Personal injury claims are often based on injuries like whiplash, broken bones or others that are, generally, quick to heal. However, claims are sometimes needed because an accident has led to chronic pain and suffering that just won’t go away.
If you are suffering from constant pain because of an accident or incident caused by somebody else’s negligence, you may be eligible to claim compensation. In this guide to chronic pain claims, we’ll review what scenarios could result in a claim and how much compensation you could be paid.
Should you decide to take action, we’re here to help. We’ll start by offering free legal advice during an initial consultation. The merits of your claim will be assessed and you could be referred to one of our personal injury solicitors if it appears to have strong grounds. Importantly, they’ll represent you on a No Win No Fee basis if they take you on as a client. As a result, the only time you’ll pay for their work is if you receive a compensation settlement.
To learn more about when chronic pain claims might be possible, please carry on reading. Otherwise, please call our team if you’d like to start your claim right away.
Table of contents
- What Is Chronic Pain?
- Am I Eligible To Make A Chronic Pain Compensation Claim?
- Common Causes Of Chronic Pain Claims
- Evidence To Support A Chronic Pain Claim
- How Much Compensation For Chronic Pain Could I Claim?
- Chronic Pain Compensation Amounts
- Time Limits For Claiming Chronic Pain Compensation
- Starting The Chronic Pain Claims Process
According to the NHS, chronic pain is defined as continuous pain that lasts for 12 weeks or more. Any part of your body could be affected by chronic pain. It could result in anything from pain in your toe joints to constant back pain. The most common types of chronic pain can be described as:
- Acute soreness.
- Tight muscles.
- Aching sensation.
- Burning sensation.
- Shooting pains.
You might have to deal with chronic pain because of an injury sustained in an accident. Alternatively, it could develop because of surgery that was needed after an accident. For example, you could be more likely to develop arthritis after surgery on or near a bodily joint.
Before we move on to look at the process of claiming compensation for chronic pain, let’s look at some common conditions. They include:
Reflex Sympathetic Dystrophy Syndrome
This is a condition that can trigger a reaction in the nervous system that leads to the constant pain. Often, the pain will be worse than that caused by the original injury. The syndrome (also known as complex regional pain syndrome) can be caused by broken bones, soft tissue injuries, sprains, bruising and nerve damage.
Also known as fibromyalgia syndrome (FMS), this condition can cause pain all over the body. The exact cause of FMS is not known but it can be triggered by physically stressful events including operations, injuries, infections. It can also result from emotionally stressful events as well.
This is another chronic pain disorder that causes pain in the muscles. It can also lead to referred pain which means seemingly unrelated body parts can be affected. Muscle injuries are one risk factor associated with myofascial pain syndrome.
This is perhaps the most common form of chronic pain condition. It results in inflammation and pain in joints. The two most common types of arthritis are rheumatoid and osteoarthritis. Any joint can be affected and you may be at higher risk of chronic pain if you suffer a traumatic injury affecting a joint.
If you’re suffering from chronic pain and would like to begin a compensation claim, please get in touch today.
Chronic pain conditions can result in several different ways. They could be caused by an accident, repetitive strain injuries, medical negligence and many other ways. To claim compensation for chronic pain, you’ll need to show that:
- The defendant owed you a duty of care; and
- They were negligent and allowed an accident or incident to occur; and
- Because of that accident, you are suffering from chronic pain.
Duty of care might seem like a complex legal term but it’s usually quite easy to establish. For example, all road users owe each other a duty of care to drive safely. Similarly, your employer has a duty of care to try and keep your workplace safe.
When you call for a free claim review, your advisor will check that a duty of care exists. Therefore, the next thing to do is to provide evidence to show how your injury occurred and how it affects you. We’ll look at how to do so in the next section.
Chronic pain can result from a variety of accidents and injuries. However, some common accidents that can lead to chronic pain claims where somebody else’s negligence was the cause include:
- Road traffic accidents (RTAs). Car, motorcycle and cycling accidents can result in a variety of injuries, including whiplash and back injuries, other types of neck injuries and nerve damage, all of which can cause chronic pain.
- Slips, trips and fall accidents. Slip and fall accidents can result in injuries such as broken bones, sprains, and strains, which can lead to chronic pain if not treated properly.
- Workplace injuries. Workplace injuries such as repetitive strain injuries and back injuries from lifting at work can lead to chronic pain if not properly managed and treated.
- Sports injuries. Sports injuries such as fractures from illegal tackles can lead to chronic pain.
Whatever type of accident or incident has led to you suffering from chronic pain, if somebody else is to blame, please contact us for free advice as you may be eligible to claim compensation.
Whether you’re dealing with chronic pain because of a car accident or because you’ve been using vibrating tools at work for years, you’ll need evidence to support your claim. This will need to show what caused your injuries and who was to blame. The types of information you could use include:
- Medical records. These could be used to show what injuries a doctor has diagnosed. Any x-rays or test results could also be useful.
- Photos. If you have been involved in an accident or your injuries have been sustained at work, taking photos can help. You should try to capture the cause of your injuries before anything is moved away from the scene.
- Witness details. To help prove how an accident happened, your solicitor may ask any witnesses for a statement. Furthermore, they might ask colleagues to explain how your working conditions could’ve caused your injuries.
- Accident report forms. Businesses need to record any accidents in an accident report book. You are entitled to a copy of the report and it could be used as supporting evidence in your claim.
- Occupational health reports. These could be useful if your chronic pain is caused by repetitive motion at work. A report from occupational health that suggested changes that weren’t implemented could help prove your employer was negligent.
- Financial records. As part of your claim, you may be entitled to seek damages for any costs you’ve incurred. Therefore, you should retain any relevant receipts or bank statements to substantiate your claim.
If you’d like us to check whether your evidence could be used to support your chronic pain claim, please call today for a free case review.
If you decide to proceed with a chronic pain claim, your solicitor will calculate your compensation settlement amount by using two separate heads of loss:
- General damages. Here you’ll look at the pain and suffering you’ve had to endure. There could also be an element called loss of amenity. This is where you’ll claim for any hobbies or activities you can’t enjoy because of your injuries. For instance, you could claim for the loss of enjoyment if arthritis in your hands means you can no longer play tennis as you used to.
- Special damages. This part of the claim focuses on the financial impact of your injuries. You could seek damages to cover care costs, medical expenses, lost earnings and mobility aids.
You will likely need a medical assessment to help establish the extent of your injuries. Our solicitors can usually make an appointment with a local medical specialist so you won’t need to travel too far.
Each claim is different to the next which means we can’t offer personalised settlement estimates here. However, to give some idea of what payout could be awarded, we’ve added some chronic pain compensation amounts below.
|Complex Regional Pain Syndrome||Severe||£52,500 to £84,010|
|Complex Regional Pain Syndrome||Moderate||£28,030 to £52,500|
|Other disorders, e.g. Fibromyalgia||Severe||£42,130 to £62,990|
|Other disorders, e.g. Fibromyalgia||Moderate||£21,070 to £38,490|
If your claim is taken on, a more accurate estimate will be provided once your injuries have been fully assessed.
Claims for injuries that result in chronic pain must be made within the allowable time limits. If you suffered because of an accident, you’ll have 3-years to claim from the date of the accident. However, if your injuries have developed over time, like RSI injuries, for instance, your 3-years will begin from the date a doctor diagnosed them.
Our advice is to begin the claims process sooner rather than later. There is quite a lot to do before your claim is submitted so, by starting sooner, you’ll give your solicitor plenty of time. Also, if liability is admitted early on, your solicitor could request an interim payment to cover the cost of private medical care to help you get better sooner.
Claiming for injuries that cause chronic pain can be quite a complex task. You will need to prove to an insurer (usually) how their client caused your injuries and how substantial they are. If you fail to do so, you might miss out on being compensated.
We believe that you’re more likely to win your case and be compensated fairly with a personal injury solicitor on your side. Our team of specialists have been representing clients for many years and could help you too. If you’d like to discuss your options and have your chronic pain claim reviewed, please call us today on 0800 6524 881.