Can I Sue for Chronic Pain?

What is chronic pain?
According to the Cleveland Clinic, chronic pain has a precise definition. “Chronic pain is pain that lasts [or recurs] for over three months.” Victims may experience chronic pain all the time or periodically. Nearly 21 percent of US adults, in 2021, experienced chronic pain, according to a CDC (US Centers for Disease Control and Prevention) study.
Chronic conditions have serious physical, mental, and emotional health consequences that require continual medical care, sometimes for the rest of an accident victim’s life.
Chronic back pain, especially pain in the lower back, is quite common and quite difficult to treat. Other types of chronic pain include knee pain, joint pain, arthritis, headaches, migraines, neck pain, shoulder pain, and nerve (neuropathic) pain.
Some of the physical symptoms of chronic pain include aches, burning sensations, shooting pains, stiffness, throbbing, squeezing, and stinging.
Some of the emotional symptoms of chronic pain include anxiety, depression, long periods of fatigue, difficulty falling asleep, irritability, and mood changes.
What types of accidents cause chronic pain?
While different types of health disorders and diseases can cause chronic pain, accidents are a leading cause of chronic pain.
Our Pittsburgh personal injury lawyers represent anyone who suffers chronic pain due to any of the following types of accidents or negligence, among others:
- Vehicle accidents. These include car accidents, truck accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, Uber & Lyft accidents, bus accidents, and train accidents
- Premises liability accidents, including slip and fall accidents and negligent security attacks
- Construction accidents
- Product liability accidents
- Medical malpractice
- Oil and gas extraction injuries
- Nursing home abuse and neglect
- Sexual assaults
- Workplace accidents
- Dog bites
- Many other accidents
How do doctors diagnose chronic pain?
Verifying chronic pain is often subjective. Doctors review when your injuries began, how often you’re experiencing pain, whether any activities trigger the pain, and the severity of the pain. They’ll also ask you questions like how much your pain is affecting your ability to work, function, and enjoy life, what makes the pain better or worse, how much stress you’re experiencing, and whether you’ve had any surgeries or illnesses.
Your physician will conduct a physical exam, including a range of motion test and other movement or pain tests at the site of your pain.
Diagnostic tests may include blood tests, urine tests, an EMG (electromyography) to examine muscle activity, X-rays, MRIs, nerve conduction studies, reflex tests, balance and coordination tests, and spinal fluid tests.
What are the treatments for chronic pain?
The treatments vary depending on the location of the pain, your symptoms, and the severity of your pain. Often, multiple treatments are necessary.
Treatments include:
- Physical and occupational therapy
- Lifestyle changes, like exercise, losing weight, and managing stress
- Cognitive behavioral therapy
- Massage therapy, biofeedback, and other types of complementary medicine
- “Medical procedures and devices, like surgery, TENS, steroid injections, and botulinum toxin (Botox®) injections.”
- Over-the-counter pain medications
- Muscle relaxers and opioids (subject to strict oversight)
- Clinical trials
Chronic pain may persist for months or years; many evidence-based regimens aim for at least about a 30% reduction in pain (a common moderate improvement benchmark), with individual results varying. Treatments also help reduce stress.
Chronic pain is associated with higher rates of depression, substance use, and suicidality. Studies also show associations with later cognitive decline, though causation hasn’t been established.
What compensation can I receive for chronic pain?
Many accident victims need immediate emergency care. Victims may require hospitalization and surgery. Most people who have chronic pain require long-term care with their family doctors, physical therapists, occupational therapists, and other types of rehabilitative therapists. Victims may benefit from consultations with psychologists, psychiatrists, and other mental health counselors.
Personal injury
If your accident is due to the negligence or fault of non-employers, we file personal injury claims against those responsible. Our lawyers work with investigators, the police, accident reconstruction experts when necessary, other experts, and through the discovery process to show how your accident happened and who caused your chronic pain (and any other injuries).
We work with your physicians to verify just how devastating your chronic pain is and to rebut any arguments by insurance companies and defense lawyers that your injuries aren’t as serious as you claim. We also work with you, your family members, and others to verify how much pain you’re experiencing.
Our Pittsburgh personal injury lawyers demand compensation for all your medical bills of every nature. We also demand compensation for your physical pain, emotional suffering, income loss, inability to enjoy life’s pleasures, and loss of consortium (inability to enjoy the comfort and intimacy of your spouse).
Workers’ compensation
Our Pittsburgh workers’ compensation lawyers file workers’ compensation claims for employees who suffer chronic pain due to accidents that happened during the scope of their employment. Workers’ compensation benefits include payment of all your medical bills and temporary disability benefits (generally 2/3 of your average weekly wages). If your chronic pain prevents you from working permanently, we also seek permanent disability benefits. Workers’ compensation may also include vocational benefits and the cost of travel if your doctors are not nearby.
Chronic pain can significantly affect quality of life, but proving it in court requires strong medical documentation and a legal strategy. Our lawyers have the experience and working relationships with medical providers to provide the proper documentation and file the correct type of claim, depending on how your injuries happened.
If your pain from any type of accident just won’t go away, call us or fill out our contact form to schedule a free consultation.