, or anyone who has known the injured or disabled person long enough previous the injury or disability and as well as any changes tha afterward. The evidence of lay witnesses can often be very persuasive and help show the existence and severity of a person's chronic pain.
Parting Thought
The underlying cause of chronic pain is sometimes hard to demonstrate, a personl injury lawyer oakville should be creative and utilize effective strategies, such as the ones noted above, to make an injured or disabled person's pain visible to an insurance company or court proceeding. Read More