If chronic pain has set you back, we'll help you move forward
Chronic pain, a condition that can be both debilitating and persistent, can lead to a compensation claim if your injuries were caused by someone else's actions or negligence.
Compensation may be awarded to cover your medical expenses, and the broader, long-lasting impact on your quality of life and earnings.
You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.
Over 30% of people have chronic pain - you are not alone
Chronic pain is defined as 'as pain that has persisted beyond normal tissue healing time. It can be continuous or interrupted by pain-free intervals' (bma.org.uk).
In a report published by Public Health England, 34% of men and 38% of women reported some level of chronic pain (assets.publishing.service.gov.uk).
The prevalence of chronic pain increases with age, with 53% of men and 59% of women aged 75 and over being affected.
If you decide to make a chronic pain claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.
For information on chronic pain support and treatment, see: chronic pain management (nhs.uk).
Am I entitled to make a chronic pain claim?
In general, you can claim compensation if you were hurt:
- within the last 3 years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
Is a claim still possible if I was partly responsible for my injury?
Understanding who is legally at fault for an accident often requires navigating through a maze of legal complexities.
Each year, Quittance carries out a survey of potential claimants. In our 2024 Personal Injury Claimant Survey, 13.99% of respondents felt they might be at least partly to blame for their injuries.
When fault on both sides caused a claimant's injuries, this is called 'contributory negligence'. In these situations, compensation may still be payable on the basis of a split liability agreement.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long after a chronic pain do I have to start a claim?
An injury claim will usually need to be made within 3 years of the date or your accident or injury.
If you were injured due to someone else's negligence but didn't realise it at the time, the clock starts ticking from the 'date of knowledge' - the day you become aware of your injury.
For injured children, a claim can be started by a parent or guardian at any time before they turn 18. Thereafter, the injured individual has until their 21st birthday to make a claim on their own.
How much compensation can I claim for a chronic pain?
The amount of money you could claim for your injury will depend on:
- the seriousness of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
Chronic pain
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General damages
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
How is compensation calculated if I have multiple injuries?
Special damages
Special damages is compensation for quantifiable financial losses you've incurred as a result of your chronic pain Compensation can include lost wages, bonuses, benefits and other perks, and any additional expenses directly related to your injury.
These damages will also cover any medical or treatment bills, such as pain medication, physiotherapy, psychological therapy and pain management.
Read more:
A complete list of recoverable losses in a personal injury claim
Average chronic pain general damages compensation
The following chronic pain payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Sixteenth Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
| Injury | Severity | Example | Amount |
|---|---|---|---|
| Chronic pain | |||
| Chronic pain | Moderate | Moderate pain disorder | £19,150 to £34,990 |
| Chronic pain | Moderate | Moderate Complex Regional Pain Syndrome (CRPS) | £25,480 to £47,730 |
| Chronic pain | Serious | Serious, persisting pain disorder | £38,300 to £57,260 |
| Chronic pain | Severe | Severe Complex Regional Pain Syndrome (CRPS) | £47,730 to £76,370 |
| Hand Arm Vibration Syndrome (HAVS) | |||
| Hand Arm Vibration Syndrome (HAVS) | Minor | Minor symptoms | £2,720 to £7,850 |
| Hand Arm Vibration Syndrome (HAVS) | Moderate | Minor symptoms in cold weather | £7,850 to £15,240 |
| Hand Arm Vibration Syndrome (HAVS) | Serious | Year-round symptoms | £15,240 to £28,760 |
| Hand Arm Vibration Syndrome (HAVS) | Severe | Affecting both sides in a younger person causing a change in job | £28,760 to £34,940 |
| Vibration White Finger (VWF) | |||
| Vibration White Finger (VWF) | Minor | Minor symptoms | £2,720 to £7,850 |
| Vibration White Finger (VWF) | Moderate | Minor symptoms in cold weather | £7,850 to £15,240 |
| Vibration White Finger (VWF) | Serious | Year-round symptoms | £15,240 to £28,760 |
| Vibration White Finger (VWF) | Severe | Affecting both sides in a younger person causing a change in job | £28,760 to £34,940 |
| Work-related Upper Limb Disorder (WRULD) | |||
| Work-related Upper Limb Disorder (WRULD) | Minor | Recovering within a few months at most | £2,000 to £3,210 |
| Work-related Upper Limb Disorder (WRULD) | Moderate | Recovering completely within 3 years | £7,850 to £9,770 |
| Work-related Upper Limb Disorder (WRULD) | Serious | Continuing problems on one side | £13,550 to £14,850 |
| Work-related Upper Limb Disorder (WRULD) | Severe | Continuing problems needing surgery, preventing working | £19,920 to £21,030 |
Can I claim for PTSD or other psychological trauma?
Psychiatric harm is less obvious than physical injury, but the consequences can be just as difficult to deal with.
According to our 2024 Personal Injury Claimant Survey shows that 29.03% of potential claimants sustained a psychological injury, 70.97% of which related to a physical injury.
Chronic pain often leads to psychological distress, including depression and anxiety about long-term well-being.
Although psychiatric injuries are less obvious than physical injuries and illness, mental health conditions can be no less debilitating.
Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.
Chronic pain symptoms
Chronic pain is pain that has not been relieved by treating the cause, if known, or by trying to relieve the pain itself.
Chronic pain can be mild, moderate or severe. In some cases, chronic pain may be constant.
Symptoms include shooting, burning or aching sensations in the area affected, or feelings of soreness, stiffness or tightness.
Its impact on a person's life can vary from minor restrictions to complete loss of independence.
How does chronic pain manifest?
Sometimes chronic pain occurs spontaneously but usually develops after a trauma or injury, which could be anything from a broken arm to a minor muscle strain.
Pain signals may remain active in the nervous system for weeks, months or even years after the injury itself has healed.
There is often a gap between the onset of chronic pain and the original cause. As a result, people often fail to make the association and do not pursue a compensation claim.
A key point here is that you are entitled to claim up to three years from the diagnosis of the pain, not three years from the accident that caused the pain.
Conditions associated with chronic pain
The panel of solicitors have represented claimants with the following conditions:
Reflex Sympathetic Dystrophy Syndrome (RSD)
Reflex Sympathetic Dystrophy Syndrome (RSD), a severe pain disorder caused by a malfunction in the nervous system, which results in severe chronic pain. Also commonly referred to as Complex Regional Pain Syndrome (CRPS), minor personal injuries may trigger it. When broken bones, damaged nerves, soft tissue injuries, bruises and sprains fail to heal properly, symptoms such as severe burning pain, unexplained swelling, excessive sweating, sensitivity to touch or greater than expected pain are possible.
RSD often develops several months after the original trauma and may be very complex to diagnose.
Fibromyalgia
Fibromyalgia has many symptoms that may vary from person to person - widespread pain, extreme sensitivity to pain all over the body, and stiffness.
It may develop spontaneously or as the result of an accident (post-traumatic fibromyalgia). It can be triggered by any type of accident with a sudden movement, or from heavy lifting or manual handling. Repetitive tasks, such as typing, may also cause fibromyalgia.
Myofascial pain
Myofascial pain affects the 's soft tissue and may involve a single muscle or a muscle group. It is characterised by muscle pain, tenderness and spasm. It usually occurs through strain or injury to a muscle, ligament or tendon. This may have been caused by an accident, or through surgery.
What happened?
The claims process for a chronic pain will depend on where and how the accident happened. Click the icons below for more information:
No win, no fee chronic pain compensation claims
With no win, no fee, you can claim chronic pain compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to an injury specialist about your claim?
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or arrange a callbackCitations
Source: Fibromyalgia - NHS (reviewed: 10/12/2023)
Source: Ways to manage chronic pain - NHS (reviewed: 11/12/2023)
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.