The CDC estimates that 20.9% of adults in the United States experience chronic pain. When chronic pain is the result of a personal injury, the victim may include it in a claim for compensation.
Getting compensated for chronic pain isn’t an easy task. A plaintiff must prove the existence of the pain and the appropriate monetary award. Insurance companies are often quick to contest it.
You deserve to be fairly compensated. At LA Century Law, our San Bernardino personal injury lawyers represent people in personal injury claims. We invite you for a consultation about your case. See why we win 99% of our cases. Contact us now.
Understanding Chronic Pain in Personal Injury Claims
Chronic pain can be an important part of a personal injury claim. Chronic pain is often the longest and most lingering effect of physical injury.
A few things to know:
- A victim in a personal injury claim can seek chronic pain compensation.
- Chronic pain may be claimed as economic and non-economic damages. There may be increased medical costs that should be compensated. Plus, you may claim for the physical suffering and anguish that you endure.
- Future damages can be part of the claim. You must identify projected future medical expenses and other costs.
- Chronic pain often accompanies other medical issues like depression, dementia, anxiety, and substance use. The larger impact on the person may be part of the case.
Yes, you can claim chronic pain compensation as part of a personal injury claim. There are important things you must do to build a strong case. You may have representation from a chronic pain lawyer.
What is chronic pain?
Chronic pain is physical discomfort and unpleasant sensory feeling that lasts beyond an acute injury or typical healing period. It is a long-term pain.
On the outside, you may look okay. However, you may have lingering disfigurement or medical conditions that continue to cause pain. In some cases, there may be no clear explanation.
Types of Injuries That Lead to Long-Term Chronic Pain
Injuries that may lead to long-term chronic pain include the following:
- Broken bones, musculoskeletal injury
- Nerve damage
- Post-traumatic stress disorder (PTSD)
- Disfiguring injuries
- Whiplash, muscle tears
- Brain trauma
Chronic pain varies from person to person. For some, it is a dull ache. For others, it is a sharp pain, throbbing, or stinging. It may be prolonged stiffness. The pain may be constant or may come and go or worsen periodically.
The presence of chronic pain may depend on several factors that including:
- The number of fractures
- Severity of injury
- Acute pain intensity
- Mental health injury, including traumatic stress
- Damage to multiple body systems
- Overall health
- Injury prognosis
How Chronic Pain is Documented and Proven in Court
To prove chronic pain, a victim typically relies on expert testimony, tangible evidence, and lay testimony. For example, in the case of Arashiro v. Schultz (2022), the plaintiff was in a car accident. They suffered injuries and later claimed chronic pain. The plaintiff underwent various medical evaluations and treatment.
As part of their claim for chronic pain, they presented witnesses and evidence to prove their case.
- The plaintiff’s testimony about symptoms, self-help, pain levels, and treatments
- The plaintiff’s sister, who testified to physical limitations and reduced energy levels
- The plaintiff’s boyfriend, who talked about the plaintiff’s complaints and mood changes
- A doctor who treated the plaintiff, conducting examinations and evaluations
- A clinician who diagnosed several chronic issues and the need for long-term care
The defense presented their experts to counter the plaintiff’s witnesses.
The existence of pain and the appropriate compensation are often contested in claims involving chronic pain. The plaintiff must meet evidentiary burdens, which are high. In this process, they may have representation from a lawyer.
Legal Strategies for Maximizing Compensation for Chronic Pain
Because chronic pain results in both economic and non-economic loss, a person seeking chronic pain compensation should prepare to address both aspects or whichever is appropriate for their case. The plaintiff must prove the reasonable cost of necessary medical care that they are reasonably certain to need in the future. The expense must be both likely to be incurred and reasonable. The degree of probability of future expenses occurring may be a critical part of the claim (Bellman v. San Francisco High School Dist., 11 Cal.2d 576, 588 (1938)).
Expert testimony may be needed. Although it is not required for a doctor to say there will be future chronic pain, the evidence must establish to a satisfactory degree that the disability will occur. Future damages are always difficult to measure. While that’s not a bar to recovery, the victim must prepare to meet their burden of proof. Admissibility of evidence should be a primary consideration as the plaintiff prepares their case (J.P. v. Carlsbad Unified Sch. Dist., 232 Cal. App.4th 323 (Cal. Ct. App. 2014)).
Non-economic damages for chronic pain
For future suffering relating to chronic pain, the jury must determine the amount, in current dollars, that will compensate the victim for future pain and suffering. The amount is not further reduced to the present cash value because it is already awarded in the current amount.
Non-economic damages are subjective, and the evidence will vary from case to case.
Medical Evidence That Strengthens Chronic Pain Claims
Medical evidence to strengthen a chronic pain claim is bolstered when the following holds true.
- Initial physical injuries are the result of the accident.
- The victim did not have ongoing pain before.
- Injuries are of a type likely to cause chronic pain.
Additional evidence may include the following:
- Pain that the victim is specifically experiencing
- Care that has been provided and pain that continues despite treatment
- Medical projections of pain in the future
- Cost of future treatments
- Impact on the person’s life
- Associated mental health injury accompanying chronic pain
Chronic pain can significantly impact compensation amounts.
Contact an Experienced San Bernardino Personal Injury Lawyer
Are you suffering from chronic pain because of a personal injury? Your damages should be recognized in your compensation claim. As leaders in personal injury litigation, LA Century Law lawyers know how long-term chronic pain affects personal injury compensation. Don’t get less than you deserve. Contact our lawyers now.