Hard-to-Prove Personal Injuries: Practical Strategies for Establishing Complex-but-Unseen Injuries

This CLE webinar will offer practical guidance for overcoming the challenges in some of the hardest-to-prove personal injury cases that every personal injury lawyer encounters on a regular basis.

Injuries that cannot be seen, sometimes called "invisible" injuries, such as damage to joints and ligaments, soft tissue, chronic pain, or brain injuries, are some of the most complex and debilitating and also some of the most difficult to prove. Often, symptoms of injury take days or longer to show up (and may fluctuate), are not diagnosed with definitive testing, and may be subjective in severity. The difficulty is exacerbated if the accident that caused the injuries did not produce significant visible damage to property or the person.

These types of injuries are also easy to dispute, and defense counsel will be looking for inconsistencies and gaps by comparing the plaintiff's symptoms, diagnosis, and treatment with the claimed damages. Plaintiff's counsel must strive to disappoint them. Likewise, defense counsel will look for evidence that the plaintiff's conduct belies the injuries. When an injury is primarily subjective, such as chronic pain or decreased range of movement, credibility becomes everything.

Listen as our expert panel discusses diagnosing and documenting complex but unseen injuries, what types of witnesses and testimony are most persuasive, how to prevent plaintiffs from inadvertently damaging their credibility, and how to prevent real harm from going uncompensated.