Seattle Personal Injury Attorney Chris Thayer
Seattle Personal Injury Attorney Chris Thayer
Handling Personal Injury Claims in the Seattle Area and Throughout Washington Since 1995

My name is Chris Thayer and I am a personal injury attorney practicing in downtown Seattle. I handle personal injury, medical malpractice and wrongful death claims throughout the greater Seattle area, including Issaquah, Mercer Island and Kirkland.

I am here to help you.

Call for a free consultation (206) 340-2008

Proving Pain in a Personal Injury Case

Posted Tuesday, December 8, 2015 by Chris Thayer

A West Seattle Personal Injury Attorney on the Difficulties Associated with Proving Pain

In certain extreme examples where a plaintiff’s injuries are severe, the level of pain is less of a contested issue than in other cases. However, where the doctor testifying for the defense acknowledges you should be suffering some pain but raises doubt as to the severity you claim, your attorney needs to establish the legitimacy of your allegations.

Pain is Subjective

Unlike certain damages in a personal injury case, such as medical bills or lost wages, compensation for pain and suffering is difficult to measure. Consequently, the defense doctor may conclude that the amount, frequency or intensity of the pain you claim is out of proportion to the injuries you sustained. However, there is no definitive medically accepted way to measure pain, and it is indeed subjective; only you know how you feel.

Lack of Proof for the Defense Doctor’s Assertions

If your attorney can demonstrate a lack of proof for the defense doctor’s assertions that your pain is not as bad as you claim, this can work to your advantage. One technique is to ask the doctor if he or she researched the question of how much pain the exact injury you sustained typically causes. Since pain cannot be quantified in this manner, it is very likely no such research exists. Another technique is to ask the doctor, for example, how much pain is likely to be present on a scale of one to ten. Whatever the answer, a follow-up question should query whether the pain is less at times. The doctor will almost certainly answer in the affirmative. Your attorney can then suggest if that is so, then is it just as likely that the pain is sometimes greater; the doctor will be hard pressed to disagree without seeming to be contradictory and therefore less credible.

Contact a West Seattle Personal Injury Attorney for Legal Advice

Damages for pain and suffering can be more difficult to prove but are an important component of personal injury compensation. To maximize your recovery, call Chris Thayer, Seattle injury lawyers group, at (866) 884-2417.