Chronic pain compensation claims
The following guide sets out what you should know about making a chronic pain compensation claim.
The Health & Social Care Information Centre (HSCIC) defines chronic pain as pain or discomfort that troubles a person all of the time or on and off for longer than three months.
It is pain that has not been relieved by treating the cause, if known, or by trying to relieve the pain itself, and can be mild or much more severe. In some cases it 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 may vary from minor restrictions to complete loss of independence.
The prevalence of chronic pain increases with age, with 53% of men and 59% of women aged 75 and over being affected.
If you have suffered chronic pain in the last three years and someone else was to blame, then we can help you make a compensation claim.
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.
The gap between long-term pain and the original cause can mean many people who develop chronic pain some time after an accident at work or road traffic injury fail to claim compensation they would otherwise be entitled to receive.
I have a strong claim - why won't a solicitor take it on?
Quittance's panel of solicitors have represented claimants with the following conditions associated with chronic pain:
- Reflex Sympathetic Dystrophy Syndrome (RSD), a serious 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), it may be triggered by minor personal injuries. When broken bones, damaged nerves, soft tissue injuries, bruises, sprains, slips and falls or surgical procedures fail to heal properly, symptoms such as severe burning pain, unexplained swelling, excessive sweating, sensitivity to touch or greater than expected pain may be experienced.
RSD often develops several months after the original trauma and may be very complex to diagnose.
- 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 affects the body'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.
The stress of being in pain may be associated with a number of negative outcomes including depression, job loss, reduced quality of life, impairment of function and limiting daily activities.
A person whose chronic pain is the result of a work accident, road accident, trip or slip or military accident may be able to bring a claim for personal injury compensation.
As well as an award of damages for pain and suffering, compensation may include a claim for care given by a relative and the costs of any treatment required as a result of the injury. The costs of physiotherapy, rehabilitation treatment and specialist items of equipment are usually recovered. Loss of earnings may also be claimed if the injury has affected, or will affect earnings
Chronic pain claims are particularly complex and specialist and the extent of the compensation varies with the assessment of individual cases.
A no win no fee agreement (more correctly known as a Conditional Fee Agreement or CFA) is entered into between the claimant and an injury lawyer.
A Conditional Fee Agreement is essentially the terms under which the solicitor acts for the claimant.
The agreement sets out what the lawyers will do as well as how the solicitor will be rewarded if your compensation claim is successful.
If you use a Quittance Personal Injury solicitor for your chronic pain claim there will be no hidden or extra fees , no up-front fees and the peace of mind that you will never be financially out of pocket.
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
Meet the team
Our nationwide network of solicitors handle all types of personal injury claims and have a wealth of experience in fast track, complex and catastrophic injury claims. Our lawyers are selected for their level of experience and their success rate in winning claims.