Chronic Pain Claims

lucie-tauveron
Lucie TauveronLegal Insights Contributor
Updated on 20th February 2024

We all live with some form of daily aches and pains, it’s part of getting older unfortunately. However, chronic pain is a different matter. Typically lasting three months or longer, it can be physically and emotionally exhausting, and at its most serious, debilitating.

What remains difficult with chronic pain, is that it can be extremely challenging to diagnose and treat, but possible. If you did get an injury causing chronic pain that wasn’t your fault, you'll be pleased to know that you may be able to claim compensation to deal with the consequences and help manage and treat your condition.

Keep reading to discover whether you might be able to make a chronic pain compensation claim as we guide you through the process. 

What is chronic pain?

NHS Inform describes chronic pain as ‘pain that lasts longer than 12 weeks, or beyond the natural healing time’.

Pain is the body’s way of protecting itself, however by the time chronic pain sets in, the original injury should have healed itself naturally by normal standards

Pain messages are carried through the nerves of the body’s central nervous system to the brain. Chronic pain happens when the brain misinterprets these signals and continues to send out pain messages to the body. This is why you can feel pain when there is no damage to your body.

It can exist as part of another health condition, or persist despite investigation from medical professionals and treatment.

You should phone your GP in the first instance if:

  • Your pain lasts longer than 12 weeks

  • You believe your symptoms meet chronic pain criteria

  • You think the pain is getting worse

  • You already have diagnosed chronic pain and have developed new symptoms

What are the different chronic pain conditions?

Chronic pain can show itself in almost every part of the body, however there are some specific conditions that you may be experiencing:

  • Fibromyalgia – also known as fibromyalgia syndrome (FMS) causes pain all over the body. Symptoms include increased sensitivity to pain, muscle stiffness, fatigue, arthritis, tinnitus, bladder problems, lower back pain, narcolepsy, brain fog, headaches, IBS, frustration/worry/low mood. Symptoms can suddenly worsen or improve, so you should consult a doctor if you experience symptoms

  • Complex regional pain syndrome (CRPS) – causes continuous, severe and sometimes debilitating pain. It usually affects only one limb, but can spread. It can feel like a burning, stabbing or stinging, and you may also feel tingling and numbness. CRPS may also be referred to as hyperalgesia and allodynia 

Chronic pain can be caused by a number of accidents and injuries, although it doesn’t always result from an accident, and can sometimes be hard to trace. This is one of the key challenges of making a chronic pain claim. 

Some of the most common causes of chronic pain include:

  • Road traffic accidents – whatever road vehicle you’re operating, an accident could result in whiplash, back injuries, neck injuries or nerve damage

  • Slips, trips and falls – whether at work, or somewhere another party has a duty of care to you, these accidents can lead to broken bones, strains and sprains

  • Workplace injuries – may include repetitive strain injuries and back injuries from heavy lifting 

  • Sports injuries – can stem from illegal tackles or a defendant failing to put proper protections in place

Can I make a claim for chronic pain?

If you were injured in an accident that wasn’t your fault and you’re now experiencing chronic pain, you may be able to make a chronic pain injury claim.

You’ll have to be able to demonstrate that the party you’re claiming against has failed to uphold a duty of care they had to you.

You’ll need to be able to prove:

  • The defendant owed you a duty of care;

  • They were negligent and allowed the incident to occur;

  • You’re suffering chronic pain due to the incident or accident.

Duty of care is easy to define, though sometimes hard to prove. As an example, your employer owes you a duty of care while you’re working for them. And all road users owe each other a duty of care, which is the reason why drivers need personal liability insurance to mitigate against insurance claims.

How do I make a chronic pain claim?

When you believe someone has failed in their duty of care towards you, you may wish to make a claim for chronic pain compensation.

With the support of a solicitor, you can bring a claim against the other party. When you contact one of our expert solicitors about making a claim, they will offer you a free case assessment to determine whether you have a case. 

They will ask you about your pain, if you can trace it back to a particular event or injury and help you gather the evidence you’ll need to make an iron clad case. 

Get in touch with us today to discuss your circumstances. 

Common challenges of making a chronic pain claim

As we hinted, proving the cause of chronic pain injuries can pose some challenges.

It may be that medical professionals have been dismissive when you have reported your symptoms. You may feel overwhelmed as a result and unable to cope with daily life.

This is where the support of an understanding and experienced chronic pain compensation specialist comes to the fore. 

Our experts understand the process of making a claim inside out. We’ll help you collect evidence despite doctors who may have treated you poorly and not believed you when you explained the pain you’re feeling to them.

You may have spent years trying to get a diagnosis and now feel compensation is the only route available. Well, we vow to be on your side and support you every step of the way to receiving the compensation you deserve.

Over time, judges have become more open to chronic pain claims as long as they are supported by thorough evidence.

How much compensation can you get for a chronic pain claim?

The amount of compensation you’ll receive is shaped by the severity of your injuries, the physical and emotional toll they take on your work and home life and the expenses you have incurred as a result of your accident.

The Judicial College lays out the compensation costs you can claim. 

The guidelines (2022) are in their 16th edition, and compensation ranges from:

  • Moderate complex regional pain syndrome – up to £52,500

  • Severe complex regional pain syndrome – between £52,500 and £84,010

  • Severe carpal tunnel: £13,000 to £20,000

  • Moderate to serious vibration white finger – £8,640 to £38,430

As part of the claims process, your solicitor will likely refer you to an independent medical specialist, who discusses your pain with you. They’ll examine your medical reports and file a report of their own explaining how you’re affected and how long they think your pain will last, in their professional opinion.

The independent medical professional will use their report in conjunction with your solicitor’s expertise to calculation a settlement.

Your solicitor will review the following when determining a compensation figure:

  • Your physical pain symptoms

  • Loss of amenity - employment and hobbies/ability to enjoy life

  • Mental anguish, anxiety, depression

  • Income loss from periods of work

  • Future loss of earnings

  • The time a loved one has looked after you, or the money spent on a professional carer

  • Travel costs for medical appointments

  • The costs to make your home more accessible

  • Medical care, including physiotherapy, rehabilitation and counselling

Can I claim compensation for other losses as well as chronic pain?

Compensation costs are split into two main categories:

  • General damages – apply to any pain, suffering and loss of amenity 

  • Special damages – relate to lost earnings, medical treatment costs, physiotherapy, travel costs, costs of care, costs of adapting your home or vehicles

How long do I have to make a claim for chronic pain?

The allowable time limit for claiming chronic pain compensation is three years, as it is for most types of personal injury.

If your injuries resulted from an accident, you have three years from the date of the injury to begin a claim for compensation. If your injuries developed over time, as is often the case with conditions like RSI, you have three years from the date a doctor diagnosed them.

We always advise our clients to begin a compensation claim as soon as possible. This will give you the time you need to gather evidence needed to prove a claim of negligence. The sooner you start, the sooner your solicitor can get to work building your case.

Also, if you start sooner rather than later and the defendant admits responsibility, you can get an interim payment to cover your expenses.

How do I prove a chronic pain claim?

The burden of proof for chronic pain injuries can be quite high. 

This is nothing to worry about however, you just need to be well prepared and thoroughly collect as much as the following evidence as you can:

  • Medical records – these will show your reported symptoms and how far they go back, any diagnosis your doctor has given you and any X-rays, tests and treatments you’ve undergone

  • Documentary evidence – take as much photographic and video evidence of the scene of your accident, for example the equipment you were using at the time of your injury or the obstacle you tripped over at work. You’ll also need to take photos of your injuries, the closer to the time of the accident the better

  • Witness details – if a colleague, or fellow road user for example witnessed the accident, be sure to collect their contact details. Your solicitor may ask them for a statement

  • Accident reports – if the accident took place at work, under workplace safety laws you should have filled out an accident report to log your accident. You are entitled to a copy of this report which you can use as supporting evidence for your claim

  • Occupational health report – these mostly apply to repetitive motions at work and relate to vibration injuries. If your employer ignored suggestions for adjustment to work following the report of an occupational health specialist, this will help support a claim of employer negligence

  • Financial records – you can claim special damages for the costs you have accrued as a result of your injury. Make sure to collect receipts and save bank statements for medical treatment, travel costs etc

No win no fee chronic pain claim

Most chronic pain claims are taken on by solicitors on a no win, no fee basis. This means you don’t need to worry about getting into financial trouble to launch a compensation claim.

When you first speak to our qualified solicitors, they will explain their pricing and whether they are willing to take your case on as no win, no fee.

Be sure to discuss what you’ll receive from this kind of arrangement because they differ between solicitors. You may need to be prepared to pay a success fee – a small fee based on a proportion of your settlement if you win.

Ask your solicitor if there are any hidden fees, as some no win, no fee solicitors unscrupulously hide fees. Don't worry, here at Lawhive, everything is transparent and clear.

How Lawhive can help

It is our firm belief that your chances of winning the compensation you deserve increase with the guidance of a chronic pain claims expert.

They can help you negotiate the highest compensation possible under the law, arrange interim payments to help you manage financially and offer you support through what can be a difficult process.

Our solicitors are here to support you when you feel ready to talk.

Get in contact with our friendly and professional expert chronic pain claim solicitors today for a no win, no fee, no obligation free case assessment. They’ll be able to quickly tell you if you have a case, estimate how much you could receive, how long the process will take and what to expect from each stage.

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