Have you ever wondered how does an insurer, a jury or a judge manage to assess the pain level of a plaintiff? If it’s not visible on the MRI scan, how can the court really know how much pain the claimant feels? Furthermore, what is to stop someone to make a claim that he’s thoroughly disabled by lying to the Court and to his doctor as well? How can you be sure that someone is telling the truth when he attests to his pain levels?
These are all particularly cogent and reasonable questions. However, whether you believe it or not, the way personal injury claims as well as long term disability claims work in Canada make it rather hard for someone to actually fake it.
To start with, you would have to be able to distinguish objective and subjective injuries. The former is an injury which is going to have some sort of visual representation on your body. A broken bone, a wound and any other sorts of physical injuries that you can think of – all of these are objective injuries. All of them are going to show up on the x-ray or MRI and even if they are not visible for the naked eye like a hematoma of the brain, for instance, their nature does not change.
However,subjective injuries are those which would not be visible on scans, MRIs, x-rays and so forth. They can’t be perceived by the human’s eye. Some injuries could show up after a battery of consequential psychological examinations. Common examples include depression, fatigue, memory loss, anxiety, loss of concentration and chronic pain. These are never going to appear on any x-ray and they can’t be physically perceived.
This is the main reason for which the jury and the judge is going to require actual, physical evidence that you are suffering from them. Remember those subjective conditions that we just mentioned? Guess what – they are determined through a series of tests. The judge is going to require those tests in order to make an informed conclusion. What is more, the court is capable of requiring an expert to attest to the condition of the claimant.
So, if are still under the illusion that you can actually fake chronic pain, for instance, you can’t be farther away from the truth. Not only is that impossible, but it’s also going to be costly and potentially illegal. However, keep in mind that if you are going through a subjective injury of the kind and you want to claim it, your say-so is definitely not going to be enough. You have to have the materials to back it up in court through solid evidence.
It is best to hire a good lawyer that can substantiate your claims with the assistance of medical and health care professionals. Faking anything does not work as there is a battery of tests and pain management specialists that can differentiate between a real and fake claim.