If you have been left with chronic pain as a result of an accident that was not your fault, you could be entitled to pursue a claim. Your compensation settlement will reflect the prolonged nature of your injuries.
What is chronic pain?
Chronic pain is pain that lasts for six months or more. It differs to acute pain, which is temporary and subsides within days, weeks or a few months.
Chronic pain can lead to conditions such as Chronic Pain Syndrome (CPS), fibromyalgia and Complex Regional Pain Syndrome.
Traumatic accidents and chronic pain
Chronic pain typically occurs following a traumatic event. For example, if you are involved in a motor vehicle accident, you may still be experiencing neck or back pain months after the incident. Or if you injured your spinal cord following a slip or fall, the nerves may have sustained irreparable damage, resulting in chronic pain.
Living with chronic pain is both draining and debilitating. It can impact your ability to work, sleep and carry out day-to-day tasks. Sadly, the issue can be difficult to resolve. Treatment is usually focused on helping you manage the pain, rather than solving the underlying problem.
Personal injury claims
If you have been left with chronic pain following an accident which was not your fault, you could be in a position to make a personal injury claim. This is when you take legal action against the person or organisation responsible for your injuries. This could be a driver, a municipality or a grocery store.
A personal injury claim allows you to recover compensation to reflect your pain and suffering. It also covers any out-of-pocket expenses, such as lost income, medical care and rehabilitation. This can be a huge help in cases of chronic pain, especially where ongoing therapy is needed.
Proving your damages
When you make a personal injury claim, you must establish the extent of your pain and suffering. This is hard to quantify because pain is subjective. Everyone has different pain thresholds. Two people can experience the same injury in very different ways. Also, conditions such as fibromyalgia are poorly understood, further complicating matters.
That is why it is essential to have a personal injury lawyer act on your behalf. If you deal directly with the insurer defending the claim, they may challenge your statement, saying it is disproportionate to your injuries. A personal injury lawyer can present the correct evidence, proving your chronic pain beyond doubt.
Vancouver personal injury lawyers
When you make a personal injury claim, your compensation settlement should reflect the pain and suffering you have experienced – and will continue to experience in the future.
At John Mickelson Law Corporation, we will see that you are properly compensated for your injuries. We can also help you access the right medical care, allowing you to better manage your condition.
To speak to a lawyer about claiming compensation for chronic pain, please contact us now.