Chronic Pain Compensation Claims
What is a chronic pain claim?
If you have suffered a chronic pain injury as a result of someone else’s negligence, you can claim compensation. Chronic pain is pain that persists or recurs for more than 3-6 months (beyond the usual healing time) and cannot be explained by the physical injury suffered. Two examples of chronic pain conditions include: fibromyalgia (chronic widespread pain) and complex regional pain syndrome (CRPS).
What is the process for a chronic pain claim?
To be successful in a chronic pain claim, you will have to:
- Identify the correct Defendant,
- Prove that the Defendant owed you a duty of care,
- Prove that the Defendant breached their duty of care towards you,
- Prove that the breach of duty caused your chronic pain condition.
There is a process and timetable the parties are expected to follow for the exchange of relevant information in order to resolve their dispute amicably. However, if the dispute cannot be resolved amicably, court proceedings may be necessary.
How long does a chronic pain claim take?
Chronic pain compensation claims can take up to 2 years to resolve and may take longer depending on court timetables and the action that is required.
What is the time limit for making a chronic pain claim?
You have 3 years from the date of the accident to make a chronic pain compensation claim. If the accident occurred when you were a child, you have until your 21st birthday. If you are acting as the personal representative of a deceased’s estate, you have 3 years from the date of death. The court does have a discretion to allow claims to proceed out of time in exceptional circumstances.
How much compensation can I claim for chronic pain claim?
The level of general damages is determined by a number of factors including:
- the degree of pain experienced
- the overall impact of the symptoms on mobility,
- ability to function in daily life, and the need for care/assistance,
- the effect of the condition on the injured person’s ability to work,
- the need to take medication to control symptoms of pain and
- the effect of such medication on the person’s ability to function in normal daily life, the extent to which treatment has been undertaken and its effect
- whether the condition is limited to one anatomical site or is widespread
- the presence of any separately identifiable psychiatric disorder and its impact on the perception of pain, the age of the claimant, and prognosis.
Awards for CRPS range from £34,000 to £102,000. Awards for other pain disorders range from £25,000 to £76,000. On top of general damages, you can claim for special damages i.e. other financial losses arising from the accident or resulting injury such as Lost Earnings, Care and Assistance, and Medication Expenses.
Who can make a chronic pain claim?
Anyone who has suffered a chronic pain injury as a result of negligence can make a chronic pain compensation claim. Litigation friends can assist children or protected parties to bring a claim. Personal representatives can bring a claim on behalf of a deceased’s estate.
- Litigation friends can be family members or friends who make decisions in the best interests of the child or protected party.
- Protected parties are adults who lack mental capacity to manage their own court cases.
- A personal representative is the person or people legally entitled to administer the estate of a person who has died.