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Professionals in the field of medicine do not question pain’s existence. Indeed, such professionals define chronic pain as any painful sensation that lingers for 3 to 6 months, after an accident victim has recovered from all the most obvious physical symptoms of his or her injury. Despite the persistence of those sensations, not one of them can be seen or experienced.
Consequently, the same victim often has trouble convincing others of the debilitating pains that restrict his or her movements. When such victims hire a lawyer, the Personal Injury Lawyer in Barrie must accept the challenge of proving the existence of the client’s chronic pain. It then becomes the lawyer’s job to produce evidence, in order to support the client’s claims. Although a painful experience cannot be captured in a picture, a good lawyer can dig up some convincing evidence.
Sources of evidence available to an injury lawyer
A diary or journal that has been created by an injured client. In that small document, the victim/client can record each time when a painful sensation has disrupted the victim’s daily life. One entry might mention what activities could not be enjoyed by the unrelenting pains. Another entry might highlight what movements could not be completed, owing to the existence of the ongoing pain.
By obtaining a client’s medical records, an injury lawyer can learn what treatments or medications were prescribed, and which of those proved effective. If none proved effective, then that would work to support the claims about the pain’s chronic nature. If the pain seemed linked to a patient’s strained muscles, the doctor could order a specific test. Utilization of shear wave ultrasound could test for the extent of muscle strain. Those measurements could be confirmed by the ones obtained by using shear wave elastography.
A good injury lawyer would take the time to locate a medical expert on pain. Such an expert has studied numerous cases. He or she knows how different injuries can make the affected patient more susceptible to a variety of pains. The same expert would be able to share his or her expertise, when testifying to a jury.
The most convincing evidence would come from those friends, family, neighbors and co-workers that had seen what the now injured victim could do, before being harmed, during the course of an accident. Their testimony could back-up comments in any diary or journal, which might mention difficulty completing a given movement.
Evidence of someone’s inability to complete a given movement comes as close as possible to proof of the body’s response to painful sensations. Proof that the same movement had been performed successfully, before the accident would work to support any victim’s stated claims, regarding the existence of chronic pain.