Best Practices For Litigating Chronic Pain KS And Fibromyalgia Cases

By Karen Williams


For many years, plaintiffs suffering from constant ache and fibromyalgia have been subject to ridicule by insurers as well as the Courts. Some of the skepticism towards such plaintiffs was alleviated by the Supreme Court of Canada. Have a look at the following article taking us through the theme Best practices for litigating Chronic Pain KS and fibromyalgia cases.

We have learned that the primary solution we need to live with pain is medication to minimize hurt. We tend to treat conditions that cause ache as though the pain is the cause of the condition. Therefore, if we only get rid of the hurt from that condition, then our ability to live with the condition will be sufficient for quality living.

Whether in the context of a lawsuit involving a third party insurer, or a long-term disability ("LTD") policy with a first party insurer, lawyers depend on the use of experts to assist in demonstrating that their client is suffering from a serious condition or disability that is impairing their ability to work and live their lives without constant pain. It is important for lawyers to understand the difference between strategies for proving disability in the LTD context from those cases involving third-party insurers.

In either context, choosing the best medical experts to evaluate the client and knowing how to use them to most effectively advance the client's case are essential components of any personal injury law practice. Since every client is unique and because constant ache and fibromyalgia are essentially subjective medical conditions, each case will require its strategy based on the unique circumstances of the particular client.

However, with constant hurt, the brain is confused. It cannot identify which input is which. With constant hurt, many sensory inputs look similar to the brain. The computer cannot tell the difference between the Enter key or mute button. For simplicity, I refer to this as sensory assimilation. But in neurophysiology, this process is called central nervous system centralization.

Also, if there is not sufficient strength and flexibility, we may experience ache or discomfort. Whenever we are not experiencing pleasure and freedom from our bodies, then there is a problem. We have to ask ourselves this sequence of questions: "I'm experiencing ache. What condition exists that my body would be giving me a soreness signal? What did I do to create those conditions? How can I reverse my behavior to alter the conditions so that I will experience pleasure, freedom, and ability instead?"

In non-LTD actions involving pain-associated disorders, lawyers litigating these cases must possess a complete picture of the plaintiff's pre-accident history. A contrast must be drawn between the plaintiff's life before the accident and the significant changes that have occurred since the accident in areas such as physical and mental health, employment, recreational and social activities and personal relationships.

With this understanding, you can make this assertion: What makes a suspension bridge healthy is a balanced cable assembly, supported by a sturdy and dynamic frame. The frame and the cable assembly are truly two essential aspects of the same mechanism. One cannot coexist in a dynamic environment without the other. Our bodies have a similar process. Structurally, we have our support beams in the form of our bones.




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