Chronic pain is a lingering type of trauma that stays with a victim long after an accident – often affecting quality of life, time spent with friends and family, ability to participate in work and favorite activities, and overall mental and emotional well-being.
If you are experiencing chronic or long-term pain after an accident, it is vital to include this as a compensable type of loss as you seek financial compensation from an at-fault party. An experienced Orange County personal injury lawyer can help you navigate this process, as properly accounting for enduring discomfort and suffering can substantially increase the final value of your settlement.
What Is Chronic Pain?
Chronic pain is defined as symptoms of pain that a patient experiences for more than three months after the initial injury or illness. It differs from acute pain, which is temporary and goes away after the healing process. By contrast, chronic pain can persist well beyond the normal healing timeframe – for several months, years or for life.
How to Valuate Long-Term Physical and Emotional Pain
Chronic pain is placed under the category of non-economic damages or “pain and suffering” in a personal injury case. It is an intangible type of damage, meaning it does not have an obvious financial or economic value. Instead of relying upon documents such as bills or receipts to quantify chronic pain, this type of non-economic damage is typically calculated in one of the following ways:
- Multiplier Method: the plaintiff’s total amount of economic damages is multiplied by a number between 1.5 and 5. More severe injuries receive higher multipliers. This is the most common equation used for chronic pain where the end date is unknown.
- Per Diem Method: a daily amount in pain and suffering is assigned for each day that chronic pain is experienced by the plaintiff. This is more common when the victim is expected to make a full recovery within a certain date range.
An insurance company, judge or jury has discretion over how much to award a plaintiff in pain and suffering – including what amount to assign for any chronic or long-term pain the victim suffers. Factors involved in these decisions can include injury severity, level of physical or cognitive disability, quality of life, the age and overall health of the victim, and the strength of the evidence.
How Chronic Pain Affects an Individual
Chronic pain can be constant or intermittent. The physical, mental and emotional toll of suffering from chronic pain can have a significant effect on the patient’s well-being. Chronic pain that stems from nerve damage or nervous system issues can become a disease, not just a symptom. The impact of chronic pain can be immense, with associated problems such as:
- Limited mobility
- Physical dysfunction
- Trouble sleeping
- Fatigue
- Depression
- Anxiety
- High stress
- Irritability and mood swings
- Cognitive impairment
- Trouble concentrating
- Reduced self-esteem
- Difficulty maintaining relationships
- Impacts on work and career
Dealing with constant or near-constant pain without knowing if or when there will ever be relief can adversely impact a person’s life in myriad ways. Chronic pain can also have a financial toll, including the cost of pain management medications, therapies, counseling, lifestyle changes and lost wages.
Proving Chronic Pain in Your Personal Injury Claim
If you wish to collect fair financial compensation for your chronic pain as a personal injury accident victim, you will need to submit strong evidence that you are experiencing lingering pain from your injury or illness. This may require:
- Medical records and documentation
- Letters from health care providers
- Testimony from medical experts
- A pain or injury journal
- Photo or video documentation
An experienced accident attorney can help you gather and present evidence that supports the legitimacy of your chronic pain claim. Your lawyer can then build a narrative around this evidence to convey the toll of your chronic pain effectively and maximize compensation. To discuss a specific claim in detail, contact Bridgford, Gleason & Artinian for a free consultation.