Why does Objective Medical Evidence Matter in Your Injury Case? Pain vs. Proof

December 3, 2025
Abrams Landau Injury Law

This x-ray image clearly shows a broken clavicle (collar bone) after a crash. This is “objective evidence,” which can be reproduced if another doctor or hospital took x-rays of the same part of the victim’s body close in time to the incident leading to this permanent injury. The “subjective complaints” of pain, immobilization, loss of sensation, discomfort and tingling are given less weight by the insurance companies when evaluating the nature and extent of the injuries. The absence of “objective evidence” can lead to a denial of a claim or a minimal jury verdict.

When it comes to personal injury or workers’ compensation claims, not all pain is treated equally in the eyes of the law, or by insurance adjusters. Medical evidence is the backbone of any injury case, but how that evidence is presented can make or break a claim. One major distinction that is looked at is whether a symptom is subjective or objective. Subjective complaints are based on what the injured person reports feeling. While these symptoms may be very real and debilitating, they are difficult to verify through diagnostic tests or outside observation. These include:
  • Pain
  • Headaches
  • Dizziness
  • Fatigue
  • Nausea
  • Fatigue
  • Tingling
  • Discomfort

Doug Landau and the injury trial team will invest significant time, money and resources in order to ensure that exhibits and other evidence can explain a cleint’s injury, surgery and permanent disability to a judge, jury, Mediator, Arbitrator and insurance adjuster.

Objective signs, on the other hand, can be observed or measured by a medical provider. Objective signs often carry more weight with judges, insurance companies, and attorneys, because they’re less open to interpretation as they are clearly quantifiable. These include:
  • Spasms noted during examination
  • Visible swelling, bruising, or discoloration
  • Cold/hot spots with skin temperature thermometer
  • Imaging findings (X-rays, MRIs, CT scans)
  • Lab test abnormalities
  • Functional testing (range of motion, strength tests)
Why does this matter for your case? In both workers’ comp and personal injury lawsuits, the burden of proof falls on the injured party. The stronger the documentation of your injury, the stronger your claim. Objective signs help to provide credible and persuasive proof of injury. Using medical illustrations, enlargements of x-rays, MRIs, CT scans and other films can “educate” a judge and jury as to the severity of the injuries sustained. Doug Landau has invested thousands of dollars in medical illustrations, videos and anatomical models that are so realistic and illustrative,  that the treating doctors and surgeons have used to teach other physicians after the case is over! Lawyer Landau advances these necessary costs so that his clients will be able to “show and tell: the judge and jury WHY they are in pain, immobilized and unable to go back to their pre-injury jobs and activities, We get 80% of our information through our eyes, so Landau makes sure that jurors and judges hear AND SEE the injuries that the defendant’s unsafe conduct caused.

Navigating London on crutches (Doug Landau) & in a wheelchair (Doug’s 90-year-old mom) was difficult, just like trying to navigate a permanent injury case without experienced counsel who actually take cases to court and are willing to invest the time, money and staff necessary to get great results for their clients.

Navigating this system alone can be overwhelming, so hiring an experienced attorney is critical to a successful case. A lawyer who has trial experience understands exactly what kind of documentation you’ll need and can help you during the process.
“It’s best when an injured client contacts me right away,” says Lawyer Doug Landau. “That way I can make sure he or she seeks appropriate medical care, within the appropriate time frame, and that the necessary documentation is assembled.”
If you or someone you love has been injured on the job, don’t wait. Lawyer Doug Landau and the team at ABRAMS LANDAU, Ltd. are committed to advocating for those injured in car crashes, by dangerous dog attacks, defective products, bike crashes, dangerous premises, while working, and ensuring they receive the care and compensation they need. Contact us today to get experienced legal help in personal injury cases.

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