When you think of a personal injury claim, you likely imagine a broken bone, visible scars, and hospital stays. However, many injuries and issues are not that obvious. Chronic pain is one of the most debilitating repercussions of an accident, so it is important to include it in your personal injury claim and seek compensation for your related losses. To learn more and secure skilled legal advice, reach out to a knowledgeable Pikeville, KY personal injury lawyer today.
What is Chronic Pain?
Chronic pain is a condition where physical pain symptoms continue even after an injury or illness has technically healed. It is defined as long-term discomfort and pain that persists beyond 12 weeks or three months. The pain may be constant and present all the time, or it may come and go.
This pain can occur from an injury, disease, or even unknown causes and can significantly diminish an individual’s quality of life. Examples of chronic pain conditions include:
- Back pain
- Neck pain
- Migraines
- Neuropathy
- Complex regional pain syndrome (CRPS)
- Fibromyalgia
Chronic pain can significantly impact a person’s quality of life and interfere with work, relationships, sleep, and general daily activities.
Can Chronic Pain Be Included in a Personal Injury Claim?
In a personal injury claim, you can recover compensation for two types of compensatory damages: economic and non-economic. Economic damages are actual financial losses that can be quantified, like medical bills, lost income, future medical treatment, property damage, etc. Non-economic damages, on the other hand, are designed to address non-financial losses like pain and suffering, emotional distress, loss of enjoyment of life, and more.
Chronic pain can be included in a personal injury claim under non-economic damages. The physical pain that you experience when dealing with chronic pain can be devastating and interfere with almost every aspect of life. Additionally, you may require treatment for your chronic pain. In this case, it will qualify for economic damages as well.
It is important to note, however, that chronic pain can only be included in a personal injury claim if the defendant is legally responsible for the accident that caused the injury. If your pain developed from an unrelated illness or genetic condition, you will not be able to hold another party responsible.
How Can I Prove My Chronic Pain?
Because pain is not visible and will not appear on an X-ray or MRI, it can be difficult to prove in court during settlement negotiations. However, with the right evidence, you can demonstrate your pain and the effects it has had on your life.
- Medical records
- Expert testimony from doctors and mental health professionals
- Firsthand testimony from pain journal
- Employment and income records
These are just a few of the many pieces of evidence that can come in handy when establishing chronic pain. For more information and legal advice, reach out to a skilled personal injury attorney today.
