Physical pain post accident can be severe and permanent if not treated properly. Permanent pain can cost a victim their Quality of Life as well as financially in the form of lost wages should the accident render them unable to return to work quickly, and in some cases, at all. Often, though, victims of catastrophic accidents such as car and motorcycle accidents will attempt to deny or hide their pain hoping it might go away or lessen in time. Insurance companies have conditioned victims of accidents to fear not being believed. This is how they get away with not properly compensating beneficiaries.
This deceit is another reason (as we previously discussed in Personal Injury Lawyers’ Top 3 Reasons For Legal Representation After Accident) why accident victims must act quickly to retain a Board Certified lawyer who knows how to take on the insurance companies before they can strike any fear into those who have become injured by no fault of their own in an accident caused by the negligence or recklessness of another. Attempting to fight the insurance company alone, while in severe physical pain, only delays recovery and victims should never think they have to do this.
Why do insurance companies make so many excuses?
After an accident that leaves a victim in physical pain so severe they become unable to work or participate in life, they have rights that should not be violated by the insurance companies. Insurance companies will use any reason to deny those suffering from physical pain post accident the compensation they rightfully deserve. The reason insurance companies make so many excuses is simple: money. They don’t want to pay! And they’ll do anything in an effort to save a dollar! That’s why it’s important to have a Board Certified accident lawyer that knows the games that will be played and will stop them in their tracks.
The excuses made by the insurance companies are known as Deny, Delay, Don’t Pay tactics and can be any of the following (though this is not an exhaustive list):
- The victim suffered an injury prior to the accident they’re filing a lawsuit for
- The victim has an illness that’s “known” to cause the same physical pain they’re now 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 to accident victims due to the fact that a great deal of victims must work to provide for their families, despite their physical pain)
- Defense hired doctors are paid to make false claims about the state of the victim’s physical (and mental) health that only serve to benefit the insurance company
Why should any level of physical pain be a priority?
Often times in the ER, a victim who has suffered an accident will be asked to rank their pain on a scale of one to ten. This is what’s known as “The Universal Pain Scale”; it’s the standard scale used to triage those who come through the Emergency Room to provide more efficient treatment. There is one inherent flaw with this scale, however, and it’s that it discredits those with high tolerance to pain. Every person experiences physical pain differently and a standard scale doesn’t take into account a patient attempting to hide their pain or those with such a high tolerance for pain that broken or fractured bones, head trauma invisible to the eye (TBI) or other less visible injuries may be overlooked upon arrival to the ER.
Further reading on injuries and physical pain
The Shaked Law Firm’s Law Resource has provided a resource for links to our writeups covering injuries that cause physical pain below:
- CRPS (Complex Regional Pain Syndrome)
- Herniated disk injuries
- Spinal Cord Injuries
- Traumatic Brain Injuries
- Knee and leg injuries
How is chronic pain compensated?
A Board Certified lawyer will always ensure that the insurance company doesn’t bully their client with using Deny, Delay, Don’t Pay. Defense hired doctors will never be allowed to treat a client as if their pain isn’t real, because the accident lawyer representing the injured client has the experience to step in when necessary during what’s known as the “DME” or Defense Medical Exam. An experienced lawyer will also fully prepare for their client for any DME, mediation, and if necessary will fully prepare the client for trial.