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Types of Damages Awarded For Chronic Pain in a Personal Injury Case 

By Walton Law APCMarch 9, 2023October 12th, 2023No Comments

Your quality of life can get significantly reduced if you suffer from chronic pain as a result of an accident. This can leave you with life-long financial consequences. More than 20% of Americans suffer from chronic pain that eradicates their ability to work and enjoy everyday activities. You have the right to seek compensation if your chronic pain is because of a personal injury accident, such as a motorcycle crash, car collision, or slip and fall.  

Chronic pain is not considered to be economic damage, which can make it difficult to prove. You should consider working with an experienced personal injury attorney to get the compensation you deserve.  

How is Chronic Pain Defined? 

Chronic pain typically refers to constant pain that lasts for more than 3 months. This can be intermittent or continuous and generally persists for a long time following an injury. Chronic pain can occur anywhere in the body and can interfere with your ability to work, do daily chores, perform self-care, participate in social or physical activities, and care for others (like young children). 

Chronic pain can result in sleep problems, depression, and anxiety, which makes the pain worse. The cycle can be difficult to break and often lasts for a lifetime. Common types of chronic pain include: 

  • Back pain 
  • Joint pain 
  • Fibromyalgia 
  • Nerve damage 
  • Migraines and headaches
  • Neck pain
  • Pain from a botched surgery and injuries 

Claim for Non-economic Damages 

Your attorney will ask for both economic and non-economic damages when you file a personal injury lawsuit. Economic damages are easier to recover since they are factual, such as lost wages and medical bills. On the other hand, non-economic damages are more difficult to prove during the trial. These are the non-quantifiable damages. They refer to emotional distress, pain and suffering, and loss of enjoyment of life.  

Your legal team will have to present your chronic pain by explaining its effects on your health and life. They will have to prove the claim with evidence so that the judge and jury can place a subjective value on the claims. It is difficult to prove subjective information. Your attorney will prove it using photographs, medical records, testimony, videos, and other methods. They will convey how your life has been affected by the physical and emotional consequences of your chronic pain.  

An Experienced Personal Injury Attorney Can Help 

You can maximize your compensation by hiring a personal attorney. They will help you get the settlement you require for treating your injury and chronic pain. It is recommended that you get legal representation before you answer any questions from the medical facility or insurance company. This will ensure that you don’t say anything that may be held against you at a later date.  

Most claims are usually resolved with the insurance company at the negotiation stage. However, there is a high likelihood that the insurance company of the negligent party doesn’t offer a fair settlement. Your attorney will take the case to the court if this happens.  

Talk to a Skilled Personal Injury Attorney Today 

You deserve compensation if your chronic pain is the cause of suffering a personal injury. The attorneys at Walton Law have the experience and resources to help victims get fair compensation for their injuries. To set up your complimentary consultation, call (866) 338-7079 or reach us online.