Construction workerYour injury from an auto accident was severe enough that, even after surgery and therapy, you still have pain and physical restrictions. Maybe you blew out your knee, shoulder, neck, or hand, in a way that just isn’t going to ever be the same. Even after all the doctors can do, sometimes these injuries are permanent.

How do you prove your ongoing problems to the insurance company or a jury?  Your own explanation about what you are experiencing is, of course, essential.  It may be helpful to have an expert involved who can specifically test and evaluate your remaining restrictions. One way to do this evaluation is through a Functional Capacity Examination, which takes you through a series of tasks to test and document what you can no longer do, as a result of the lingering impairment of your normal function. The Functional Capacity Examination, usually performed by a specially-trained therapist, can identify these restrictions in a way that can be compared to everyday activities and work tasks, like turning a door knob, lifting a laundry basket, box, a child, holding a wrench, going up a ladder or stairs, driving, or even typing. Then, the everyday consequences of the restrictions, both in personal and work activities, with their human and economic effects, can be better understood. And, if the restrictions really derail your ability to make a living, an economist ,yes, another expert, can evaluate the income loss more fully.

Although not directly part of the medical treatment, a Functional Capacity Examination, followed by an economic analysis, can help show the full consequences of your ongoing restrictions.

Of course, I am talking about Arizona law, this general information may not be right for your specific claim, and is not legal advice. I’d be happy to talk to you, so give me a call at Davis Miles McGuire Gardner, 480-733-6800, or reach me at kfine@davismiles.com. You can also get my book, Arizona Auto Injury Claims, at www.autoinjurybook.com.

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