Personal injury cases often involve more than just broken bones, visible wounds, or conditions that appear clearly on medical imaging. Many accident victims experience real, debilitating pain that significantly impacts their daily lives, yet this pain may not show up on X-rays, MRIs, or other diagnostic tests. This situation raises an important question for injury victims: Can you still receive compensation for pain that cannot be definitively proven through medical testing?

At Mintz Law Firm, our experienced attorneys understand the unique challenges that subjective pain cases present and have successfully represented clients whose injuries extend beyond what medical tests can detect. With over 35 years of experience representing injured people throughout Colorado and $20M+ recovered annually for clients since 2016, we know how to build compelling cases that demonstrate the reality and impact of pain conditions that cannot be easily measured through conventional medical testing.

Types of Pain Often Difficult to Prove Medically

Certain types of pain and conditions are notoriously difficult to diagnose through objective medical testing, yet they can cause significant suffering and disability for those who experience them.

Chronic Pain Conditions

Chronic pain conditions like fibromyalgia, complex regional pain syndrome, and certain types of neuropathy may not show clear abnormalities on standard imaging studies. These conditions often require diagnosis based on symptom patterns, patient history, and exclusion of other possible causes rather than definitive test results.

Soft Tissue Injuries

Soft tissue injuries, including whiplash, muscle strains, and ligament damage, may heal without leaving visible evidence on medical scans, yet can cause persistent pain and functional limitations. These injuries are particularly common in automobile accidents and workplace incidents.

Traumatic Brain Injuries

Traumatic brain injuries can result in persistent headaches, cognitive difficulties, and other symptoms that may not correlate with findings on brain imaging. Post-concussion syndrome can cause debilitating symptoms long after initial head trauma, even when MRI and CT scans appear normal.

Building Evidence for Subjective Pain Claims

Successfully pursuing compensation for pain that cannot be medically proven requires building a comprehensive record that demonstrates the reality and impact of your condition through multiple sources of evidence.

Medical documentation remains crucial even when diagnostic tests fail to reveal obvious abnormalities. Consistent treatment with healthcare providers who document your complaints, symptoms, and functional limitations creates an important foundation for your claim. Pain management physicians, neurologists, and other medical professionals can provide valuable testimony about conditions that may not appear on standard imaging.

Functional capacity evaluations and independent medical examinations can provide objective assessments of your limitations and abilities, even when the underlying cause of pain cannot be definitively identified. These evaluations focus on what you can and cannot do rather than attempting to locate specific anatomical damage.

Personal documentation through pain journals, daily activity logs, and testimony from family members and friends who observe your limitations can provide compelling evidence of how pain affects your daily life. These accounts help paint a picture of your condition that goes beyond medical records alone. Treatment history and response to various therapies can also support subjective pain claims, as patterns of seeking relief help establish the genuineness of your condition.

Legal Standards for Pain and Suffering Compensation

Colorado courts apply specific legal standards when evaluating claims for pain and suffering damages, including those based primarily on subjective evidence. The reasonable person standard asks whether a reasonable person in the plaintiff’s position would experience the level of pain and limitation claimed, recognizing that people may have different pain tolerances and reactions to similar injuries.

Duration and severity of symptoms factor heavily into damage calculations, with chronic or permanent conditions typically receiving higher compensation than temporary discomfort. The timing of symptom onset in relation to the incident also impacts the strength of causation arguments.

Impact on daily activities provides measurable criteria for evaluating subjective pain claims. Courts examine how pain affects work capacity, recreational activities, household responsibilities, and personal relationships to assess the true scope of damages. Consistency with treatment patterns helps establish credibility when injured persons seek appropriate medical care and follow treatment recommendations.

Get Legal Help for Your Subjective Pain Case

Mintz Law Firm has successfully represented clients throughout Colorado whose pain and suffering extended beyond what traditional medical testing could detect. Our attorneys work with leading medical professionals who understand that the absence of objective findings does not negate the existence of genuine pain and functional limitations, and we operate on a contingency fee basis, meaning you pay no fees unless we secure compensation for your case. 

Contact our experienced attorneys today at (303) 462-2999 or through our contact form to discuss your case and learn how we can help you pursue compensation for your pain and suffering, regardless of whether it can be definitively proven through medical testing.