Damages: It’s the Little Things (Part 2)

Here are some more examples of the little things that add up to a lot:  

When they go to bed, it’s hard to get and stay comfortable, they toss  and turn all night or they wake up with spasms that last for hours, if not  days. When they roll out of bed, they have to be careful not to twist  wrong. They have to be careful with brushing their teeth to avoid a  stinger. The vigorous back and forth can cause a catch. When they pull  on their shoes or tie them, the reaching is risky and throbs for a while.  When they drive, they have to be careful not to turn their head too far  and for too long looking for blind spots or they’ll lock up. At work, they  don’t stay in one position long, it’s a mix of standing and sitting to keep  the pain at a minimum. Picking up groceries, briefcases, kids is risky.  Exercising or sports are toned down or there will be consequences,  which they accept a lot of times so they don’t have to go so easy. Using  a heating pad is now the norm. Choices are made so often it’s like  autopilot now, do or don’t do. Sometimes they do and let the pain go  up. Sometimes they don’t, because they aren’t up to dealing with the  increased pain. The pain or discomfort is always there in the  background, often it is front and center. That is their new baseline. It  wasn’t like this before. She tries not to think “what if that car hadn’t hit  me”, it makes her sad.  

Some version of this story is what clients deal with who have pain that  must be managed. You cannot tell this truth, if you don’t give them the  assignment to pay attention and make a list of all the little things for  you. It’s a story that must be told, you owe it to the jury. This is not  about missing a weekend of golf or skiing. This is about all those  moments that add up to an enormous loss over the years.