In personal injury cases, the life-changing effects of the pain and suffering experienced by the victim can influence settlement amounts. However, because pain is an individual and subjective experience, courts and insurance adjusters often find it challenging to gauge its severity.

Pain scales help quantify a plaintiff’s pain level in personal injury claims. By providing a consistent evaluation method, they help support fairer settlement decisions.

At Dudley DeBosier, our Louisiana personal injury lawyers can use pain scales to help build a strong case reflecting the true extent of your suffering. Read on to learn how these scales are used and why they’re essential in recovering the money you deserve.

What Is a Pain Scale?

Pain scales are medical assessment tools that gauge the severity of a patient’s discomfort. They offer a standardized way for healthcare professionals to understand pain levels, which can be documented and referenced in legal cases. Common types of pain scales include:

  • Numerical Rating Scale (NRS): A popular assessment in many medical settings, this scale asks patients to rate their pain from 0 (no pain) to 10 (worst imaginable pain).
  • Visual Analog Scale (VAS): The VAS uses a line labeled with endpoints, one representing no pain and the other extreme pain. Patients place a mark along the line to reflect their pain intensity. This assessment is often used for patients who have difficulty verbalizing discomfort but can still perceive intensity changes.
  • Wong-Baker FACES Pain Scale: Frequently used for children and patients with cognitive difficulties, this scale features a series of facial expressions, from smiling to crying, allowing patients to select a face that represents their pain level.
  • McGill Pain Questionnaire (MPQ): This questionnaire includes various descriptors for pain, such as “throbbing,” “sharp,” or “aching,” offering a deeper insight into the type of pain experienced. Medical professionals often rely on the MPQ for cases involving complex, long-term injuries.

How Pain Scales Impact Personal Injury Cases

Documenting pain levels in a personal injury claim helps illustrate how the injuries affect the victim’s life and well-being. Although pain is subjective, these ratings offer a measurable way to express it, strengthening the case for compensation.

Proving Pain and Suffering

Pain and suffering damages often depend on how intensely, long, and broadly an injury affects a person’s life. Pain scales provide a concrete record, tracking the intensity and frequency of pain over time, which attorneys can use to show the extent of their client’s physical and emotional suffering.

Attorneys can use pain scales alongside medical records, journals, and treatment notes to demonstrate long-term pain and suffering. This helps build a solid case for accurate compensation.

Demonstrating the Impact on Daily Life

Pain ratings provide insight into how an injury disrupts daily life. For example, if someone consistently rates their pain at 8 out of 10, it suggests that their pain severely affects regular activities like work, exercise, or self-care.

Documented pain levels like these help justify higher compensation for the overall impact of the injury.

Supporting Settlement Calculations

Pain and suffering damages are often calculated using the multiplier or per diem method, which assigns a monetary value to the pain endured. Pain scales can strengthen these approaches by showing the severity and duration of the pain experienced.

Higher pain levels can justify a larger multiplier on general damages in the multiplier method, leading to increased compensation. In the per diem approach, consistent pain ratings support a daily rate calculation, reflecting the ongoing financial impact of living with pain each day.

Bringing in Medical Experts to Strengthen Your Case

Pain scale ratings alone may be insufficient to capture a client’s full pain experience in major injury cases. Attorneys often engage medical experts to provide insight that complements pain scale data. Professionals contribute in the following ways:

  • Interpreting Pain Data for Severity: Medical experts analyze pain scale ratings to clarify how pain affects daily activities, breaking down the data for insurers or a jury. For example, an orthopedic surgeon may testify that a patient consistently rating pain at 9 out of 10 is facing severe limitations due to their pain, reinforcing claims for substantial damages.
  • Explaining Long-Term Prognosis: Experts can provide a prognosis based on pain scale history and injury type, helping attorneys justify claims for future treatment costs. This can be relevant in cases involving nerve damage or traumatic brain injuries where pain levels may remain elevated for life.
  • Clarifying Non-Visible Pain: Experts in pain management may testify on “invisible” pain, such as chronic back pain, which can affect a client’s life without outward signs. Their testimony reinforces the severity of the client’s experience, countering any claims that pain is exaggerated.

Protect Your Interests With Dudley DeBosier Injury Lawyers

Enduring persistent pain from an injury caused by someone else’s negligence can be overwhelming, but at Dudley DeBosier, we’re here to help. Our compassionate and skilled legal team uses their expertise to collect solid evidence, from pain assessments to expert testimony, to fully represent your suffering and its impact to fight for maximum compensation.

Contact us any time, day or night, for a free consultation to discuss your claim and learn how we can support you.

Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.