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(CBC)   Protip: If your lawsuit claims 'chronic pain and diminished ability to enjoy life' it's probably best to keep those vacation pics off facebook   (cbc.ca) divider line 52
    More: PSA, Supreme Court of British Columbia, University of Victoria, supreme court cases, Tamara Fric  
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7035 clicks; posted to Main » on 02 May 2012 at 9:54 AM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-05-02 08:51:44 AM
The B.C. Supreme Court has ordered a former Victoria law student to hand over pictures from her Facebook site

I'm glad this stupid woman is no longer a law student. She obviously knows nothing about it.
 
2012-05-02 09:59:27 AM
What a dumb motherFARKER, that is for sure.
 
2012-05-02 10:04:36 AM
You could argue pics sitting poolside, but scuba diving and wakeboarding will fark you.
 
2012-05-02 10:04:56 AM
Her own petard.

She was hoisted by it.
 
2012-05-02 10:04:58 AM
Right. And if you lose your legs in an industrial accident, don't go on vacation since cripples can't visit places and are incapable of doing anything except being charity recipients.
 
2012-05-02 10:07:30 AM
Tamara Fric was a first-year student at the University of Victoria in 2008 when the vehicle she was in was rear-ended by a car owned by Tracy and Stuart Gershman.

Fric is suing the Gershmans, claiming the accident has left her with chronic pain and a diminished ability to enjoy life and earn a living.



What most people, and myself are thinking:
What? It's not like having chronic pain means you'll never have a good time again! So what if she's happy in a picture with her friends or family?


But the defendants believe pictures on Facebook that allegedly show Fric on vacation, hiking, scuba diving and wakeboarding might contradict the lawsuit's claims.


What most people are now thinking:
Whoops. Nevermind, fark that greedy biatch's bullshiat lawsuit.
 
2012-05-02 10:08:09 AM
I think a good rule of thumb for all would be that if you are aware that you may be in any type of litigation soon, just delete your FB for the duration of it.
 
2012-05-02 10:09:15 AM
Perfectly normal for vacation pictures to be requested during discovery. And while it may look pretty bad, and probably doom her case, it is not uncommon for a person claiming chronic pain from injuries to engage in physical activities. It's when you say you "can't" do something, period, and then later get caught doing it that will really fark your case up.

But yeah, she was pretty stupid.
 
2012-05-02 10:11:39 AM

mongbiohazard: Tamara Fric was a first-year student at the University of Victoria in 2008 when the vehicle she was in was rear-ended by a car owned by Tracy and Stuart Gershman.

Fric is suing the Gershmans, claiming the accident has left her with chronic pain and a diminished ability to enjoy life and earn a living.


What most people, and myself are thinking:
What? It's not like having chronic pain means you'll never have a good time again! So what if she's happy in a picture with her friends or family?


But the defendants believe pictures on Facebook that allegedly show Fric on vacation, hiking, scuba diving and wakeboarding might contradict the lawsuit's claims.


What most people are now thinking:
Whoops. Nevermind, fark that greedy biatch's bullshiat lawsuit.


I would like to wholeheartedly endorse the above post.

/or "this"
 
2012-05-02 10:11:50 AM
I have chronic pain from an injury that has diminished my quality of life, yet I still go on vacations. I can even do all those things listed in the article, provided I'm willing to sit in a wheelchair for three to four days hopped up on vicodin afterward.
 
2012-05-02 10:12:10 AM
like
 
2012-05-02 10:14:16 AM
my wife has back problems, chronic pain, + 3 neurological diseases. we go on vacation and she smiles in pictures. Doesn't mean she doesn't suffer from her problems. It's called smiling thru the pain, and not wanting to be a debby downer and deny others the rest of the family the ability to enjoy a trip.
 
2012-05-02 10:15:06 AM
In court she could simply say "Those smiles are simply my way of trying to keep the love of the people around me as I ached and suffered"

You know, go the full emo.
 
2012-05-02 10:17:56 AM

mongbiohazard: Tamara Fric was a first-year student at the University of Victoria in 2008 when the vehicle she was in was rear-ended by a car owned by Tracy and Stuart Gershman.

Fric is suing the Gershmans, claiming the accident has left her with chronic pain and a diminished ability to enjoy life and earn a living.


What most people, and myself are thinking:
What? It's not like having chronic pain means you'll never have a good time again! So what if she's happy in a picture with her friends or family?


But the defendants believe pictures on Facebook that allegedly show Fric on vacation, hiking, scuba diving and wakeboarding might contradict the lawsuit's claims.


What most people are now thinking:
Whoops. Nevermind, fark that greedy biatch's bullshiat lawsuit.


As someone with chronic pain, I agree wholeheartedly. Hiking, scuba diving, and wakeboarding? People with true, disabling chronic pain can only DREAM of doing those things. Fark that greedy biatch. You don't have chronic pain, and your lazy (except for recreational activities, of course) ass can certainly work.
 
2012-05-02 10:18:43 AM
Let me play Devil's Advocate for a moment here.

Hiking:
Most people are probably picturing her scaling a cliff face, but this could simply be walking on a non-paved surface

Scuba Diving:
Swimming has been proven effective in rehabilitation, and is quite common nowadays

Wakeboarding:
This one is a little tougher than the others, but who's to say she didn't load up on painkillers beforehand?

I realize the suit is probably BS, but it's not that far of a stretch to suggest that her ability to enjoy life has been compromised because she needs half a bottle of meds before doing physical activities.
 
2012-05-02 10:19:13 AM

lostinjersey: my wife has back problems, chronic pain, + 3 neurological diseases. we go on vacation and she smiles in pictures. Doesn't mean she doesn't suffer from her problems. It's called smiling thru the pain, and not wanting to be a debby downer and deny others the rest of the family the ability to enjoy a trip.


Is this before or after the wakeboarding and scuba diving?
 
2012-05-02 10:19:20 AM

lostinjersey: my wife has back problems, chronic pain, + 3 neurological diseases. we go on vacation and she smiles in pictures. Doesn't mean she doesn't suffer from her problems. It's called smiling thru the pain, and not wanting to be a debby downer and deny others the rest of the family the ability to enjoy a trip.


yeah, but people with "diminished ability to enjoy life and earn a living" don't go scuba diving. That's some serious exercise right there...if you've got back problems, you ain't scuba diving. Or wakeboarding...
 
2012-05-02 10:19:55 AM
I could see hiking and even SCUBA diving, but wakeboarding? Come on.
 
2012-05-02 10:21:21 AM

ihatedumbpeople: .if you've got back problems, you ain't scuba diving


Tell that to my father and my dive instructor.
 
2012-05-02 10:22:53 AM

Copper Spork: Right. And if you lose your legs in an industrial accident, don't go on vacation since cripples can't visit places and are incapable of doing anything except being charity recipients.


know how i know you DRTFA?

i'm pretty sure cripples would have a hard time scuba diving or wake boarding.
 
2012-05-02 10:26:19 AM
I have chronic lower back pain, and I'm able to do those things. However, I'm not able to go for more than an hour or so. Prior to my back injury I could do those things for a whole day. So, while she may have enjoyed a vacation, it probably wasn't to the full potential that she could have enjoyed it.

/did see a lady sue someone for chronic injury. However she claimed that she always had to wear a neck brace and couldn't move her head due to the accident. Her friend turned in a photo of her parasailing. Without a neck brace.
//she lost
 
2012-05-02 10:27:38 AM

tforbes: i'm pretty sure cripples would have a hard time scuba diving or wake boarding.


Tell that to my scuba instructor, Bob. He has no arms or legs.
 
2012-05-02 10:29:22 AM

NightOwl2255: tforbes: i'm pretty sure cripples would have a hard time scuba diving or wake boarding.

Tell that to my scuba instructor, Bob. He has no arms or legs.


LOLZ
 
2012-05-02 10:31:53 AM
"Sure, let me get those for you"
*delete*
"Oh my God. Where did they go? Oh no."

What a biatch. 'Yeah, I have photos of me playing volleyball and scuba diving after I sued you for crippling me, but I don't think I need to show them to you because privacy and all.'
 
2012-05-02 10:33:58 AM
As a person who is disable and living in chronic pain I will be the first to say, don't judge a book by it's cover. Although I am in pain everyday I still trying enjoy life and do things with my family. If we are doing something, you might question if I am really disabled. However, you weren't there that morning watching me struggle to get out of bed or to see me tear up because the pain was almost unbearable the first few hours of the day. What you are seeing now is me after a few hours when the high dose of morphine has finally kicked in. And you didn't see that a half hour ago I took a percocet for the breakthrough pain the morphine couldn't touch. You also don't realize that every two hours while awake I am taking amphetamine to overcome the lethargic effects of the morphine and the lack of sleep due to the pain at night.

You might have even caught me on a good day when I was able to leave my cane at home for a change. Living in chronic pain is hell, but expecting those of us in it to become shut in's is not realistic. With that said, she is a dumbass as she knows she is going to court. Not to mention hiking, even on a good day hiking would not be possible.
 
2012-05-02 10:34:54 AM
This is why the rest of us can't have nice things -- like a disability that people actually believe you have. But nooooooo, say you have chronic pain (and can't hike or scuba dive or wakeboard because of it, for instance) and people who don't even know you are all like, "Lazybiatchmytaxmoneydiafwarglebargle" etc.
 
2012-05-02 10:53:28 AM
Ok, so aside from the point that she's probably not really all that disabled, I think the more interesting point here is the privacy aspect.

Say you had these photos in an album at home. Would they be able to force you to turn them over. And, I'm not saying many people do, but what if you actually had the privacy settings done correctly on Facebook so that only your friends and family could see the photos, the same friends and family you would presumably share a physical photo album with. What's the difference, other than using a third party to provide the album? What if she stored her physical photos in a bank deposit box? Would she have to hand them over then? Would the bank?

I mean, it seems like she's getting what's coming to her, but something seems off here. The medium may be changing, but the principle of privacy seems the same. The world is going digital. Music in a digital form is still music. Private photos in a digital form should still be private photos, no?

On the other hand, if the photos were set for public viewing, then fark it, fair game.
 
2012-05-02 11:00:05 AM

JMacPA: Ok, so aside from the point that she's probably not really all that disabled, I think the more interesting point here is the privacy aspect.

Say you had these photos in an album at home. Would they be able to force you to turn them over. And, I'm not saying many people do, but what if you actually had the privacy settings done correctly on Facebook so that only your friends and family could see the photos, the same friends and family you would presumably share a physical photo album with. What's the difference, other than using a third party to provide the album? What if she stored her physical photos in a bank deposit box? Would she have to hand them over then? Would the bank?

I mean, it seems like she's getting what's coming to her, but something seems off here. The medium may be changing, but the principle of privacy seems the same. The world is going digital. Music in a digital form is still music. Private photos in a digital form should still be private photos, no?

On the other hand, if the photos were set for public viewing, then fark it, fair game.


IANAL, but if the analog photos became known, they could be subpeonaed, just like the digital ones.

More likely the defendant would hire a private investigator to get compromising photos.

/not that kind of compromising
//you perverts
 
2012-05-02 11:05:42 AM
I suffer from chronic pain that ranges from moderate to severe. That doesn't stop me from engaging in activities, not even strenuous ones. Guess what? If I just lie in bed the pain doesn't magically get better. If I limp (isn't that what injured people always do in movies no matter where they are injured) it doesn't make the pain better. If I take painkillers to the point that I'm loopy and falling asleep then it does make the pain better, but maybe I don't want to be loopy and sleepy.

People who run marathons say that their body is screaming in pain by the time they finish. I guess they must be lying because if it hurt then they wouldn't be able to run.

They must be using video tricks and makeup for MMA fighters and boxers because if they were actually getting bruised and bleeding like that then they wouldn't be spryly hopping around the ring and smiling for the camera after a fight.

Football players (US version, not the one with the round ball) must be faking it when they are lying on the field writhing in pain because nobody can suddenly go from intense pain to zero pain. And they have to be at zero pain to be able to jog to the sidelines.

And of course nobody has ever gone to a movie or concert or any event when they had a splitting headache because it's impossible to enjoy anything in life in such a condition.

I hate people who think that if you aren't on the floor curled up in a ball and crying that it means you aren't in any pain. And I wish permanent severe chronic pain on each and every one of them.
 
2012-05-02 11:07:57 AM

animal900: Let me play Devil's Advocate for a moment here.

Hiking:
Most people are probably picturing her scaling a cliff face, but this could simply be walking on a non-paved surface

Scuba Diving:
Swimming has been proven effective in rehabilitation, and is quite common nowadays

Wakeboarding:
This one is a little tougher than the others, but who's to say she didn't load up on painkillers beforehand?

I realize the suit is probably BS, but it's not that far of a stretch to suggest that her ability to enjoy life has been compromised because she needs half a bottle of meds before doing physical activities.


When I was in the army I broke both of my feet and legs in a climbing accident ( not my fault) and walking distance and exercise in a pool was part of my recoup before going back on full active duty.
 
2012-05-02 11:08:52 AM

Inquisitive Inquisitor: I have chronic pain from an injury that has diminished my quality of life, yet I still go on vacations. I can even do all those things listed in the article, provided I'm willing to sit in a wheelchair for three to four days hopped up on vicodin afterward.


This would be why you and your team of medical experts only treat one case of a strange illness every week?

/sorry, popped in my head, couldn't stop myself
//lupus
 
2012-05-02 11:12:01 AM

Noah_Tall: I suffer from chronic pain that ranges from moderate to severe. That doesn't stop me from engaging in activities, not even strenuous ones. Guess what? If I just lie in bed the pain doesn't magically get better. If I limp (isn't that what injured people always do in movies no matter where they are injured) it doesn't make the pain better. If I take painkillers to the point that I'm loopy and falling asleep then it does make the pain better, but maybe I don't want to be loopy and sleepy.

People who run marathons say that their body is screaming in pain by the time they finish. I guess they must be lying because if it hurt then they wouldn't be able to run.

They must be using video tricks and makeup for MMA fighters and boxers because if they were actually getting bruised and bleeding like that then they wouldn't be spryly hopping around the ring and smiling for the camera after a fight.

Football players (US version, not the one with the round ball) must be faking it when they are lying on the field writhing in pain because nobody can suddenly go from intense pain to zero pain. And they have to be at zero pain to be able to jog to the sidelines.

And of course nobody has ever gone to a movie or concert or any event when they had a splitting headache because it's impossible to enjoy anything in life in such a condition.

I hate people who think that if you aren't on the floor curled up in a ball and crying that it means you aren't in any pain. And I wish permanent severe chronic pain on each and every one of them.


People who run marathons, are MMA fighters, play football, or attend social events with headaches don't file million dollar lawsuits for diminished quality of life.

Chronic pain sucks, but does her chronic pain suck enough for the amount she's suing for?
 
2012-05-02 11:28:32 AM

SweetSilverBlues: Noah_Tall: I suffer from chronic pain that ranges from moderate to severe. That doesn't stop me from engaging in activities, not even strenuous ones. Guess what? If I just lie in bed the pain doesn't magically get better. If I limp (isn't that what injured people always do in movies no matter where they are injured) it doesn't make the pain better. If I take painkillers to the point that I'm loopy and falling asleep then it does make the pain better, but maybe I don't want to be loopy and sleepy.

People who run marathons say that their body is screaming in pain by the time they finish. I guess they must be lying because if it hurt then they wouldn't be able to run.

They must be using video tricks and makeup for MMA fighters and boxers because if they were actually getting bruised and bleeding like that then they wouldn't be spryly hopping around the ring and smiling for the camera after a fight.

Football players (US version, not the one with the round ball) must be faking it when they are lying on the field writhing in pain because nobody can suddenly go from intense pain to zero pain. And they have to be at zero pain to be able to jog to the sidelines.

And of course nobody has ever gone to a movie or concert or any event when they had a splitting headache because it's impossible to enjoy anything in life in such a condition.

I hate people who think that if you aren't on the floor curled up in a ball and crying that it means you aren't in any pain. And I wish permanent severe chronic pain on each and every one of them.

People who run marathons, are MMA fighters, play football, or attend social events with headaches don't file million dollar lawsuits for diminished quality of life.

Chronic pain sucks, but does her chronic pain suck enough for the amount she's suing for?


I don't know. TFA doesn't mention the amount. And I have no difficulty with the argument that her amount of pain isn't worth X amount of money. The problem I have is the idea that pictures showing her doing something a normal person does means that she is just fine.
 
2012-05-02 11:34:25 AM

Noah_Tall: SweetSilverBlues: Noah_Tall: I suffer from chronic pain that ranges from moderate to severe. That doesn't stop me from engaging in activities, not even strenuous ones. Guess what? If I just lie in bed the pain doesn't magically get better. If I limp (isn't that what injured people always do in movies no matter where they are injured) it doesn't make the pain better. If I take painkillers to the point that I'm loopy and falling asleep then it does make the pain better, but maybe I don't want to be loopy and sleepy.

People who run marathons say that their body is screaming in pain by the time they finish. I guess they must be lying because if it hurt then they wouldn't be able to run.

They must be using video tricks and makeup for MMA fighters and boxers because if they were actually getting bruised and bleeding like that then they wouldn't be spryly hopping around the ring and smiling for the camera after a fight.

Football players (US version, not the one with the round ball) must be faking it when they are lying on the field writhing in pain because nobody can suddenly go from intense pain to zero pain. And they have to be at zero pain to be able to jog to the sidelines.

And of course nobody has ever gone to a movie or concert or any event when they had a splitting headache because it's impossible to enjoy anything in life in such a condition.

I hate people who think that if you aren't on the floor curled up in a ball and crying that it means you aren't in any pain. And I wish permanent severe chronic pain on each and every one of them.

People who run marathons, are MMA fighters, play football, or attend social events with headaches don't file million dollar lawsuits for diminished quality of life.

Chronic pain sucks, but does her chronic pain suck enough for the amount she's suing for?

I don't know. TFA doesn't mention the amount. And I have no difficulty with the argument that her amount of pain isn't worth X amount of money. The problem I have is the idea that pictures showing her doing something a normal person does means that she is just fine.


Chronic and unspecified back pain have become such litigious catch-alls anyone demanding money gets put under a microscope.

Which is awful for the folks who really do suffer from significant decreases to quality of life. Blame the scammers and ambulance chasers for that.
 
2012-05-02 11:45:52 AM
Came here for pics of the broad.
Leaving disappointed.
 
2012-05-02 12:10:03 PM

BurnShrike: The B.C. Supreme Court has ordered a former Victoria law student to hand over pictures from her Facebook site

I'm glad this stupid woman is no longer a law student. She obviously knows nothing about it.


Are you kidding? She didn't even wait to get her license before filing her first lifetime disability claim, and now she's trying to use a technicality to dodge getting called out on a potential fraud charge. As far as lawyers go, she's a farking prodigy.
 
2012-05-02 12:29:34 PM
There was a special about insurance fraud on some news network. PIs were talking about how easy FB made it to find evidence on people trying to scam insurance claims. But on the reverse of that they profiled a guy that had been injured and they tried to use pictures of him walking his dog and rolling his garbage cans to the street as proof that he was faking it.
I hurt my knee years ago as a kid, not with an arrow, and it used to bug the hell out of me but I still just played through it. It stopped bothering me years ago but now and then in the cold I will still get a twinge of pain in it.
 
2012-05-02 12:31:50 PM
UVic - speaking broadly - is a pretty good university.

If this dame is going after the moneys without backing of one of her legal profs, she's retarded. If she does have some legal advice from her profs, she probably has a pretty good case.
 
2012-05-02 12:59:48 PM

JMacPA: Ok, so aside from the point that she's probably not really all that disabled, I think the more interesting point here is the privacy aspect.

Say you had these photos in an album at home. Would they be able to force you to turn them over. And, I'm not saying many people do, but what if you actually had the privacy settings done correctly on Facebook so that only your friends and family could see the photos, the same friends and family you would presumably share a physical photo album with. What's the difference, other than using a third party to provide the album? What if she stored her physical photos in a bank deposit box? Would she have to hand them over then? Would the bank?

I mean, it seems like she's getting what's coming to her, but something seems off here. The medium may be changing, but the principle of privacy seems the same. The world is going digital. Music in a digital form is still music. Private photos in a digital form should still be private photos, no?

On the other hand, if the photos were set for public viewing, then fark it, fair game.


A good defense lawyer will ask what kind of activities the plaintiff engages in and/or whether they have been on trips or vacations since the accident. If they plaintiff responds with a "yes" the next question is, "Did you take any pictures during that trip?" The answer is almost always gonna a be a "yes." You can bet the defense attorney is gonna file a Request to Produce to include those photos.

That's why the plaintiff should never say they CAN'T do this or that but that their ability to do this or that is greatly diminished and with it their enjoyment of life.
 
2012-05-02 01:11:53 PM
As has been said, if she's claiming chronic pain and not physical disability there's no problem here. If you're in pain you may be miserable but you don't have to be bedridden and in fact you might get some mental relief from this sort of activity.
 
2012-05-02 01:16:17 PM
Pics or it didn't happen
 
2012-05-02 01:16:42 PM

SweetSilverBlues: Chronic and unspecified back pain have become such litigious catch-alls anyone demanding money gets put under a microscope.


Anything involving the joints and back are hell for plaintiffs to prove. Not to mention they get expensive in a quick hurry and rarely rebound to a palpatable MMI (maximum medical improvement) for working.
 
2012-05-02 02:26:08 PM
wakeboarding is not for those with back problems, that is all.
 
2012-05-02 02:43:57 PM
Here is an important question I haven't seen anyone ask:

Are those vacation photos from BEFORE or AFTER the car accident? It makes a world of difference in the case.

If they are from before the accident, they are irrelevant to the case.

If the photos are from after the accident, she deserves to lose, and get slapped with a counter-suit and/or criminal fraud charges, to boot.
 
2012-05-02 03:10:29 PM

Loreweaver: Here is an important question I haven't seen anyone ask:

Are those vacation photos from BEFORE or AFTER the car accident? It makes a world of difference in the case.

If they are from before the accident, they are irrelevant to the case.

If the photos are from after the accident, she deserves to lose, and get slapped with a counter-suit and/or criminal fraud charges, to boot.


They wouldn't be presented if they were from before the accident.

/They'd be immeterial
//Nonsense, this suit is made of 100% wool!
 
2012-05-02 03:22:18 PM
Umm... I don't know how it works in polar bear law, but here in 'Murika, evidence of her being less than completely miserable 100% of the time will only matter if she's making some extraordinary claim that her life has been utterly ruined by the pain from her injuries.

I mean, sure, I can understand why the defense wants them. It lowers the expected value of a verdict, and hence of the inevitable settlement. But for all the herping and derping you hear about spilled coffee and billion-dollar verdicts, judges are pretty good about making juries understand that you can hurt someone without shattering their very existence.

For the life of me, I can't figure out what's so special about this case, as opposed to thousands of other pain-and-suffering cases where lawyers, you know, practice law.
 
2012-05-02 04:18:48 PM

MythDragon: "Sure, let me get those for you"
*delete*
"Oh my God. Where did they go? Oh no."

What a biatch. 'Yeah, I have photos of me playing volleyball and scuba diving after I sued you for crippling me, but I don't think I need to show them to you because privacy and all.'


Know how I know you didn't read Facebook's privacy agreement (or lack of privacy thereof) over the use of posted images?
 
2012-05-02 04:45:28 PM
Heh. Paul D'ianno, vocalist on the first two Iron Maiden albums, did two months in jail last year for this. He was claiming disability for years, all the while touring, jumping around on stage, etc.
 
2012-05-02 04:59:32 PM

SweetSilverBlues: lostinjersey: my wife has back problems, chronic pain, + 3 neurological diseases. we go on vacation and she smiles in pictures. Doesn't mean she doesn't suffer from her problems. It's called smiling thru the pain, and not wanting to be a debby downer and deny others the rest of the family the ability to enjoy a trip.

Is this before or after the wakeboarding and scuba diving?


When you suffer from chronic pain you have good days and bad days. Some days you can walk a marathon. other days getting jostled by a fellow shopper at the grocvery store can be like getting bodyslammed by Brock lesnar. My wife fights like hell to join in on activities, and quite a lot of the time she doesn't make it to the end. Going to any large crowded gathering like comic con is a test of endurance for her. But she tries anyway.

Also it's quite relevant what sets off the pain.

Is wakeboarding a stretch? I'd say it doesn't fit the stereotype of what a chronic pain sufferer can do, but then again, you can't always tell a person is disabled by looking at them. So (generally) appearances mean jack shiat. Now if this was a guy who claimed a back injury and then we see him lifting large amounts of roofing shingles, climbing a ladder and hammer nails for 8 hours, ok thats pretty fishy. But a vacation photo of you doing an activity? Doesn't prove anything. You have no idea how loaded on percocet they got before or after the picture was taken.
 
2012-05-02 06:03:48 PM
I have chronic pain (heel spurs). I've played sports, run around and what not on them. I can do it for a while, then they start to hurt real bad, then the next day I can barely walk. Heel spurs obviously weren't caused by someone else's negligence, and they show up on X-Rays. Pictures of someone with soft tissue pain doing something physical shouldn't result in the lawsuit being thrown out, at least if the suit is honest and is saying 'I have pain when I do this' not 'I can't do this anymore'. Of course, there is also a difference in how big a settlement you get for 'it hurts' vs. 'I'm crippled'. Unfortunately, it's hard to diagnose soft tissue problems. I don't know if that's for real reasons or because the legal system has spent so much money on both sides of the issue that the diagnostic line has been obliterated, but liability is liability. For the record, I have to take pain pills for my heel spurs. It's a pain, especially since I take another medication that interacts with just about everything. I have to take the same dose of pain pills every day so it interacts the same way with the other medication. The heel spurs aren't someone else's fault, and they are manageable most of the time, but it's still a pain to have to manage them. If it was someone else's fault the fact that I can still do stuff doesn't absolve them for it.
 
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