Why Chronic Pain Is Often Challenged by Insurers
For many people injured in auto accidents, pain does not resolve within weeks or even months. Instead, it becomes a persistent, life-altering condition. Chronic pain following a car crash is a serious medical and legal issue, yet it is frequently misunderstood and challenged by insurance companies.
When it comes to injury claims, establishing that an individual is truly experiencing chronic pain requires careful documentation and strategic advocacy. Talk to a Nashville personal injury lawyer about how to secure the financial relief needed to move forward.
How Chronic Pain Is Determined After an Auto Accident
Medically, pain is generally labeled chronic when it lasts longer than three months despite treatment. After an auto accident, chronic pain may stem from soft-tissue injuries, nerve damage, spinal trauma, or conditions such as whiplash-associated disorders and chronic regional pain syndrome. In some cases, pain continues even when imaging studies do not show obvious structural damage.
Physicians diagnose chronic pain through a combination of patient history, physical examinations, treatment response, and functional assessments. Pain specialists may evaluate mobility, strength, range of motion, and neurological symptoms. Consistent reporting of symptoms over time is a key factor in confirming that pain is ongoing rather than temporary.
Insurance companies are often skeptical of chronic pain claims because pain cannot be measured by a single test. Adjusters may argue that the pain is exaggerated, unrelated to the accident, or caused by pre-existing conditions. They may also point to gaps in treatment or the absence of dramatic diagnostic findings as reasons to minimize compensation.
In Tennessee, where compensation may be reduced by a level of fault, insurers often attempt to shift responsibility or downplay the severity of long-term pain to limit payouts. Without strong evidence, injured individuals may struggle to obtain fair value for their claims.
Proving Chronic Pain in a Personal Injury Claim
Proving chronic pain requires building a clear and consistent medical record. This often includes:
- Ongoing treatment notes documenting persistent symptoms
- Referrals to pain management specialists or neurologists
- Functional capacity evaluations showing work or daily activity limitations
- Diagnostic testing that supports nerve, soft-tissue, or spinal involvement
- Medication records and therapy histories
Testimony from treating physicians is particularly important in explaining how the accident caused the condition and why the pain is expected to continue.
When chronic pain is established, injured individuals may pursue compensation for both economic and non-economic damages. These may include past and future medical expenses, lost wages, and the cost of ongoing pain management. Non-economic damages address pain, suffering, emotional distress, and loss of enjoyment of life.
A seasoned Nashville personal injury lawyer plays a critical role in presenting evidence, working with experts, and countering insurance arguments that minimize invisible injuries. Attorneys also ensure that future care needs and long-term limitations are properly valued, not dismissed as speculative.
How has pain complicated your life? While no legal claim can undo the harm, financial recovery can provide stability, access to treatment, and a path forward. The lawyers at Calhoun Law, PLC are available to help. Contact us today and schedule a free consultation.