After an accident, you probably look forward to the moment when your recovery is over and you can get back to normal life. Unfortunately, chronic pain can make it difficult — if not impossible — to move on. The physical and psychological effects can interfere with your work, social life, and hobbies.
If another person caused an accident that left you with persistent suffering, you have a right to hold them accountable. With the help of a San Diego injury attorney, you can pursue compensation for the ongoing losses you’ll experience as a result of your chronic pain.
What Is Chronic Pain?
Chronic pain is physical discomfort that continues past the typical recovery period and lasts longer than three to six months. It’s a common condition that can affect virtually every aspect of your life.
Chronic vs. Acute Pain
Accident victims often experience both acute and chronic pain. When filing a personal injury claim, understanding the difference between them is vital.
Acute pain may be severe, but it’s also short-lived, generally occurring immediately after an illness or injury. For example, if you fall and break your leg, you experience serious acute pain because of the broken bone. However, the pain has an eventual end point.
Chronic pain, on the other hand, is lasting and often debilitating. It can continue for weeks, months, or years after you recover from the initial injury. A broken bone, for instance, might cause chronic pain in the surrounding muscle and tissue well after the bone itself has healed.
Causes of Chronic Pain
According to the Centers for Disease Control, around 20% of adults in the United States experience chronic pain due to illness or injury. Common incidents that can lead to chronic pain include:
- Slip and fall accidents: A fall can cause chronic pain due to sprains, bone fractures, and head trauma.
- Automobile accidents: Even seemingly minor accidents can cause whiplash, broken bones, and tissue damage that result in long-term pain.
- Dog bites: Puncture wounds and lacerations can damage your muscles, tendons, ligaments, and nerves, leading to persistent discomfort.
- Work-related injuries: Work injuries, particularly those involving repetitive motion, are often associated with chronic pain.
These types of injuries often happen because another person wasn’t paying attention or was acting recklessly. In those situations, your chronic pain is part of your personal injury claim.
Chronic Pain Symptoms
Chronic pain may develop as an aching, throbbing, burning, or stinging sensation in your body. It can lead to a wide range of symptoms:
- Depression
- Anxiety
- Insomnia
- Fatigue
- Irritability and mood swings
- Stiffness, weakness, and reduced range of motion
These effects, on top of the pain itself, can prevent you from living as you did before your accident.
How Chronic Pain Affects Personal Injury Claims
Personal injury claims generally encompass the medical bills, lost wages, and pain and suffering that you experience following an accident. Chronic pain adds another layer of expense and disruption to your life, but it develops after these early costs. However, because it can indefinitely prevent you from participating in many of your regular activities, chronic pain often warrants higher compensation.
Chronic pain can have a much higher cost over time than your initial injury. Victims have to pay for continued treatment, including medications, physical therapy, and psychological counseling. It’s especially important to include persistent suffering in your damages if pain limits your ability to work and affects your enjoyment of life. Similarly, your compensation might be greater if your pain makes it difficult to complete household chores and maintain relationships.
Factoring chronic pain into your personal injury claim protects you from future financial burdens. If the initial settlement offer that you receive is tempting, keep in mind that it may not account for ongoing medical costs related to your chronic pain.
Proving Chronic Pain
Insurance companies and defendants’ attorneys often try to reach lower settlements by understating the seriousness and impact of chronic pain. To avoid that outcome, you have to prove the extent and intensity of your suffering with evidence:
- Medical records
- Pain journals
- Statements from expert witnesses, such as medical professionals
- Statements from other witnesses, such as friends, family members, and coworkers
- Videos or photographs of your life before and after the accident
You’ll also need to show that your pain was a direct result of an accident where the responsible party was reckless or negligent. Police reports and medical documentation is critical to proving this point.
Challenges in Cases With Chronic Pain
Including chronic pain in your damages introduces new hurdles to your personal injury claim. As a result, some victims give up on seeking the compensation they deserve.
Problems When Proving Chronic Pain
Chronic pain isn’t always visible to others, so they might assume that you’re exaggerating or making it up. On top of that, you can’t generally confirm its existence with a laboratory test like an X-ray or blood work. In addition, you might not be aware of it until long after your accident.
Many people don’t realize that while you look healthy on the outside, you’re experiencing serious distress on the inside. Chronic pain also doesn’t necessarily mean constant pain. You might have good days when your pain is manageable and others when it’s overwhelming. Making these points clear to any parties involved in your claim is crucial.
Overcoming Obstacles With Chronic Pain Claims
An experienced personal injury attorney can help you navigate the complex legal issues related to chronic pain. They will take care of critical aspects of your case:
- Calculating damages and ensuring that they encompass all the costs associated with your accident, not just those resulting from initial medical care
- Speaking to witnesses and finding evidence
- Negotiating settlements with insurance companies
- If necessary, presenting your case in court
Working with an attorney can protect you from accepting an unfair settlement that doesn’t reflect the scope of your suffering.
Get Help From a San Diego Injury Attorney
Chronic pain can stop you from taking part in the activities you used to love. It can also create financial strain, which adds to your stress and interferes with your recovery.
If you or someone you love suffers from chronic pain resulting from an accident, a San Diego personal injury attorney at the Law Offices of Kroger-Diamond & Campos, APC can help. Reach out to schedule a free consultation and discuss the details of your claim.