Did you know that you are solely responsible for one of the most crucial aspects of your automobile accident case?
Yes, the number you provide is crucial when your doctor asks you to rate your level of pain on a scale of 1 to 10. It goes beyond a simple inquiry like “How is the weather?” You will be followed by that number for the entirety of your case. It has an impact on your medical treatment and, ultimately, the value of your auto accident claim.
Every physician, chiropractor, physical therapist, and hospital uses this pain scale. You must understand how it operates if you wish to safeguard both your legal rights and your health.
The Pain Scale: What Is It?
Doctors can measure what they cannot see by using the pain scale, which is a universal method. An X-ray can show a doctor that you have a fractured arm. However, they are unable to “see” how badly your back aches.
Typically, the scale ranges from 1 to 10:
- 0: Absolutely no pain.
- 1–3: Mild discomfort (you can ignore it most of the time).
- 4-6: Moderate discomfort that makes it difficult to do daily activities like sitting at a desk or cleaning dishes.
- 7–9: Excruciating pain (difficult to move or speak; unable to think of anything else).
- 10: The most excruciating pain (emergency room level).
What Makes the Pain Scale Crucial?
Insurance firms seek “objective evidence” in court. They examine your medical records since they are unable to experience your emotions. Your “subjective” emotions are transformed into “objective” data points in a chart mostly through the pain scale. An insurance company will contend that you weren’t genuinely seriously injured if your records indicate a “2” for three months.
When Is the Pain Scale Given?
Almost every time you see a doctor, you will be asked this question. This comprises:
- The on-site paramedics.
- The ER’s intake nurse.
- A follow-up visit with your primary care physician.
- The chiropractor or physical therapist during each session.
- Your orthopedic or pain management physician.
Does It Matter to Whom You Report the Pain Number?
Indeed. Every single individual you speak with is taking notes. There will be a dispute in your records if you tell your physical therapist that your pain is a “8,” but you tell your doctor that it’s a “2” because you’re trying to be “tough.” Insurance firms adore these disputes. Because the figures don’t add up, they will accuse you of lying or exaggerating.
How Does a Physician Use the Pain Number?
The number is used by doctors to determine your course of therapy.
- Low values (1–3): They may recommend Ibuprofen and rest.
- Medium numbers (4–6): They may request an MRI or physical therapy.
- High numbers (7–10): They may recommend surgery, specialists, or injections.
If you report a “2” when you truly feel like a “7,” the doctor may decide not to schedule the necessary MRI. Being “brave” may actually impede your recovery.
Which Level of Pain Qualifies You for Pain Management?
Doctors will typically refer you to “Pain Management” if your pain persists in the 5–10 range despite resting or using simple medication. This particular kind of physician treats chronic pain. You may never receive the referral you require to improve if you continue to report low numbers.
The Impact of the Scale on 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 Is Your Claim Affected by a Low Pain Scale?
Saying “I’m doing okay” or “It’s not that bad” is a common tendency among people who don’t want to voice their complaints. This is an error in the case of an automobile collision. The insurance company will consider a score of two out of ten as a “ceiling.” They will claim that your injury is “minor” and “nuisance-level,” even if you truly have trouble falling asleep at night.
How Is the Pain Scale Used Against You by Insurance Companies?
Insurance adjusters search for declining patterns. They will attempt to instantly stop paying for your treatment 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 inconsistencies as well. They will accuse you of “malingering” (faking it for money) if you told the emergency room that you were a nine and then, two days later, you told a chiropractor that you were a three.
What Should You Do If Your Pain Score Was Low and Now It’s Coming Back?
Pain frequently “flares up.” On Monday, you might feel like a two, but on Wednesday, you might feel like a seven. Inform your doctor at once if you scored poorly and the pain worsened. Describe the reason for the change. You might think, “Yesterday I felt okay while sitting, but today I tried to walk the dog and the pain shot up to an 8.” This clarifies why the record has changed.
Is It Possible to Change the Number?
It is impossible to “erase” a medical record. The moment the doctor clicks “save,” it remains there indefinitely. On your subsequent visit, you can make the necessary corrections to the record. You’re 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 a 7.”
To What Extent May a High Pain Score Raise the Case’s Value?
Settlements for auto accidents in various states are determined by “Pain and Suffering.” There isn’t a magic calculator, but generally speaking, the “multiplier” for your damages increases with your level of agony. When compared to a 2 or 3, a consistent 7 or 8 typically denotes a persistent damage (such as a herniated disc), which can raise a settlement by tens of thousands of dollars.
How Is the Pain Number Used by Lawyers?
These figures are used by your attorney to present your case. A chart displaying your pain levels over time will be made by them.
- The “Gap” Argument: Your attorney may contend that the insurance company is disregarding the medical data if you have high pain ratings and they offer a low payment.
- 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 complete your job shift or pick up your toddler.
Examples of Situations in Which Scale Was Important
- Case A (The “Tough” Driver): A truck struck a man. He didn’t want to seem as weak, so he told every doctor he was a “3”. The insurance provider said he was unharmed and made him a $5,000 offer. His medical documents did not prove that he genuinely required surgery.
- Case B (The Honest Patient): A woman honestly documented her discomfort. When things weren’t going well, she said “8.” On better days, she answered “4.” The insurance company recognized that her injury was genuine and fluctuating since she was truthful and constant. Her documents made it evident that she struggled, so she settled for $75,000.
Brief Advice for Your Next Medical Visit:
- Avoid minimizing: If you’re not feeling well, don’t say “I’m fine.”
- Consider your worst experience: Consider how you felt this morning or last night, not only at that very moment, when the doctor asks for a number.
- Maintain consistency: Make an effort to apply the same reasoning to your figures in each office.
- Describe the “Why”: If you answer “7,” explain to 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.