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Unseen, but not unreal: it's human nature to trust what we can see and doubt what we can't. Clients and jurors need your help to identify and understand invisible injuries.

Article Excerpt
Many jurors find it hard to accept the validity of injuries they can t see, especially those not well supported by objective medical evidence. Nonetheless, these injuries are real, and treatment costs can be hundreds of thousands of dollars. Plaintiffs suffering from these injuries often endure lifelong pain and are unable to lead normal lives. This can lead to severe depression and even suicide.

As a plaintiff lawyer, you have a responsibility to help your clients recover all damages--past and future--that they deserve. But how can you recover fully for your clients if even they are not aware of the extent of their injuries or refuse to acknowledge them? How can you recover future damages if you cannot convince jurors that your client's unseen pain is real and substantial?

You cannot help your client or a jury understand the extent of the client's invisible injuries--physical and emotional--if you don't understand them yourself. The most common physical injuries include

* closed-head injury--a blow to the head that causes a minor concussion, though the patient appears to recover within hours or days; possible long-term effects including compromised mental efficiency, inability to focus or concentrate, slowed mental processing, loss of ability to multitask, fatigue, depression, and anxiety

* fibromyalgia--symptoms include chronic, widespread pain accompanied by fatigue

* chronic fatigue syndrome--an often debilitating disorder characterized by fatigue, pain, and cognitive disorders

* reflex sympathetic dystrophy or complex regional pain syndrome--a disorder of the sympathetic nervous system, characterized by chronic, severe pain without apparent cause.

The most common emotional injuries include

* post-traumatic stress disorder--an often debilitating condition stemming from traumatic events (generally violent) where a person emotionally relives the events and is unable to function normally (1)

* loss of enjoyment of life (2)

* loss of consortium.

Associations and foundations that conduct research on, and help those affected by, invisible injuries often provide useful information on their Web sites. (3) Many sites include easy-to-understand overviews, medical and technical papers, illustrations (many of which are useful in court), statistics, and links to health care professionals knowledgeable about the injury (potential expert witnesses) and local and regional associations.

Sometimes an injury is not apparent but can be recognized by the way a client feels and acts. Anxiety, depression, and inactivity are common symptoms for adults. Children and the elderly often have different symptoms, such as loss of focus, confusion, the inability to study, and failure to thrive. Anger, alcoholism, and drug abuse are common coping mechanisms.

Enlightening clients

I used to wonder why some people need help to identify their own pain. If they hurt, don't they know they hurt? Not necessarily. After seeking help from unsympathetic health care providers and listening to well-intentioned friends and relatives, people may dismiss their pain as being "all in their heads."

Also, clients may not discuss their pain if they think it is just part of life,...

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