What is “Pain” in “Pain and Suffering”?
The “pain” in “pain and suffering” is serious. Often, victims of serious car and motorcycle accidents attempt to hide their pain hoping it might go away. This is usually due to the fear of doctors denying they’re telling the truth. Victims fear they will never receive proper compensation for their pain. This is another reason why accident victims must quickly retain a lawyer with Board Certification. These lawyers have the necessary experience to recover the maximum compensation. They never let their clients down! Attempting to fight the insurance company alone, while in severe pain, should never be an option.
After an accident leaves a victim in physical pain, the right to compensation exists. The insurance companies, however, will look for any reason to deny an accident victim the compensation they deserve after their accident.
This is “Deny, Delay, Don’t Pay”.
What is Deny, Delay, Don’t Pay?
To better understand just how fully pain affects the life of accident victims, sometimes permanently, we first must take a closer look at the reasons insurance companies will try to use when it comes to their Deny, Delay, Don’t Pay tactics:
- The victim suffers an injury prior to the accident they’re filing a lawsuit for.
- Victims may have an illness that “causes” the same physical pain they’re experiencing due to their accident.
- A victim can still work, therefore they must not be in pain. This reason is one of the most insulting to accident victims due to the fact that some people in physical pain must work to provide for their families.
- Defense hired doctors receive compensation to make false claims about the state of the victim’s health that only serve to benefit the insurance company.
When pain is the priority
Often times in the ER, a victim of an accident will be asked to rank their pain on a scale of one to ten. This is “The Pain Scale”. It’s a fairly standard scale. However, the problem with this scale is that every victim experiences physical pain differently. Thus, a standard scale will not provide an accurate picture of a patient’s pain.
For example, one victim may attempt to walk out of the hospital with a fractured ankle and rank a “three”. However, another patient with the same injury may be in agony and rank their ankle fracture a “nine”. One ankle fracture may require opioid medication and another may not. No victim is ever “wrong”. Their suffering should never be “not enough”. Injuries, like each legal claim, are unique to the person experiencing them.
What is “The Pain Scale”?
The Pain Scale plays a large role in how insurance companies try to deny, delay, and ultimately not pay out compensation. If a victim claims a “five” on the scale rather than a “nine”, the insurance company will attempt to use this “five” as a false claim that the victim is recovering. This would be wrong and deceitful. Pain often requires lifelong medical care. Thus, receiving adequate medical care that relieves pain should not discredit the victim from seeking compensation.
The chart below explains The Pain Scale.
However, if the insurance company denies, delays, and ultimately doesn’t pay, the victim would never be able to afford the treatment necessary to recover. A Board Certified Civil Trial lawyer protects their client from this turn of events ever occurring. It’s the “paper pushers” (attorneys who simply want a “win” and not a “success”) that will allow their client to walk away with minimal compensation, unable to pay for a lifetime of medical bills.
Reasons for the pain
Now, let’s look at just a small list of the many types of injuries that are medically proven to cause pain :
- CRPS (Complex Regional Pain Syndrome)
- Herniated disk injuries
- Spinal cord injuries
- Traumatic Brain Injuries
The injuries listed are in no way an exhaustive list, though conditions such as Complex Regional Pain Syndrome are known to cause widespread anguish throughout the body and for which there is currently no cure, only conservative treatments that attempt to lessen the pain.
How do victims seek compensation for pain?
A Board Certified civil trial lawyer will always ensure that the insurance company does not bully the client. Defense hired doctors should never treat a client as if they’re lying. If the attorney representing them has the experience to step in when necessary during what’s known as the “DME” or Defense Medical Exam, this can be prevented.
Insurance companies want accident victims to think they can’t recover compensation. This is not true! The truth is, when a victim is in agony after an accident, they have rights that must be upheld. An experienced attorney will never settle when representing a client who deserves maximum compensation. A Personal Injury lawyer should always be ready to take the case all the way to trial if necessary.