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Chronic Pain and Personal Injury Claims

Posted on 05/20/24 by admin in Catastrophic Injuries,Injuries,Personal Injury

It can often take time after an injury to fully appreciate its impacts on our day to day lives. This is partially a function of our own tendency towards optimism. While engaging in physical therapy, rehabilitation, or other long term recovery, the thought of returning to full health is often a powerful motivator. We plan to return to our favorite pastimes, make up for time lost due to injury, and get our lives back on track. However, despite the best efforts of injured persons and medical professionals, sometimes a full recovery just does not occur. Many injuries result in some degree of chronic pain. But how can this affect your personal injury case? Today’s Malloy Law Offices blog post will explore the link between chronic pain and personal injury claims.

chronic pain

What is Meant By “Chronic Pain?”

You may be under the impression that “chronic pain” only refers to persistent and debilitating physical discomfort. But it’s important to note that the definition of “chronic pain” may be broader than you realize. Indeed, in the context of personal injury law, a broad array of conditions can meet this definition. These may include:

  • Physical pain
  • Mental pain or trauma
  • Inconvenience or difficulty in everyday tasks
  • Reduced range of motion
  • Emotional distress
  • Decline in quality of life
  • Permanent disability

chronic pain

How Does Chronic Pain Occur?

Another common misconception surrounding this issue is the category of injury which can result in chronic discomfort. It’s human nature to be drawn to the more dramatic, and severe cases. But you’d be mistaken to assume that lifelong pain and discomfort can only come about as a result of the most dramatic injuries. While dismemberment, traumatic brain injury, spinal injury, severe bone breaks and ligament injuries, and other catastrophic injury can lead to severe lifelong consequences for the injured, it’s important to remember that big things can come in innocuous forms, both for good and for ill.

Take, for instance, the neck, spine, and soft-tissue injuries which may result from seemingly minor car accidents. These long-term ailments are often smeared with the dismissive label of “whiplash.” But the nature of nerve injuries mean that they may result in serious discomfort many years after the accident.

For another example, consider slip and fall or trip and fall accidents. The broken bones, injured ligaments, and joint contusions caused by these impacts can mean pain that actually worsens as the injured person gets further from the date of their injury. The degenerative quality of these injuries may make them especially hard on the injured person.

Finally, dog bites can puncture vital tendons and muscle groups in irregular patterns. This can lead to long term discomfort and limited mobility for afflicted persons.

chronic pain

Proving Chronic Pain in a Personal Injury Case

In order to receive compensation for chronic pain, it’s necessary to prove that an initial injury caused by the negligence of another party is the root cause of that chronic pain. Medical documents and diagnoses from the date of your initial injury can prove invaluable here. Though this is far from the only hard record which may be of use in demonstrating chronic pain. Even something as simple as a home movie of an injured person engaging in activities no longer possible due to injury may be a vital asset to proving the severity of a chronic injury.

However, an insurance company may be deaf to your concerns. They may try to buy you off with a lump sum, which makes no allowances for the persistent difficulties in managing chronic pain. They may cast doubt on the validity of your injury, or delay the claims process in the hopes you’ll take whatever you can get. This is where the expertise of a personal injury attorney can be invaluable.

chronic pain

How Malloy Law Can Help

If you or a loved one is living with the burden of chronic pain caused by another’s negligence, contact Malloy Law today. Our experienced and diverse team of attorneys is standing by to fight for you. Our client-first mentality and persistent advocacy will win the compensation you are entitled to. Contact Malloy Law today and let’s win your case.