You’ve been seriously injured. You have seen the doctors. You have received medical treatment; taken your medications and perhaps you have even had surgery. There are probably lots of medical records and bills that document and describe your diagnosis, your levels of pain, and the amount you owe in medical bills you have incurred and may incur in the future. Is that enough to prove the true nature and extent of your bodily injuries to support your claim for damages to an insurance company claims representative or a jury that will decide the value of your case? Will large medical bills and testimony about lots of pain bring the monetary compensation you deserve for everything you have gone through after a terrible accident? The answer is no.
You are more than a “case.” You are more than a diagnosis or a condition. The impact of your injuries on your life, your activties of daily living, and your ability to pursue your interests to the fullest is powerful information. A jury has difficulty relating to your testimony about how much pain you feel. They can, however, relate to and understand your stories about how that pain affects your ability to provide for your family; the guilt you feel about letting down your family, friends and employer by not being the person you used to be; the worry you feel about your future; your description of what its like during long nights alone when you cannot sleep because of worry or because every time you roll over in your sleep the pain wakes you until you realize that trying to go back to sleep is just a waste of time. All human being relate to these true and authentic verbal illustrations of what it is like to live within your skin. This information takes the dry information in medial records and takes it to a higher level of truth, honesty and believability that a judge, jury or even insurance claims representative will relate to and can rely upon to support a larger damages settlement or verdict.
Your efforts to prepare for this important testimony starts at the beginning of your case. It is not just for trial. You need to express this to your doctor so that this information makes it into your medical records. Talk to friends and family members about how you feel so that their understanding of how badly your injuries have affected you can be told in their testimony. This should include your employer and co-workers. It should be provided in your answers to interrogatories and in your deposition. By the time your case gets to trial, if it is not already settled for a good amount, you will be prepared to enlist each and every juror to argue for you in the jury room to reach a verdict that does true justice for you and your cause.
John P. Rosenberg has been representing clients
who have suffered serious personal injuries and
accidents for...Read More