What is Post Accident Physical Pain?
What is post accident physical pain? After sustaining injuries in any type of accident, pain and suffering ensues. However, too often victims of car and motorcycle accidents attempt to hide pain. Their hope is that if they ignore it, it goes away. Most times, however, the pain remains but the Statute of Limitations passes. This is another reason why accident victims must act quickly to retain a lawyer with Board Certification. These are the lawyers who can recover maximum compensation for unresolved pain and suffering. Attempting to fight the insurance company alone, while in pain, should never be an option.
When an accident with injuries leaves a victim in severe physical pain, they have rights the insurance company will attempt to violate. Insurance companies look for any reason to deny victims the compensation they will pay out during mediation or trial anyway.
What are Deny, Delay, Don’t Pay tactics when it comes to post accident physical pain?
First of all, we must take a brief look at the reasons insurance companies will try to use when it comes to their Deny, Delay, Don’t Pay tactics.
- A victim suffers an injury prior to the accident they’re filing a lawsuit for. This is simply bogus. Over a lifetime, people can suffer many injuries. Most only pursue litigation when pain from injuries is unbearable, wages are lost, and compensation is necessary for quality of life.
- The victim has an illness that’s “already causes” the same physical pain they’re experiencing due to their accident.
- The victim can still work, therefore they must not be in pain. This reason is one of the most insulting due to the fact that many victims work to provide for their families. Without them, their family may be facing financial stress.
- Defense hired doctors receive money to make false claims about the state of the victim’s physical health. These claims directly serve the insurance company’s ridiculous reasons for denying a legitimate claim.
Why is physical pain a priority post accident?
Often times in the ER, a victim of an accident receives the question “what is your pain, from 1-10, right now?” This question refers to “The Pain Scale” and it’s fairly standard in the medical field. However, the problem with this scale is that every victim experiences physical pain differently. A standard scale can’t provide an entirely accurate picture of a patient’s pain. A “five” to one patient may be excruciating, while another may return to work in this amount of pain.
While one victim may attempt to walk out of the hospital with a broken ankle and rank such pain a “three”, another with the same injury may be in agony and rank their injury a “nine”. One patient may require opioid pain medication, one may not. The amount of pain medication a patient requires does not determine the patient’s quality of life. Pain, like each legal case, differs between each client and patient.
How does the Pain Scale play a role in post accident physical pain?
The Pain Scale plays a role in how insurance companies use Deny, Delay, Don’t Pay. A victim may tell a defense doctor his pain is a “five” at his appointment. However, in the ER directly following the accident, it was a “nine” or even a “ten”. A defense doctor then uses this information as “proof” of recovery. However, it’s a deceitful tactic. Pain fluctuates, and a “five” for one person may be severe enough to keep them out of work.
However, even a level “five” on the pain scale may require medical treatment. Treatment a victim cannot afford if they’re out of work due to their accident.When the insurance company denies, delays, and ultimately refuses to pay, victims cannot afford the care necessary to return to normal life. A lawyer with Board Certification protects clients from this insurance tactic. Remember: it’s the “paper pusher” lawyers that allow their client to walk away with minimal compensation, unable to pay for a lifetime of medical bills.
Below, we provide a visual pain scale.
Shaked Law Resources for post accident physical pain
Below, we provide a small list of Shaked Law Resource publications relating to physical pain, for further reading:
- CRPS (Complex Regional Pain Syndrome) formerly RSD
- Herniated disk injuries
- Spinal cord injuries
- Traumatic Brain Injuries
What compensation is available for permanent physical pain?
A lawyer upholding Board Certification always ensures the insurance company’s offer is fair to the client. When it isn’t, the case must proceed to trial. Defense hired doctors cannot deny a client’s pain and suffering, because a Board Certified lawyer has the experience necessary to prepare a client for any difficult questions that may arise during the defense medical exam.
The DME, or, Defense Medical Exam, is not optional. The client must receive adequate preparation prior to the appointment.
Insurance companies want accident victims to think they don’t deserve compensation for post accident physical pain. However, that’s just not true. The truth is, when a person becomes the victim of pain and suffering post accident, they have rights. And those rights must be upheld all the way to trial, if, and whenever necessary.