Many injured persons who suffer from permanent injuries resulting from an accident must continue to perform their daily functions in order to care for themselves and/or their families. However, these permanently injured persons must function with pain and perform tasks slowly or differently in order to compensate for pain.
Despite the presentation of objective medical evidence in the form of positive diagnostic test results and/or long-term treatment as proof of permanent injuries, defense attorneys will nevertheless argue to the jury that the injured person’s ability to perform daily functions shows that the injuries are minimal or temporary.
One of the ways to maximize an injured person’s pain and suffering recovery is to present credible witnesses during trial who can talk about their observations of the injured person’s pre and post accident functional disabilities. While the most credible witnesses in this regard are supervisors and co-workers, family members and friends (who usually provide care to the injured person) who are naturally most knowledgeable of the injured person’s functional limitations resulting from an accident. Further, jurors can certainly sympathize with family members and friends who are directly impacted by the injured person’s disabilities.
Therefore, presenting as many witnesses as possible who can talk to the jury about their observations of the injured person’s pre and post accident functional limitations will increase any recovery for the injured party.