How Pain Is Documented, and Challenged, in a Personal Injury Case
Pain is often one of the most significant consequences of a serious accident. Unfortunately, it can negatively impact your work, sleep, exercise, family activities, and nearly every part of daily life. Yet unlike a broken bone that appears clearly on an X-ray, pain can be difficult to measure.
For this reason, documenting pain, and responding when an insurance company challenges it, can play an important role in a personal injury claim.
How Is Pain Documented After an Injury?
Medical records are typically a primary source of evidence regarding an injured person’s pain. Doctors, physical therapists, and other healthcare providers may document where your pain occurs, its severity, how long it lasts, and whether certain activities make it worse.
Medical records may also contain more objective findings that help explain the source of pain. Depending on the injury, these could include imaging results, reduced range of motion, swelling, muscle spasms, weakness, or other clinical findings.
Consistency can be particularly important. Regularly reporting symptoms to medical providers helps create a record showing how an injury and associated pain have progressed over time.
A Pain Journal Can Provide Additional Evidence
An injured person may also keep a journal describing how pain affects everyday life. Rather than simply recording a pain level from one to ten, it can be helpful to document specific limitations.
For example, an accident victim might record that back pain prevented them from sleeping through the night, caused them to miss a child’s sporting event, or made it difficult to sit through an entire workday.
This type of information can help demonstrate the real-world impact of an injury and support a claim for pain and suffering damages.
How Insurance Companies May Challenge Claims of Pain
Insurance companies have a financial incentive to limit what they pay on personal injury claims. Because pain is subjective, insurers and defense attorneys may question whether a person’s symptoms are as severe as claimed.
They may point to gaps in medical treatment, missed appointments, inconsistent descriptions of symptoms, or medical records suggesting that the person’s condition improved. Insurers may also examine prior medical records and argue that the pain resulted from a pre-existing condition rather than the accident.
Social media can also become an issue. Photos or posts showing an injured person traveling, exercising, attending events, or participating in recreational activities may be taken out of context and used to challenge their reported limitations.
Can an Insurance Company Require an Independent Medical Examination?
Perhaps, yes. During personal injury litigation, the defense may seek a medical examination of the plaintiff under applicable court rules. Although these are sometimes referred to as “independent medical examinations,” the examining physician is generally selected and paid by the defense.
The physician may evaluate the plaintiff’s injuries, review medical records, and offer opinions regarding diagnosis, treatment, limitations, and whether the reported symptoms are consistent with the underlying injury.
Building a Strong Claim for Pain and Suffering
Pain does not have to be visible to be real. However, strong documentation can make it easier to demonstrate the nature, severity, and duration of an injured person’s suffering.
Seeking appropriate medical care, accurately describing symptoms, following treatment recommendations, and documenting how an injury affects daily activities can all help establish damages.
If an insurance company is minimizing your pain or questioning the extent of your injuries, consider speaking with an experienced personal injury attorney. A lawyer can gather medical evidence, address insurance company tactics, and pursue compensation for the full impact the injury has had on your life.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.
* Main image at top by freepik.