Even on a surface level, the stress of an injury can be twofold. It often brings immediate change and an uncertain future. While your pain and suffering are very real and visceral experiences, that does not mean your insurance company will sympathize. In fact, they often look for any reason to cast doubt on your story.
Insurance companies may question your recollection of your accident, scrutinize the words you use to describe your injuries, and even monitor your social media presence. At Nicolet Law Accident & Injury Attorneys, we are all too familiar with the tactics that insurance companies employ to justify low settlement offers. It’s why we work so hard to build compelling cases for injury victims.
Evidence, Evidence, and More Evidence
It’s one matter to know your own story, it’s another to record it, and something else entirely to present that record before a stingy insurance adjuster.
The starting point is straightforward: admitting that you’re in pain. Then comes a doctor’s visit where you describe your symptoms and answer follow-up questions.
Some go through life downplaying their pain; a shout of anguish for some is a "Felt that one" for others. Telling the doctor as much as you can helps them create a medical treatment customized to your circumstances. The cost of the doctor’s visit and the medications they prescribe can be noted as medical expenses in your case. Medical expenses can also extend to therapy sessions, specialist appointments, ER visits, and so on. Anything that comes out of your pocket can be recorded with receipts and medical bills to keep your record up to date.
If The Treatment Doesn't Work As Expected
Tell your doctor. It's frustrating, but sometimes treatment plans cause adverse side effects or just don't provide the relief you hoped for. It’s understandable to want to modify the parts of your treatment that aren't working, but that can be a red flag for insurance. What feels like a reasonable adjustment to you might be seen by your insurance company as ignoring your doctor’s orders.
How Has Your Day-to-Day Life Changed?
Maybe you lie in bed for an extra five minutes every morning because you know that you'll be in pain as soon as you get up. Keeping track of the timeline of your daily pain and suffering can paint a vivid picture for your doctor, your lawyer, and any scrutinizing insurance company. A detailed "pain journal," can be invaluable. According to Healthline, a good starting point can include answering questions like:
- When does the pain start, and when does it end?
- How wide is the pain area?
- Is it a single area of your body that's in pain or are there multiple areas?
- Is the pain sporadic or is there a routine to it?
- What have you learned about the pain, has it changed in any way?
- What did your doctor advise you to do, and are you following that?
- Is there anything else you have been doing to manage the pain? How effective is it?
At Nicolet Law, we know that answering these questions may seem straightforward. While writing your answers may take time, their practical nature can provide a sense of relief. That being said, as we mentioned before, there's a difference between keeping a record of your pain and suffering and presenting it to the insurance company. Nicolet Law prioritizes getting to know our clients so we can excel at that. Calculating fair compensation based on pain and suffering can come with challenges, and we're ready for them.
"What's the best way to say..."
It's a truly frustrating reality that you can be thorough and specific in your pain journal, only to have the insurance company dismiss it because of your wording. This is another reason talking to an experienced personal injury attorney can be beneficial. Does the injury hurt, or does it wake you up in the middle of the night with blistering pain? Reviewing word choice may sound tedious, but it can make a difference. While an experienced personal injury attorney can provide help, even a spot check from a supportive loved one is better than nothing.
However, if that loved one has previously encouraged you to downplay your pain, their insights may not be worthwhile.
Stay Honest, Even Under Pressure
Additionally, refrain from exaggerating your injury. It is understandable for many to dismiss this possibility, but it’s an equally understandable impulse. Injuries and the anxiety they induce can be staggering. Maybe there are children to feed, and for those living paycheck to paycheck, the financial strain can be exhausting. When compensation seems like the primary way to resolve the anxiety, some may exaggerate slightly in the hope that their compensation grows as well. There is a storied history of this tactic backfiring.
At Nicolet Law, we understand the worry that our clients carry when we first meet with them. That’s why we offer free consultations and work on contingency. Contingency means that if we don’t succeed with your case, you don’t pay us. At Nicolet Law, we know the gravity of personal injury, which is why we work hard in representing in our clients.
Contact A Personal Injury Lawyer To Learn More
Your injury has changed your life, and in order to seek compensation it's important to show how much pain and suffering it has inflicted. Nicolet Law is ready to take your call and learn about how we can support your recovery. Feel free to contact us and set up a free consultation.
Contact an experienced personal injury lawyer with Nicolet Law Accident & Injury Lawyers as soon as possible. We'll help you understand your rights and whether you can reasonably pursue compensation for your injuries.
