Pain is the constant companion of many Central and Syracuse New York accident victims. Believe me, as a Central and Syracuse New York personal injury lawyer, I know! Let me give you a “for example”.
The other day I took the trial testimony of an orthopedic surgeon who performed a type of surgery, called a “diskectomy and fusion”, on my client’s cervical spine. The sole purpose of this operation was to chase the pain out of her body. It was a gruesome operation consisting of slicing open the patient’s neck, peeling back the skin and muscle, exposing the vertebra, shaving off two of the spongy discs that separate the vertebral bodies, replacing the discs with cadaver bone, and then screwing in a metal plate to hold the whole mess together.
There are many risks involved in the procedure, including stroke and paralysis. But my client gladly underwent the operation. And the fact that my client was willing, in fact eager, to go under the knife is the best evidence I have as to how much pain she must have been in. No one on the jury will be able to feel her pain, but the operation she was willing to undergo in the hope of removing at least some of it will make them understand, I hope, how intense the pain was.
Before agreeing to let her surgeon cut her open and monkey around with her spinal column, my client had tried every other medically approved neck pain treatment plan, all to no avail. My client lived in pain. Her pain would wake her at night, greet her in the morning, and take her to bed again at night. Her pain was like an uninvited dinner guest. My client tried many times to “disinvite” this guest, to no avail. I sometimes visualize the surgeon as the cop my client called to arrest this vicious intruder.
The operation did relieve some of the pain, and even relieved most of it for a few years, but, like an obsessed ex-boyfriend, it eventually showed up again on her doorstep again. That’s what chronic pain is, really: a stalker.
Don’t get me wrong; the people who opened the door to let this intruder, pain, into my client’s body, did not do it on “on purpose”. It was an “accident”. They were negligent, careless, in causing the accident, not deliberate. My client is not seeking revenge. She is seeking justice. New York personal injury law, and justice, requires that the responsible parties pay for their mistake by compensating my client for her lost wages, medical expenses and, yes, her pain. Our law requires that those who act negligently or carelessly, and thus cause innocent others to suffer injuries, must fully compensate their victims. That’s why people and companies have insurance; to fairly compensate victims of their mistakes.
Email me at: firstname.lastname@example.org I’d love to hear from you!
Michael G. Bersani, Esq.
Central NY Personal Injury Lawyer Michaels & Smolak, P.C.