Using Medical Personnel and Records to Document Pain and Suffering

As a car and truck accident injury lawyer, in proving the pain and suffering aspect of a client’s case, we may call as witnesses those professionals involved in the care and treatment of our client if we feel that these professionals can help our case.

While doctors tend to be clinical and objective, their nurses and office staff can be excellent observers of our client’s physical and emotional condition. These staff people typically see our client during both the acute and chronic phases of the recovery process. They may be in a position to describe the impact of the injuries on the client from the perspective of a neutral observer.

Because of their relationship to the doctor and the “official” setting in which they see our client as a patient, they may carry with them a mantle of authority lacking in lay witnesses who are relatives or close friends of our client.

How Medical Records Support Objective Pain and Suffering Evidence

Medical records provide another source of “objective” evidence of pain and suffering. Nurses’ notes in hospital records frequently document the pain levels experienced by the client during periods of hospitalization. The records of physical therapists involved in the rehabilitation process with the client are also rich sources of information graphically detailing the client’s struggle to get better.

The prescription record of the hospital, which documents the types, frequencies, and dosages of medication given during the period of hospitalization can also demonstrate our client’s pain and suffering. These records can provide a perfect opportunity for us to discuss with the treating physician, in the presence of the jury, the nature of the pain medications prescribed and the reasons underlying the dosages and administration frequency. Certainly the physician would not prescribe such medications without honestly believing that the client was in pain. Post-hospitalization medication records, available from the pharmacies filling the prescriptions, can serve the same purpose.

Priests, ministers, and other religious leaders are almost always viewed as honest and trustworthy. Their observations of our injured client both before and after the injury-causing event can be very helpful in establishing the nature and severity of the injuries sustained. These witnesses may be in the position to discuss our client’s emotional response to the physical pain. They may also be able to discuss the effects of the injuries on the family unit.

Family Dynamics

As your attorney, I understand how injuries affect family dynamics.  It’s important that jurors also understand these changes.  If the injured person is the breadwinner, there may be a significant strain on the family finances.  If other family members must spend considerable time in the rehabilitation efforts of the injured person and helping him or her get around, this can also affect family dynamics.

Calculating Damages for Pain and Suffering

In preparing for your trial we document not only the actual damages suffered to date and those likely to be incurred in the future, but also how we believe jurors should calculate pain and suffering damages for you.  This is the best way to maximize your recovery for an accident.

For a Free Private Consultation to Learn More About the Compensation That May Be Recoverable in Your Case, Please Call Our Firm

There is no obligation for this consultation, and when we meet with you we can discuss the merits of your case and the types of damages that may be recoverable.  There is no fee that will be owed to us unless and until we recover compensation for you.

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