Section 5 Client’s Representation of the Extent of the Injury

• Library: Damages 2012

A frank discussion should be had with the client concerning either exaggerating or minimizing the extent of the client’s injury. The client should be told in no uncertain terms that complaints of pain, although subjective, are still subject to verification. For example, a client who is claiming a back injury should know that opponents will be searching past medical records for any hint of a preexisting back condition. Clients should be told that, during the course of the litigation, they might be subject to...