How Do You Define Pain and Suffering in An Automobile Accident Claim?

Is it like what a Justice on the US Supreme Court once said when asked what is pornography? He said: “I will know it when I see it.” Well, that is a little crazy! But so is pain and suffering. Here are a few factors:

  • Have you had surgery and now you do not have full range of motion of that joint?
  • What if it can be documented that arthritis is developing in a joint that has undergone surgery?
  • Even if you have not had surgery have you developed leg pain due to a swollen low back disc injury from the automobile accident?

The key is to be able to measure your impairment. This can be done with a high quality Functional Capacity Evaluation combined with an MRI. Yet, insurance adjusters try to ignore this “scientific evidence.” Your lawyer has to know how to “sell” or “persuade” the claims adjuster/supervisor/manager with hard medical evidence. Documentation is key. Check out my website at www.burdineandbrown.com under the FAQ's in automobile accident cases for more details.


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