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Show Me Where It Hurts: MI COA Distinguishes Evidence of Impairment from Evidence of Injury for McCormick Proofs
When determining whether a plaintiff has sustained an objectively manifested impairment in order to meet the first prong of the McCormick standard, the inquiry is whether the impairment is objectively manifested, not the injury or its symptoms. Subjective complaints of pain and suffering are insufficient. Moreover, an injury is the actual damage or wound, while the impairment relates to the effect of that injury or damage. The impairment must be observable by others. Medical documentation is needed as evidence for a physical basis for pain and suffering.
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