In California, thousands of people suffer injuries in car accidents every year. According to the California Office of Traffic Safety (OTS), almost 18,000 people were seriously injured in traffic accidents in 2021. Many of these accident victims experience not only physical pain but also emotional and psychological distress—factors that should be considered when determining compensation for pain and suffering.
However, insurance companies are profit-driven businesses that aim to minimize payouts. One of the most common tactics insurance adjusters use is to devalue insurance claims by arguing that injuries are not severe, treatment is unnecessary, or emotional distress is exaggerated.
This blog will break down four ways insurers try to devalue your insurance claim and what you can do to protect your right to full and fair compensation.
What Do Pain & Suffering Damages Mean?
Before discussing insurance tactics, it’s essential to understand what pain and suffering damages are covered in a personal injury claim.
- Physical Pain: Ongoing discomfort, chronic pain, or limited mobility resulting from the accident.
- Emotional & Psychological Distress: Anxiety, PTSD, depression, or other mental health struggles caused by the trauma.
- Loss of Enjoyment of Life: Inability to participate in hobbies, social activities, or work due to injuries.
- Permanent Disfigurement or Disability: Long-term consequences that impact daily living and self-confidence.
Unlike economic damages—which cover medical bills, lost wages, and property damage—pain and suffering are non-economic damages and more complex to quantify. This is why insurance adjusters work tirelessly to reduce or deny these claims.
4 Ways Insurers Devalue Your Pain & Suffering Claim
1. Arguing Your Injuries Are Not Severe Enough
One of the most common ways insurers devalue insurance claims is by claiming that your injuries aren’t severe enough to warrant compensation.
How They Do It:
- Using medical records selectively to downplay your injury.
- Claiming soft tissue injuries (like whiplash) are minor and don’t justify a large payout.
- Stating that lack of visible injuries means less pain and suffering.
How to Protect Yourself:
- Seek immediate medical attention and document all symptoms.
- Keep detailed records of your treatments, medications, and pain levels.
- Work with experienced personal injury lawyers who can present strong medical evidence.
2. Claiming Delayed Treatment Means You Weren’t Seriously Hurt
Insurance companies assume you would have sought treatment immediately if you were in pain. If there are gaps in your medical treatment, they will argue that you either weren’t truly injured or that your injury is unrelated to the accident.
How They Do It:
- Pointing out delays in seeking medical care as proof that your pain is exaggerated.
- Blaming pre-existing conditions instead of acknowledging accident-related injuries.
- Using gaps in medical treatment to justify a lower settlement.
How to Protect Yourself:
- Visit a doctor immediately after your accident, even if you feel okay.
- Follow all recommended treatments—missing appointments could weaken your case.
- Get a legal review of your case to ensure you’re properly compensated.
3. Using Surveillance & Social Media Against You
What you post online can and will be used against you. Insurance companies monitor claimants’ social media profiles to find evidence contradicting their pain and suffering claims.
How They Do It:
- Reviewing social media posts for pictures or videos that suggest you’re not injured.
- Misinterpreting activities—For example, a photo of you smiling at a family event might be used to argue you’re “not in distress.”
- Hiring private investigators to document physical activities that contradict your claim.
How to Protect Yourself:
- Avoid posting about your accident, injuries, or activities online.
- Set your social media accounts to private, but insurers may still access content.
- Inform close friends and family not to tag you in posts or discuss your injury online.
4. Pressuring You to Settle Quickly for Less
After an accident, you may feel overwhelmed, financially stressed, and eager to move on. Insurers take advantage of this vulnerability by offering quick, lowball settlements—hoping you’ll accept before realizing your full damages.
How They Do It:
- Offering settlements before you’ve fully recovered.
- Downplaying the long-term impact of your injuries.
- Implying that legal action will take too long or isn’t worth it.
How to Protect Yourself:
- Never accept the first offer without legal review.
- Consult experienced personal injury lawyers before signing anything.
- Remember: Your pain and suffering are valuable, and you deserve full compensation.
How to Protect Your Pain & Suffering Claim
- Get Medical Treatment: Document your injuries and follow all medical recommendations.
- Keep a Pain Journal: Record how your injuries affect your daily tasks and quality of life.
- Hire our Experienced Attorney: Our car accident attorney in Hawthorne will fight against insurance adjusters and protect your claim.
- Don’t Rush to Settle: Take time to understand your total damages before accepting any offers.
Farahi Law Firm Will Fight For What You Deserve
If you’re facing insurance adjusters who are trying to devalue your insurance claim, don’t go through it alone. Our skilled personal injury lawyer in Hawthorne can:
- Negotiate aggressively to ensure your pain and suffering are fairly compensated.
- Gather strong medical evidence to counter insurance company tactics.
- Represent you in court if insurers refuse to offer a fair settlement.
At Farahi Law Firm, we fight to ensure our clients receive the medical treatment they need and the money they deserve.
Call us today for a FREE consultation, and let us help you secure maximum compensation!
