Compensation for Chronic Pain
Chronic pain claims are complicated, largely because the condition is a difficult one to prove. However, with the right legal support, you can get compensation for chronic pain. Your settlement will reflect the suffering you have wrongfully endured, and your financial losses.
Chronic pain and compensation claims
Chronic pain is a recognised condition. It is broadly defined as any pain that last for six months or more. WorkSafeBC actually divides chronic pain into three categories –
- Specific proportionate – where the pain has a clear medical cause and is proportionate to the injury
- Specific disproportionate – where the pain has a clear medical cause but is disproportionate to the injury
- Non-specific disproportionate – where the pain does not have a clear medical cause
Even though chronic pain is accepted by medical practitioners, it remains a controversial topic in the realm of personal injury claims. This is particularly true in cases where the pain is disproportionate to the injuries, or appears to have no medical cause. This makes it an easy target for those defending claims, who will argue the plaintiff’s symptoms do not correspond to their injuries – and so should not be considered as part of their claim.
Claiming compensation for chronic pain
If you have developed chronic pain because of an accident that was not your fault, we understand this is an upsetting position to be in. You are in debilitating pain, but the defendant (which is usually ICBC) is effectively calling you a liar. ICBC has also capped compensation awards for ‘minor injuries’, which it says includes pain syndromes. This creates further difficulties, as the burden is on you to dispute this.
Because of the complexities involved in a chronic pain claim, we urge you to contact us for expert legal representation. There are ways to succeed in a chronic pain claim. It is all about presenting the right evidence. This includes reports from medical experts who can be called upon to provide a testimony, if there is a trial. Witness statements are also key, both from you and your family and friends. This will highlight how your chronic pain only developed following your accident. The thrust is to show that you would never have suffered chronic pain, were it not for the accident.
Chronic pain personal injury lawyer Vancouver
We have helped many clients in the past whose lives have been seriously affected by severe, ongoing pain. We have seen first-hand how draining it is for the injured person, who often requires a significant amount of medication to get through the day. This can have a detrimental impact on someone’s mental health, and it’s not surprising that chronic pain is regularly associated with other conditions such as depression and anxiety. There may also be other implications, as your ability to work, socialise and participate in hobbies may be affected.
We can help you get the compensation you deserve. This covers different heads of damage, including –
- Your pain and suffering
- Your past loss of earnings
- Your future loss of earnings
- Your care costs
- Your out-of-pocket expenses