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The definition of chronic pain reveals why an insurer might seek to deny the existence of certain damages that need to be compensated. Chronic pain continues after the normal healing process for a given injury has come to its conclusion. Neither the pain’s location nor its intensity gets considered, in a case that centers on a victim’s claim of pains that never seem to end.
Ongoing pains could be localized, or they could trigger a painful sensation over a widespread region of the body. At the same time, such pains could be either mild or unbearable. A pain’s existence could even be one that comes and goes on an intermittent basis. In some legal systems, chronic pain has been recognized as a serious and permanent physical condition. Even in our system, a good Personal Injury Lawyer in Brantford should be able to link a client’s pains to a condition that resembles the state of outright impairment.
Strategies that lawyers use, in order to prove the existence of ongoing pains
Testimony from experts gets presented on the witness stand. The expert could give a scientific interpretation of how the painful sensations get created. Alternately, the expert’s background could support a claim that a given action has the ability to trigger pains such as the ones that an accident victim might have complained about.
• Victim’s own comments about any pains, as recorded in a diary: Details, regarding time and length of each painful sensation.
• Provide lawyers for defendant with medical records that manage to underline the chances that the injured plaintiff might develop an ongoing or recurring pain.
• Testimony offered by friends or family members. These people would be able to speak about events that took place in home or in another location to which no investigator could gain access.
• Evidence that the victim has purchased pain medication, or statements from a witness that has seen the victim taking pain medication.
Possible challenges to claim of ongoing or recurring pains
Insurer might insist that claim has been fabricated; in other words, the victim does not really feel any pain. Insurer might suspect that the victim’s claims have been exaggerated. Pain has been made to seem severe, when it is not, or has been described as chronic, when it appears occasionally. What the victim describes as intermittent could get repeated at a rate that the insurer describes as occasional.
In the absence of a lawyer, any victim will find it difficult to deal with the challenges raised by the defendant’s legal team. That fact calls attention to the importance of legal counsel, when you are in pain, and few people seem to think that you could possibly be suffering from such unrelenting pains.