Did you know that one of the most important points in your car accident case depends entirely on you?
Yes, when your doctor asks you to rate your pain on a scale from 1–10, the number you give is extremely important. It isn’t just a casual question like “How is the weather?” That number will follow you through every part of your case. It affects the medical care you get and, eventually, how much your car accident claim is worth.
This pain scale is a tool used by every doctor, chiropractor, physical therapist, and hospital. If you want to protect your health and your legal rights, you need to know how it works.
What is the Pain Scale?
The pain scale is a universal way for doctors to measure something they can’t see. If you have a broken arm, a doctor can see it on an X-ray. But they can’t “see” how much your back hurts.
The scale usually goes from 1 to 10:
- 0: No pain at all.
- 1–3: Mild pain (it’s there, but you can mostly ignore it).
- 4–6: Moderate pain (it interferes with daily tasks like doing dishes or sitting at a desk).
- 7–9: Severe pain (it’s hard to speak or move; you can’t think about anything else).
- 10: The worst pain imaginable (emergency room level).
Why is the Pain Scale Important?
In a legal case, insurance companies look for “objective evidence.” Since they can’t feel what you feel, they look at your medical records. The pain scale is the primary way your “subjective” feelings become “objective” data points in a chart. If your records show a “2” for three months, an insurance company will argue you weren’t actually hurt very badly.
When Do You Give the Pain Scale?
You will be asked this almost every time you see a medical professional. This includes:
- The paramedics at the scene.
- The intake nurse at the Emergency Room.
- Your primary care doctor during a follow-up.
- The physical therapist or chiropractor at every session.
- Your pain management or orthopedic doctor.
Does it Matter Who You Report the Pain Number to?
Yes. Every single person you talk to is writing it down. If you tell your physical therapist your pain is an “8,” but then you tell your doctor it’s a “2” because you’re trying to be “tough,” it creates a conflict in your records. Insurance companies love these conflicts. They will say you are lying or exaggerating because the numbers don’t match.
What Does a Doctor Do with the Pain Number?
Doctors use the number to decide on your treatment plan.
- Low numbers (1–3): They might suggest rest and Ibuprofen.
- Medium numbers (4–6): They might order Physical Therapy or an MRI.
- High numbers (7–10): They might suggest injections, specialists, or surgery.
If you report a “2” when you really feel like a “7,” the doctor might not order the MRI you actually need. Being “brave” can actually hurt your recovery.
At What Pain Level Are You a Candidate for Pain Management?
Usually, when your pain stays in the 5 to 10 range despite resting or taking basic medicine, doctors will refer you to “Pain Management.” This is a special type of doctor who handles chronic pain. If you keep reporting low numbers, you might never get the referral you need to get better.
How the Scale Affects Your Legal 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 a Low Pain Scale Hurt Your Claim?
Many people have a habit of saying, “I’m doing okay” or “It’s not that bad” because they don’t want to complain. In a car accident case, this is a mistake. If you report a 2 out of 10, the insurance company will use that as a “ceiling.” They will argue that your injury is “minor” and “nuisance-level,” even if you are actually struggling to sleep at night.
How Do Insurance Companies Use the Pain Scale Against You?
Insurance adjusters look for downward trends. If you start at an 8 and go down to a 2, they will try to stop paying for your treatment immediately, even if that “2” only lasts for one hour a day. They also look for inconsistency. If you told the ER you were a 9, but two days later told a chiropractor you were a 3, they will claim you are “malingering” (faking it for money).
What Can You Do If You Gave a Low Pain Score and Now the Pain is Back?
Pain often “flares up.” You might feel like a 2 on Monday but a 7 on Wednesday. If you gave a low score and the pain got worse, tell your doctor immediately. Explain why it changed. You might say, “Yesterday I felt okay while sitting, but today I tried to walk the dog and the pain shot up to an 8.” This explains the change in the record.
Can You Go Back and Change the Number?
You cannot “erase” a medical record. Once the doctor hits “save,” it’s there forever. However, you can correct the record at your next visit. You can tell the doctor, “Last time I said I was a 3 because I was taking heavy medicine, but without the medicine, I am actually a 7.”
How Much Can a High Pain Score Increase the Value of the Case?
In many states, car accident settlements are based on “Pain and Suffering.” There is no magic calculator, but generally, the more pain you are in, the higher the “multiplier” for your damages. A consistent 7 or 8 usually indicates a permanent injury (like a herniated disc), which can increase a settlement by tens of thousands of dollars compared to a 2 or 3.
How Does a Lawyer Use the Pain Number?
Your lawyer uses these numbers to tell your story. They will create a chart showing your pain levels over time.
- The “Gap” Argument: If you have high pain scores but the insurance company offers a low settlement, your lawyer can argue that the company is ignoring the medical evidence.
- The “Quality of Life” Argument: A lawyer will explain that a “6” isn’t just a number—it means you couldn’t pick up your toddler or finish your shift at work.
Examples of Cases Where the Scale Mattered
- Case A (The “Tough” Driver): A man was hit by a truck. He told every doctor he was a “3” because he didn’t want to seem weak. The insurance company offered him $5,000, saying he wasn’t hurt. He actually needed surgery, but his records didn’t support it.
- Case B (The Honest Patient): A woman recorded her pain accurately. On bad days, she said “8.” On better days, she said “4.” Because she was honest and consistent, the insurance company saw that her injury was real and fluctuating. She settled for $75,000 because her records clearly showed her struggle.
Summary Tips for Your Next Doctor Visit:
- Don’t minimize: Don’t say “I’m fine” if you aren’t.
- Think about your worst moment: When the doctor asks for a number, think about how you felt this morning or last night, not just at that exact second.
- Be consistent: Try to use the same logic for your numbers at every office.
- Explain the “Why”: If you say “7,” tell the doctor why (e.g., “Because I can’t bend over to tie my shoes”).
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.
