How To Convince A Jury That It Hurts

Injury Lawyer Personal Injury Faq's

Even though lawyers might not feel each victim’s pain, an attorney may have to convince a jury that his or her client does suffer chronic pain. Of course, a good attorney focuses first on proving that the other party was negligent, and that the same negligence caused the client’s injury. Only after proving that particular fact will a Injury Lawyer in Oakville seek to show that a client’s injury represents a source of pain.

The challenging features of pain

The medical industry has no way of measuring the extent of pain experienced by a single patient. That fact causes problems for the people that admit patients to a hospital’s emergency room. Those with the most pain should be seen first. The admitting nurse might show the patient a series of faces, with the face at one end having a smile; while the face at the opposite end seems like that of a person that suffers painful and agonizing sensations.

The admitting nurse asks the patient to point to the face that matches with his or her level of pain. The patient’s choice is recorded. That then, goes on the record as the degree to which pains have affected the admitted patient’s life. Even though ongoing pains cannot be measured, it can still become the reason for an accident victim’s permanent inability to carry out all the day-to-day activities.

In a courtroom, a lawyer cannot use such an approach. Still, the members of the jury do have to gain an understanding of how pains can persist, even after a visible injury has healed. That is why a good attorney must have a well-planned strategy.

How does a lawyer convince a jury that a plaintiff suffers terrific pain?

First, the lawyer makes sure that the court and the jury have a chance to examine all of the plaintiff’s medical records. That record should include mention of all the treatments that have been tried.

Next the attorney seeks to strengthen the message in the submitted records. In order to do that, the members of the jury should have an opportunity to read the plaintiff’s diary. That should be one in which the plaintiff explains how he or she feels. It should also make mention of the times when painful sensations prevented the accomplishment of some task.

The diary might make mention of friends, family members and co-workers. Any one of them could then be asked to offer testimony to the jurors. Their testimonies should substantiate what has been written in the diary.

The lawyer’s final trick should involve more testimony, but the sort that comes from a group of experts. Most of those experts would probably come from the group of men and women that are members of the medical profession. Ideally, their words would be able to explain to the jurors how painful sensations can persist; even when all of a victim’s other injuries have completed their healing process.

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