Chronic Pain Compensation

People injured in accidents can suffer from many different types of chronic pain.  Pain has many different causes, but pain caused by an accident can come on after musculoskeletal injuries, nerve damage and as a psychological reaction.  Some of the types of chronic pain which can be suffered as a result of an accident include chronic back or lower back pain, chronic pain in the neck or shoulder, chronic pain in the arm, hand and fingers, chronic stomach pain, chronic pain in the pelvis, hip, knee or ankle, and chronic pain in the chest.  Injuries can often lead to chronic and persisting headaches including cluster headaches and migraines.  For some people the pain can be widespread and affect many different parts of the body at the same time.  If you believe you’re suffering from chronic pain because of an accident and want legal advice, get in touch with our Serious Injury Solicitors for a free claims assessment.

Chronic pain is pain which persists and is ongoing after 3 months.

There are different types of pain you can experience as a result of an injury including:-

• Nerve Pain – for example sciatica, carpal tunnel syndrome, neuralgia
• Joint Pain – for example arthritis, tendinitis, bursitis

There are some recognised pain conditions and fatigue conditions which are classified as Chronic Pain when considering chronic pain compensation which can themselves be caused or made worse by an injury including: -

• Fibromyalgia
• Complex Regional Pain Syndrome – known as CRPS 
• Chronic Pain Syndrome
• Chronic Fatigue Syndrome (sometimes called ME)
• Functional Neurological Disorders (FND) sometimes called Conversion Disorders or Dissociative Disorders
• Somatic Symptom Disorders

We can help you access early screening, so you get a diagnosis.  We find that in many cases, people often struggle to be believed about how much pain they’re experiencing and find it hard to get a diagnosis. So, this early screening can make a huge difference to you.

We recognise that long-term chronic pain probably can’t be managed by a single healthcare professional with one pain management programme. Instead, it’s far more common for pain management to involve an entire health team comprised of GPs, hospital consultants, nurses, pharmacists, physiotherapists, counsellors, and occupational therapists.

So, if you’re referred to private practices, claiming compensation against the party that caused your chronic pain can ensure you’re not left footing a hefty bill.

Physical exercise can be an effective way of handling chronic pain. So, we help our clients to access the best treatment as part of their pain management plan.

Some of the physical therapies that your health team may recommend include:

• Physiotherapy
• Occupational therapy
• Exercise
• Hydrotherapy
• Joint Protection
• Splints
• Manipulation
• Stretching
• Pain relief exercise

Any physical therapy is usually delivered by an osteopath, chiropractor, physiotherapist or occupational therapist skilled in chronic pain conditions. And you may be given exercises to do at home that can be incorporated into your daily routine.

A pain management programme usually involves a series of sessions, all aimed at teaching you how to live with your pain.

Rather than treating pain directly, these management programmes aim to teach you techniques to help you cope with the pain. This could help you enjoy better sleep and improved mobility, which adds to a better quality of life.

We can help you devise a wider approach to take, to help you live a better and happier life.

• Mindfulness and psychological therapy treatments can also be a key part of your recovery. Some of the treatments your health team may recommend include:
• Cognitive Behavioural Therapy Treatment (CBT)
• EDMR
• Couple and Family Therapy
• Mindfulness and Wellbeing Techniques
• Yoga
• Sensory Treatment
• Aromatherapy
• Music Therapy

Every case is different and often there are many different injuries suffered as a result of an accident but if the pain is the main feature of your symptoms, the injury aspect of the compensation could be valued as chronic pain.

To help value your case, solicitors use a publication called the Judicial College Guidelines (The JC Guidelines).  This has its own category of Chronic Pain. 

For diagnosed pain conditions they are valued by the Guidelines (the latest 16^th edition), according to whether they are severe or moderate. 

For a severe pain disorders which is described where people have significant symptoms despite ongoing treatment and where symptoms are likely to continue the suggested bracket of damages if £42,130 to £62,990.  This includes Fibromyalgia where there are serious ongoing symptoms.

For moderate pain disorders which is described as symptoms where you have fully recovered or are nearly recovered after several years of symptoms through to where you have ongoing symptoms but it doesn't have a major effect on your day to day life, it also includes the situation where a person already has a pre-existing pain condition or was vulnerable to developing one but it has been triggered or made worse by the accident.  The suggested bracket of damages is £21,070 to £38,490

If you are diagnosed with CRPS then this has its own specific bracket of suggested damages ranging from £28,030 to £84,010 depending on the severity of your symptoms.

Please remember though that this is a rough guide only and our expert chronic pain solicitors will advise you on the likely award for your injury based on the circumstances of your case.  Also this is a rough guide only for the injury aspect of your claim.  By far the largest aspect of many chronic pain compensation claims is the financial loss both past and future financial loss for financial losses you have incurred such as loss of earnings and the cost of treatment and for the future costs you are likely to incur.