After suffering an injury from a car accident, however mild or severe it may be, you must learn how to live life with your injury. It is important to remember that no matter how frustrated you become, some of these effects will only be temporary. Although, you may need to learn a ‘new normal.’
Initially, you may experience a period of denial where you’re unable to realistically assess what could be your reduced performance levels. Given my injury, I was no longer able to achieve my pre-injury performance where I had consistently exceeded expectations.
Unfortunately, depending on the severity of how your injury may impact your work performance, it could pose a threat to your case. The defense will use whatever new challenges you face at work as a litigation advantage.
“You may be placed in a “no-win” situation. If you cannot return to work, his [the defense attorney] bargaining position has improved due to your lack of limited resources to live on. Also, his experts will likely opine you are a malingerer. If you do return to work, even under duress and in pain, he will argue you did not suffer economic damages as you continued to be “employable” post-injury.”
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Above quote excerpted from Plaintiff 101: The Black Book of Inside Information Your Lawyer Will Want You To Know.