Chronic Pain Is Hard to Prove in a Lawsuit

Pain remains an unfathomable phenomenon. Even with the advances in technology over the years, a tool that we could call a “pain meter” has not come into full existence. Thus, when someone in pain expresses how he or she feels, no one can perfectly validate the intensity of the pain.

Although pain has long been one of the determinants in awarding damages, it is also one of the most contested components in any personal injury case. There are many factors that may trigger pain, some of which may be related to a prior injury.

Unfortunately, a few people fake pain, not realizing the negative effects of their actions on others, who are validly and badly injured. As a lawyer for injured people, it can be difficult to rip that doubt out of the minds of defendant lawyers.

Back problems and human backache pain with an upper torso body skeleton showing the spine and vertebral column in red highlight as a medical health care concept
Back problems and human backache pain with an upper torso body skeleton showing the spine and vertebral column in red highlight as a medical health care concept

This puts people who are honestly and badly hurt in a quagmire. You could just imagine how someone truly debilitated by pain struggles in court to prove that the experience is real and not just a product of mental fabrication. Take, for instance, the case of a truck driver named Carl Koch.

In a work-related accident in 2005, Koch sustained first-degree and second-degree burns on his face down to his right arm. Koch was standing close to his truck’s tanker of molten tar when the connection of a hose suddenly broke. Splashes of 300-degree tar caused his burn injuries.

Intensive treatment had successfully alleviated the onset severe pain. Unfortunately, about two years later, Koch complained of unresolved pain to his right arm. It was established by his pain manager that he had “chronic neuropathic pain” due to damaged nerves—a long-term effect of the tar accident.

When he filed a lawsuit against his employer, he was accused of fabricating or exaggerating the intensity of his pain. The accusation was like another blow, literally adding insult to his injuries.

Determined to prove his case, Koch’s team resorted to a brain scan called fMRI, or functional magnetic resonance imaging. The technology is believed to capture specific brain locations that become activated when the body experiences pain. While on the verge of losing after several turndowns by laboratories, the fMRI was performed by a physician who advocated herself as a neuroscientist. Although the defendant strongly questioned the admissibility of the fMRI as piece of evidence, both parties eventually agreed to an $800,000 case settlement.

The technology used in Mr. Koch’s case likely played a vital role leading to the case settlement. But this is cutting-edge technology that is expensive and not accessible to everyone.

If you have been injured in a car wreck, you need an attorney who is skilled at fighting for your right to compensation. With The Sandler Law Group, you can always ASK ABOUT IT! Call us toll free at 800-9-THE-LAW or (757) 627-8900 to schedule an initial FREE consultation. You may also contact us online at www.sandlerlaw.net or by email at GSandler@Sandlerlaw.net.

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