Did you know that you are solely responsible for one of the most crucial aspects of your auto accident case?
Yes, your response is crucial when your doctor asks you to rate your level of pain on a scale of 1 to 10. It goes beyond simple inquiries like “How is the weather?” Throughout the entirety of your case, that number will follow you. It has an impact on your medical care and, ultimately, the value of your auto accident claim.
Every doctor, chiropractor, physical therapist, and hospital uses this pain scale. You must understand how it works if you wish to safeguard both your legal rights and your health.
Describing the Pain Scale
Doctors may measure what they cannot see by using the pain scale, which is a universal tool. An X-ray can show a doctor if you have a broken arm. However, they are unable to “see” your back pain.
Typically, the scale ranges from 1 to 10.
- 0: Completely painless.
- 1-3: Mild discomfort that you can largely overlook.
- 4–6: Moderate pain that makes it difficult to perform everyday activities like sitting at a desk or cleaning dishes.
- 7–9: Excruciating agony (difficult to move or speak, incapable of thinking about anything else).
- 10: The most excruciating amount of pain (emergency room level).
What Makes the Pain Scale Vital?
Insurance providers want “objective evidence” in court cases. They examine your medical data because they are unable to empathize with you. Your “subjective” emotions are mostly transformed into “objective” data points in a chart using the pain scale. An insurance company will contend that you weren’t truly seriously injured if your records indicate a “2” for three months.
When Is the Pain Scale Applied?
Almost every time you see a doctor, you will be asked this question. Among these are:
- The responding paramedics.
- The emergency room intake nurse.
- Your primary care physician at a follow-up visit.
- Each appointment with a chiropractor or physical therapist.
- Your orthopaedic or pain management physician.
Is It Important Who You Report the Pain Number to?
Sure. Every single person you speak with is recording it. There will be a conflict in your records if you tell your doctor that your pain is a “2” because you’re trying to be “tough,” but you tell your physical therapist that it’s a “8.” Insurance firms adore these confrontations. Because the figures don’t add up, they will accuse you of lying or inflating.
How Does a Physician Utilize the Pain Number?
The number is used by doctors to determine how best to treat you.
- Low numbers (1-3): Ibuprofen and rest may be recommended.
- Medium numbers (4-6): They may request an MRI or physical therapy.
- High numbers (7–10): They may recommend surgery, injections, or specialists.
If you report a “2” even though you truly feel like a “7,” the doctor may decide not to schedule the necessary MRI. In fact, being “brave” may impede your healing.
Which Pain Level Qualifies You for Pain Management?
Doctors will typically refer you to “Pain Management” if your pain persists in the 5 to 10 range even after you take simple medication or rest. This particular kind of physician treats persistent discomfort. You could never receive the referral you require to improve if you continue to report poor numbers.
The Impact of the Scale on Your Injury Claim
| If your score is… | The Insurance Company thinks… | The Legal Impact |
| Low (1-3) | You are mostly fine and don’t need a big settlement. | Lower case value. |
| Medium (4-6) | You have a real injury that requires steady treatment. | Moderate case value. |
| High (7-10) | You have a serious, life-altering injury. | Higher case value. |
How Can Your Claim Be Affected by a Low Pain Scale?
“I’m doing okay” or “It’s not that bad” are common statements used by people who don’t want to voice their complaints. This is an error in the case of a car collision. The insurance company will consider your rating of two out of ten as a “ceiling.” They will claim that your injury is “minor” and “nuisance-level,” despite the fact that you are having trouble falling asleep at night.
How Does the Pain Scale Work Against You for Insurance Companies?
Insurance adjusters search for declining tendencies. They will attempt to stop paying for your treatment right away if you start at an 8 and drop to a 2, even if that “2” just lasts for an hour each day. They search for discrepancies as well. They will accuse you of “malingering” (faking it for money) if you told the emergency room that you were a 9 but two days later told a chiropractor that you were a 3.
What Should You Do If You Rated Your Pain Low and Now It’s Coming Back?
Often, pain “flares up.” On Tuesday, you might feel like a 2, but on Thursday, a 7. Inform your doctor right away if you get a low score and the discomfort worsened. Describe the change. You could remark, “Yesterday I felt okay while sitting, but today I tried to walk the dog and the pain shot up to an 8.” This explains why the record has changed.
Can You Modify the Number by Going Back?
A medical record cannot be “erased.” Once the physician presses “save,” it remains there indefinitely. On your subsequent visit, though, you can amend the record. You are able to inform the physician, “Last time I said I was a 3 because I was taking heavy medicine, but without the medicine, I am actually an 8.”
To What Extent May a High Pain Score Boost the Case’s Value?
Settlements for auto accidents are frequently determined by “Pain and Suffering.” In general, the “multiplier” for your damages increases with your level of suffering, albeit there isn’t a magic calculation. Compared to a 2 or 3, a steady 7 or 8 typically denotes permanent damage (such as a herniated disc), which can raise a payout by tens of thousands of dollars.
How Is the Pain Number Used by Attorneys?
These figures are how your attorney presents your case. Your pain levels over time will be plotted on a chart they make.
- The “Gap” Argument: Your attorney may contend that the insurance company is disregarding the medical data if you have high pain ratings yet the company provides a low payout.
- The Argument for “Quality of Life”: A lawyer will clarify that a “6” is more than simply a number; it indicates that you were unable to pick up your 2 year old or complete your work shift.
Examples of Situations in Which Scale Was Important:
- Case A (The “Tough” Driver): A truck struck a man. He didn’t want to appear weak, so he told all the doctors he was a “3”. The insurance company claimed he was unharmed and offered him $5,000. His medical records did not substantiate his necessity for surgery.
- In Case B (The Honest Patient): A woman accurately documented her discomfort. She would say “8” on bad days. On better days, she answered “4.” The insurance company recognized that her injury was genuine and fluctuating since she was truthful and reliable. Her records made it obvious that she struggled, so she settled for $75,000.
Brief Advice for Your Upcoming Medical Visit:
- Don’t downplay: If you’re not, don’t say “I’m fine.”
- Consider your most painful moment: Consider how you felt this morning or last night, not only at that very moment, when the doctor asks for your number.
- Be dependable: Try to apply the same reasoning to your figures in each office.
- Describe the “Why”: Tell the doctor why you said “7,” such as “Because I can’t bend over to pick things up.”
Contact Our Personal Injury Attorneys Today
If you’ve been in any type of accident and are struggling with an insurance claim, our team is here to help. With decades of experience, we’ve helped countless accident victims recover the compensation they deserve.
Don’t let insurance companies take advantage of you. Contact us today for a free consultation and let us fight for your rights. The sooner you act, the better your chances of securing a fair settlement.