If you were involved in an accident and are still experiencing pain weeks or months later, know that you are not alone. Millions of people suffer from chronic pain in the United States every year. This type of continuing pain can be life-altering and affect your ability to work, maintain relationships, and perform daily activities. It is important to understand that you can be compensated for chronic pain after an accident, depending on the details of the situation. To learn more and secure skilled legal advice, continue reading and consult with a knowledgeable New Jersey personal injury lawyer today.
What is Chronic Pain?
Chronic pain is pain that persists after an injury is healed. Any pain lingering longer than 12 weeks (three months) can be classified as chronic pain. It can stem from injuries that did not heal properly, nerve damage sustained in an accident, or even for unknown reasons. Things like car accidents, slip and falls, workplace incidents, medical malpractice, and more can cause chronic pain, not to mention medical conditions like fibromyalgia and CRPS (complex regional pain syndrome).
Can I Be Compensated for Chronic Pain After an Accident?
After being involved in an accident and physically healing, one of the most important things to consider is how you can recover compensation for your damages. Chronic pain is not as easy to prove and quantify as other more visible wounds, which can make legal claims more complex. However, courts and insurance companies recognize chronic pain as a compensable condition. This means that you can recover compensation for your chronic pain, given that you can provide sufficient evidence establishing that the defendant is liable for your damages.
When Can I Recover Compensation?
It is important to understand that chronic pain due to things like arthritis or fibromyalgia is not generally eligible for compensation since there is no party to hold responsible for the ailment. However, you may be able to recover damages if your chronic pain is a direct result of an accident caused by someone else’s negligence. This can include situations like the following.
- A car accident caused by another driver
- A workplace incident where the employer violated safety rules
- A slip and fall caused by unsafe property conditions
- Medical malpractice leading to nerve damage
To prove that the defendant in your case is liable for your chronic pain, you must prove the four elements of negligence, which include establishing that they owed you a duty of care and breached that duty, which caused your injuries and damages.
Chronic pain is considered a non-economic damage as it has no monetary value or losses associated with it, but it does impact your quality of life and ability to function. To learn more, reach out to a skilled personal injury attorney today.
