Challenges of Chronic Pain Cases in Personal Injury Trials
The Complexity of Chronic Pain Cases
After years of representing plaintiffs in personal injury claims, it is evident that chronic pain cases present unique challenges in the courtroom. The mere mention of “chronic pain” can evoke a favorable reaction from insurance company lawyers, who are aware of the difficulties plaintiffs face in substantiating their claims.
Understanding Invisible Injuries
Chronic pain is often classified as an “invisible injury,” meaning there are typically no objective tests—such as scans or x-rays—to diagnose or provide evidence for the pain. The most compelling evidence usually comes directly from the victim, who may endure significant suffering and disability. However, proving pain and suffering in court hinges on three critical factors, prioritized as follows: credibility, credibility, and credibility.
The Importance of Credibility
For a plaintiff to prevail in a chronic pain case, it is essential that the judge or jury finds them credible. Insurance companies often focus on undermining this credibility as their primary defense strategy. If the defense successfully questions the plaintiff’s credibility, it can jeopardize the entire case.
Surveillance Tactics
Insurance companies frequently employ surveillance to gather information about the plaintiff’s daily activities. This visual documentation can starkly contrast the plaintiff’s statements to their medical professionals. For example, if a plaintiff claims they can only stand for 20 minutes due to pain, but surveillance footage shows them walking in a mall for an extended period, it can severely damage their case.
During the discovery phase, insurance lawyers may present a list of activities captured on surveillance and question the plaintiff about their capabilities. Any discrepancies between the plaintiff’s responses and the surveillance footage can further erode their credibility. To mitigate these risks, it is crucial for plaintiffs to provide precise and truthful information to their doctors and during discovery.
Prior Medical History Considerations
Before questioning the plaintiff, insurance lawyers typically request the plaintiff’s medical records from the past three to five years. When asked about their health history, many plaintiffs inaccurately claim they have had “excellent” health, neglecting to mention prior issues such as neck or back pain. Often, this omission is unintentional, but it can create the impression that the plaintiff is concealing information, further damaging their credibility.
The Broader Challenges of Chronic Pain Cases
Credibility is a significant hurdle for plaintiffs in chronic pain cases, but it is just one of many obstacles. Jurors may struggle to comprehend how an injury without objective findings can result in severe pain. It is crucial to remember that the success of a case often depends more on the plaintiff’s presentation than on the lawyer’s arguments. A credible and likable plaintiff can significantly enhance the likelihood of a favorable outcome.
Legal Support Available
The attorneys at Singer Kwinter possess extensive experience in assisting claimants with their claims against insurance companies. They collaborate with medical professionals to support their clients and provide the necessary legal guidance. With nearly 50 years of handling personal injury cases, Singer Kwinter is well-equipped to advocate for those suffering from chronic pain.
Disclaimer
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