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How Does “Pain” in Pain and Suffering Receive Compensation?

How Does “Pain” in Pain and Suffering Receive Compensation?

After an accident leaves a victim in physical pain, the right to compensation exists. Shaked Law Firm explains the "pain" in "pain and suffering".

The “pain” in “pain and suffering” is serious. Often, victims of serious Florida auto accidents 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.

In short, victims “suffer” from their accident “pain”. Together, this makes “pain and suffering”.

After an accident leaves victims 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 in a Personal Injury case?

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.

How do Florida Personal Injury lawyers make pain a 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.

How is “The Pain Scale” important to my Florida Personal Injury case?

The chart below explains The Pain Scale.

The Pain Scale plays a large role in how insurance companies try to deny, delay, and ultimately not pay out compensation.
The Pain Scale plays a large role in how insurance companies try to deny, delay, and ultimately not pay out compensation.

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.

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.

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.

What are some common injuries resulting from accidents?

  • Whiplash: Whiplash occurs when the head and neck move rapidly back-and-forth during an auto accident. This is often a result of the impact when a car collides with something else on the road. As a result, the force causes the neck to sustain a back-forth-motion too quickly. Read more: Whiplash
  • Broken bones
  • TBI: Traumatic Brain Injury results when the skull collides with a hard surface at high impact. This can be the dashboard, the road (motorcycle accident), or a window. In auto accidents with TBI, permanent injury can occur. Read more: Traumatic Brain Injuries
  • Spinal Cord Injury: Spinal Cord Injury, “SCI”, occurs when the vertebrae of the spine suffer trauma. This trauma can result in paralysis, quadriplegia, or in the worst cases Wrongful Death. Read more: Spinal cord injuries
  • CRPS: CRPS due to auto accidents is much more common than CRPS due to surgical errors. CRPS due to auto accidents is usually due to Type 2, or Causalgia. This type of CRPS occurs when there is direct cause for injury. In instances of an auto accident, direct injury to nerves occurs, leaving the victim in excruciating pain. This can occur in any auto accidents involving hands, arms, neck, back, and spine. Read more: CRPS (Complex Regional Pain Syndrome)

How do victims seek adequate 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.

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