Accidents can cause physical injuries like broken bones. However,
they can also cause injuries that do not reveal themselves in the usual ways.
Far too often insurance companies refuse to provide adequate compensation for
chronic pain caused by accidents and acts of negligence.
Personal injury
claims for chronic pain presents a unique legal challenge, but a chronic pain
lawyer can help.
There are two leading types of pain: acute and chronic.
Acute pain is the body’s usual response to damage such as a cut, an infection,
or other physical injuries. This type of pain usually comes on quickly and
often goes away in a few weeks or months when treated properly.
According to the Canadian
Pain Coalition, chronic pain is pain that lasts over three months, beyond
when an injury should have healed. Chronic pain can affect any part of the body
and doesn’t resolve in response to treatment as it cannot be treated or cured,
it can only be managed. Some of the most common types of chronic pain following
an accident include:
· Lower back pain
· Post-trauma pain
· Neurogenic pain caused by nerve damage
· Migraine headaches
· Reflex sympathetic dystrophy (RSD)
· Diffuse regional pain syndrome.
Soft tissue injuries such as fibromyalgia, whiplash, and
other conditions, can also lead to chronic pain. It is estimated that one
in five Canadians suffer from chronic pain.
Accidents can have surprising consequences in terms of
injury and pain. Chronic pain injuries can be the result of different types of
accidents, such as:
· Pedestrian accidents
· Motorcycle accidents
· Slip-and-fall
Compensation for
Chronic Pain
If you have suffered any injuries
after being in an accident, there may also be soft tissue damage that is not
immediately apparent. A chronic pain lawyer will be able to tell you whether
someone was negligent or reckless in causing harm to you, and whether you might
be able to collect damages to cover your losses.
Chronic pain can reduce your earning capacity and requires
expensive, ongoing treatment for which you deserve compensation. Unfortunately,
people tend to dismiss chronic pain sufferers, since it is a condition that has
no physical symptoms.
As well as being awarded damages for pain and suffering, compensation
may include a claim for care given by a relative and the costs of any treatment
required as a result of the injury. The costs of physiotherapy,
rehabilitation treatment and specialist items of equipment are usually
recovered. Loss of earnings may also be claimed if the injury has affected, or
will affect earnings
Have a
Lawyer Review Your Case
Chronic pain represents a significant
decrease in life quality and these types of claims are particularly complex given
that they are highly subjective. Working with a chronic pain lawyer can greatly increase your
chances of a successful case, as they have the experience to advise you on what
to include in your application, how you should structure it and the type of evidence
that you should seek.