By Joanne Jeffries. Last Updated 20th June 2022. Welcome to our guide on chronic pain injury compensation, where we’ll look at the chronic pain injury claims process in detail. We discuss how chronic pain compensation amounts could be calculated. In addition to this, we show how chronic pain solicitors could fight for compensation payouts for CRPS and other injuries. We update you on the latest chronic pain compensation amounts, and explain how we could help you make a chronic pain claim. Plus, we explain what else can chronic pain compensation amounts include aside from pain and suffering.
Do you suffer chronic pain and believe that someone else could be responsible for this? Whether you have suffered chronic pain resulting from an accident at work or a road traffic accident, if someone was liable for the accident that has led you to suffer chronic pain syndrome, you could be able to make a compensation claim.
Could Chronic Pain Solicitors Help Me?In this guide, we aim to cover everything you may need to know when you are seeking advice from a law firm on claiming for complex regional pain syndrome or other conditions causing a chronic pain syndrome. We will explain different types of chronic pain, including reflex sympathetic dystrophy syndrome and chronic fatigue syndrome and answer such questions as ‘could fibromyalgia be caused by a car accident?’, ‘does chronic pain syndrome go away?’ and more. We will also go through some situations that could lead you to make a personal injury claim for your pain and explain how we could help provide you with a lawyer to help you make chronic pain injury claims.
For situation-specific guidance, if you’ve developed a chronic pain condition relating to an injury suffered in an accident that was someone else’s fault, call 0800 073 8801, but before you do, why not read on to see if we’ve already answered your question about such personal injury cases?
Select A Section
- A Guide To Chronic Pain Compensation Claims
- What Is Chronic Pain Syndrome?
- What Could Cause Chronic Pain?
- What Is Complex Regional Pain Syndrome?
- How Is Chronic Pain Diagnosed?
- Types Of Chronic Pain
- Am I Eligible To Claim Compensation For My Chronic Pain Injury
- Chronic Pain Compensation Claims Calculator
- Chronic Pain Claim Amounts For Special Damages – What Else Could Be Included In Chronic Pain Compensation Amounts?
- No Win No Fee Chronic Pain Compensation Claims
- How We Could Help You Claim For Chronic Pain
- Start Your Chronic Pain Claim Today With Chronic Pain Injury Claims Solicitors
- Essential References For Chronic Pain Injury Claims
If you’ve been suffering from chronic pain, it could affect many different areas of your life. You may find it difficult to work, look after your children, or perform activities that you used to do with ease. You may suffer psychological effects from suffering a long-term medical condition such as this, and as such, your quality of life may suffer significantly. But what if the development of your chronic pain syndrome could have been avoided. What if it was actually caused by the actions or negligence of someone else? Then you could receive chronic pain injury compensation.
How To Get The Chronic Pain Compensation Amounts You Deserve
At Accident Claims UK, we understand how debilitating long-term pain could be, and we know that if someone else is liable for the injuries that caused your chronic pain, you could deserve compensation not just for the actual pain but for any financial losses you may have suffered as a result. Within the guide below, we explain more about this type of pain, as well as talking about situations that may lead to you being able to make chronic pain injury claims. We’ll give you some information about our services too, and let you know how we could help assess your case and provide you advice and support, as well as a personal injury solicitor should you need one.
Chronic pain syndrome is pain that a person suffers that lasts longer than three months. It could be referred to as its shortened name of CPS. The usual pain that a person suffers when they are injured could be considered to be ‘good’ pain. It lets us know something is wrong within the body, and if serious enough, we seek treatment for it, which ensures we have a good chance of a full recovery.
However, in some cases, pain does not go away. In fact, it could consider for years after an initial injury, even if the injury itself has fully healed. There could be symptoms that include shooting pains, tight muscles, sensitivity to touch and aching. Some chronic pain syndrome sufferers feel these symptoms at the same level for months, or even years, while in others, there may be ‘flare-ups’ of these symptoms that happen intermittently.
Because this is such a long-term condition, it could cause psychological symptoms, including depression and anxiety. You may feel unable to participate in activities that you once did for fear of a ‘flare-up’ of your symptoms, and you may be unable to work. All these could have a devastating effect on your quality of life and could cause psychological injuries.
It may be quite difficult to say what has caused your chronic pain because time may elapse between the initial injury and the time your symptoms of pain began. Injuries such as head injuries, back injuries and spinal cord injuries could cause this type of pain, as could amputations. But in some cases, a simple fall, sprain or dislocation could lead to the condition developing.
Root causes of chronic pain could include accidents at work, road traffic accidents or slips, trips, and falls, amongst other accidents. Specialist assessment of your condition may lead to you being able to make chronic pain injury claims due to an accident you’ve suffered, as long as it was someone else’s fault, and they could be held liable for your injuries. If all of this applies, then you may receive chronic pain injury compensation.
Complex regional pain syndrome could be considered a diagnosis for pain lasting over 6 months in a patient that has suffered an injury to a leg, arm, hand or foot after it has been injured. The condition is thought to be a malfunction in the nervous system, affecting the transmission of messages between the nerves and the brain. Changes in the temperature of the skin in the area, swelling and change of skin colour, and prolonged pain. The pain could be described as burning, or like pins and needles, or as if someone were squeezing down on the affected part of the body.
There are two types of CRPS:
- CRPS1 is where there is no known cause for the pain – i.e. no confirmed nerve injury
- CRSP2 is an identifiable cause of nerve pain – i.e. damage to the nerve that could be classified.
There could be a huge variation in how long the syndrome lasts and how severe it is. In some cases, CRPS could cause long-term disability. The treatment for CRPS is usually a combination of medication, psychotherapy and physical therapies. The prognosis for recovery is often better in younger, healthier people but does vary widely between cases. Compensation payouts for CRPS could vary for this reason. Our chronic pain solicitors would fight for the maximum chronic pain compensation amounts for you.
Because there are so many different symptoms that you may suffer from chronic pain syndrome, it could be difficult to diagnose. It could also take a long while to get a diagnosis in some cases. While certain conditions must be ruled out before a diagnosis is given, unnecessary and inappropriate investigations could only serve to heighten a patient’s anxiety surrounding their condition.
In terms of treatment for chronic pain syndrome, it could be thought that a variety of combined therapies may help in some cases. These could include:
- Medication – NSAIDs such as ibuprofen and naproxen could be utilised in some patients, while paracetamol or topical capsaicin patches could be used in other cases. Opioids do not appear to be a preferred choice for treating this type of pain in some cases, as there does not appear to be quality evidence to support their usage. Anti-epileptic drugs could be considered in some cases, and so could antidepressants.
- Psychological treatments – Pain management programmes could be considered for some patients, while others may benefit from CBT.
- Physical therapies – Physiotherapy might help with some conditions. Manual therapies, which could include mobilisation and manipulation, could be useful to some patients.
- Exercise – There is some evidence that exercise could be beneficial to some patients.
- Electrotherapy – While not widely used, low-level laser therapy could be a course of treatment for some patients, while TENS machines may also help some sufferers.
- Acupuncture – This is thought to help with some osteoarthritis or back pain sufferers in the short term.
Funding your treatment
While some of these options may be covered under the NHS, it may be that you would have to pay privately for others. If so, it may be possible to get these costs covered within your chronic pain injury compensation. Therefore, we advise reading about this aspect before filing any chronic pain injury claims.
This type of pain could be described as pain that has lasted for more than 12 weeks but could be medically classed as falling into certain categories. These could include:
Fibromyalgia – With fibromyalgia, symptoms could present differently in different patients. It could be associated with lifting heavy items or performing repetitive tasks, or making sudden movements. Some symptoms might include extreme stiffness in the joints, affecting mobility and causing pain in the body, to extreme sensitivity to someone touching the area.
Myofascial Pain Syndrome – This condition is specific to certain muscles or muscle groups. It could be caused by accident and could present as spasms within the muscles.
Reflex Sympathetic Dystrophy Syndrome – This condition could be caused by relatively minor injuries, which trigger a response within the nervous system, leading to chronic pain. Triggers of this condition could include:
Whatever type of chronic pain you’re suffering with, if you believe it was caused by someone else, why not get in touch with the Accident Claims UK advisors for an assessment of your case and to see if you could be entitled to chronic pain injury compensation.
Injuries causing chronic pain- facts and statistics
Research from Public Health England has revealed that as of 2017, 34% of survey respondents were living with pain that persisted for three months or longer. The prevalence of chronic pain increases with age; 18% of people aged 16-34 reported suffering from chronic pain, increasing to 53% of over-75s.
This research also found that 81% of people living with musculoskeletal conditions reported being in chronic pain. HSE reported that 480,000 workers were suffering from work-related musculoskeletal disorders in 2019/20. Although these statistics don’t specify how many of these cause chronic pain, we can assume that many do.
Statistics from the HSE
The graph above, based on HSE injury statistics, looks at the prevalence of injuries in the workplace that may lead to chronic pain. We can see that the most common kind of reported injury in the workplace in this period were bone fractures. A study looking at UK chronic pain sufferers in 2017 highlighted a possible link between fractures and chronic widespread bodily pain. It found that those who reported having fractured a bone in the past were significantly more likely to report chronic widespread bodily pain, even when other risk factors were considered. And the nature of the injury goes a long way towards determining potential compensation amounts for chronic pain injury claims.
It could be important for potential claimants to understand that chronic pain syndrome payouts may not be payable for all sufferers of this type of pain. Specialist assessments would need to be undertaken. Solicitors need to work out how chronic pain syndrome was caused. Then they could see if someone else could be held liable for the condition.
Complex regional pain syndrome compensation claims could be successful if the claimant’s symptoms have resulted from an accident at work, an accident on the road, medical negligence, a slip trip or fall or another accident that someone else could be liable for. You would also need to claim within the personal injury claims time limit for such cases. This would usually be three years from the date it was discovered that the pain you were suffering resulted from the accident that wasn’t your fault. However, there may be some complexities surrounding this, so please do get in touch to check how long you might have to make your claim.
Read on to the next section to determine how much you could receive in a chronic pain injury compensation claim.
It could be difficult to put a value on chronic pain claim amounts without a full medical assessment being done. You would be required to have one of these for chronic pain injury claims – this is a standard procedure that all personal injury claimants must go through. The medical assessment would be used to value your claim, which is why it could be hard to find a personal injury claims calculator that could give an estimate on how much CRPS settlement amounts in the UK are worth.
What we have chosen to do here is display in a table the Judicial College guidelines for some chronic pain injury claims. We hope you find it useful.
|Complex Regional Pain Syndrome – AKA Reflex Sympathetic Dystrophy||£52,500 to £84,010||The prognosis for claimants in this bracket could be considered poor. They will have little to no ability to work, and psychological symptoms may also exist.|
|Complex Regional Pain Syndrome – AKA Reflex Sympathetic Dystrophy||£28,030 to £52,500||At the higher end of this bracket, there. Could be some prognosis for improvement that could lead the sufferer back to work (perhaps not full-time) but future care needs would be only modest. Where medication helps, or symptoms vary in intensity, the lower end of the bracket may be appropriate.|
|Pain Disorders||£42,130 to £62,990||Severe - Where there is an adverse effect on the claimant’s ability to work, as well as them requiring some assistance with daily living. Fibromyalgia that has severe persistent symptoms could be settled within this bracket.|
|Pain Disorders||£21,070 to £38,490||Higher amounts within this bracket relate to ongoing symptoms where there is an effect on the ability to work. Lower amounts relate to symptoms that could have been almost completely eradicated or significantly reduced.|
|Mental Anguish||£4,670||Fearing loss of life or shortening of life expectancy|
|PTSD||£59,860 to £100,670||Severe|
|PTSD||£8,180 to £23,150||Moderate|
|Psychological injury||£5,860 to £19,070||Moderate|
|Psychological injury||£1,540 to £5,860||Less severe|
|Cold injuries||Around £15,000||Long-term cold sensitisation of the hands only or feet only|
If you don’t feel that your chronic pain is covered here, please do get in touch. We’ll be happy to explain the guidelines we feel could fit your condition.
Chronic Pain Claim Amounts For Special Damages – What Else Can Be Included In Chronic Pain Compensation Amounts?
We have explained how chronic pain compensation could include damages for your loss of amenity, suffering and pain in the section above. But what else can chronic pain compensation amounts include? In many cases, they could include special damages. These are the financial expenses and losses sustained by claimants due to their injuries/conditions.
What special damages could you claim for?
There are many different types of losses and costs that could be included in special damages. For example, you could claim for:
- Care costs – should you have needed care at home to manage your day-to-day activities such as washing and dressing, such costs could be included within your claim.
- Travel expenses – if you needed to attend a hospital appointment, for example, or visit your lawyer for a meeting, your travel expenses could be included within your claim.
- Loss of income – should you lose out on income because you cannot work due to your injuries, you could receive damages for this too. It could take into account bonuses and overtime.
- Medical expenses – did you incur medical expenses due to your condition? If so, these could also be included within a claim.
If you have questions about what else chronic pain compensation amounts could include, please call our team. We’d be happy to explain further over the phone. Our chronic pain solicitors could help you get the compensation you deserve.
Utilising the services of a personal injury solicitor when claiming compensation could be considered beneficial. After all, this is what these professionals train for, and they could bring their capabilities to building a strong case that any liable party would find hard to dispute. Not only this, but with experience of what compensation settlement offers would be fair, they could be in a position to advise you whether you could think about taking what has been offered or whether you could likely get more compensation if you refused an initial offer of settlement.
But of course, a lawyer should be paid for their services, and while you may assume paying a lawyer right away for their services is your only option, with a no win no fee claim for chronic pain, you would not be required to pay your lawyer until you were awarded a payout.
How do such claims work?
No Win No Fee claims work under an agreement often referred to as a CFA (Conditional Fee Agreement). You would sign this to agree to pay a personal injury lawyer a percentage of your compensation payout, which can’t, by law, be more than 25% of your total settlement.
When your lawyer successfully gets you a compensation payout, their percentage would be paid to them, and you would benefit from the rest. If they weren’t successful in getting you chronic pain payouts for your valid chronic pain injury claims, then you don’t pay this percentage of legal fees from your chronic pain injury compensation.
If you’re wondering how Accident Claims UK could help you claim compensation for chronic pain and why you should choose to reach out to us, then there are several things you may need to know. The first is that we’ve been helping people in a similar situation to you make claims for the compensation they deserve, and we put all of our efforts into making the claims process as straightforward as possible. How we do so is by firstly assessing your situation and providing free legal advice on what you could do about the situation you are in.
We’ll also answer any questions you might have, again, without charging you for our advice. There may be some occasions where you may not be eligible for compensation. If we don’t think you are, then we will tell you, and we will explain the reasons why we feel this is the case. We don’t want to waste your time with a claim that would not likely end up with a compensation settlement.
After we’ve assessed your chronic pain claim
If we think that you might be in a position to claim compensation for a chronic pain condition successfully, we could put you in touch with one of our personal injury lawyers, who could then help to build a case for compensation on your behalf. Of course, if you want to think about your options or would like more time to decide on whether to claim with our help, then you are well within your rights to this. We would never pressure you to claim chronic pain compensation before you are ready to do so; we want to help.
Are you looking for more information on whether you could make a claim for compensation for your chronic pain, or have you decided you’re ready to make a claim because it’s affected your ability to work? Either way, we’d be delighted to help you. There are several ways in which you could go about contacting us about claiming for chronic pain injury compensation with specialist solicitors from our panel:
Via email – firstname.lastname@example.org
By telephone – 0800 073 8801
Via our contact form or Live Chat
When you get in touch, we’ll ask you some questions about your situation. If appropriate, we could offer the services of a personal injury lawyer who could help you get the personal injury compensation you deserve for your chronic pain injury claims.
Complex Regional Pain Syndrome – If you would like more information on this condition, then you may find some useful advice on this page.
Ways To Manage Chronic Pain – Managing chronic pain could be difficult. This NHS page has some more information on different options.
Musculoskeletal disorders at work – Details from HSE on managing the risks of MSDs in the workplace.
Whiplash – One cause of chronic pain could be a whiplash injury. For information and support on making such claims, our guide can be found here.
Head Injury Claims – If you have suffered chronic pain because of a head injury, you may be interested in this guide.
Road Traffic Accident Claims – If your chronic pain has been caused by an RTA, this guide could offer some useful advice.
Chronic Pain Injury Claims And Chronic Pain Solicitors FAQs
Can I claim for chronic pain?
Yes, so long as you can prove that someone else has brought about your chronic pain through negligent actions.
How do you prove chronic pain?
To do this, you require a scan (such as an X-ray or an MRI) or nerve testing.
Can a car accident cause chronic pain?
If the injuries from a car accident aren’t treated within good time, then it could result in chronic pain developing. You can see how many people were injured in road traffic accidents in the year ending June 2021 in the graph below.
What are the 4 types of pain?
These are nociceptive pain, neuropathic pain, inflammatory pain and functional pain.
What happens if chronic pain is left untreated?
This could cause the victim to suffer mobility issues, as well as lack of concentration and sleep, and also anorexia.
What is considered severe chronic pain?
This is where the victim is still hurting a long time after being hurt, so for more than 6 months, according to medical experts.
How long does back pain last after a car accident?
For most victims, the pain subsides and disappears after approximately 6 weeks, though the worst of the pain goes after several days.
How can you tell the difference between muscle pain and bone pain?
For bones, the pain goes deeper and can debilitate the victim more than if it were muscle pain.
Should I keep an injury diary for my chronic pain injury compensation claim?
In some cases, keeping an injury diary for your chronic pain injury could be useful. It could explain to medical staff how you’ve been over time. Plus it could also help with your claim. If you write down what your injury has stopped you doing, what medical appointments you’ve had, whether you’ve been able to work and how bad the pain has been each day, this could be useful to refer back to. You could include the days out you’ve missed because you’ve been in pain. Plus, you could explain how you’ve felt emotionally and more.
What evidence would I need to make chronic pain injury claims?
You would need to provide evidence of the accident that caused your injury. However, this is not the only evidence you’d need. You would have to be assessed by an independent medical expert too. They would examine you and ask you about your pain. They may even order some further tests. Once they have a good picture of your injury, they would be able to write up a medical report, which could be used to value your chronic pain claim.
As well as this, it could be vital to keep documents such as bills, bank statements and payslips. This way you would have evidence of the costs and losses you’ve experienced. You could then claim for these as special damages. If you’re at all unsure how to evidence your claim, please don’t hesitate to get in touch – we’d be happy to assist you.
Could arthritis lead to chronic pain injury compensation?
While you could not usually claim compensation for the development of arthritis on its own, if it was caused by an injury sustained in an accident at work, a road traffic accident or medical negligence you may be able to receive compensation for it. If it has been assessed by a medical professional that you had an increased risk of developing arthritis because of an injury someone else caused you, this could be taken into account when calculating your payout.
Do I need a lawyer to claim chronic pain injury compensation?
The short answer to this question is no, there is not a legal requirement for you to have a lawyer. However, claims for chronic pain injury compensation could be complex. You could have a better chance of compensation if your claim is as strong as it could be. A specialist solicitor, authorised and regulated by the Solicitors Regulation Authority, could help. They could build a strong case against a liable party. If the liable party refuses your claim, or disputes the severity of your injuries, a lawyer could help you. They could argue your case further.
And, if your case eventually needs to be heard in court, a solicitor could help you throughout the process, supporting you so you could get the compensation you deserve. We could provide you with such a solicitor. If you would like to talk to us about your claim, please don’t hesitate to call us for advice and guidance on No Win No Fee claims.
How would chronic pain compensation amounts be calculated?
Like most injury claims, the severity and extent of the condition would be assessed by an independent professional. They would write a medical report after they’d examined you. This could significantly impact the compensation payouts for CRPS or other chronic pain conditions.
As well as this, any proof of financial losses or costs could be assessed. Loss of earnings and care costs are just two special damage that could be achieved in some cases.
Where can I find chronic pain solicitors?
If you call our team, we could connect you with No Win No Fee chronic pain solicitors. They could help you fight for the maximum chronic pain compensation amounts achievable for your claim. Whether you’re seeking compensation payouts for CRPS from a road accident or an accident at work, we could help.
Do I need to use local chronic pain solicitors?
You do not need to use a local solicitor. Most claims could be handled via phone, email and other forms of correspondence. However, you might like to meet your lawyer in person. Whether you are able to travel because of your pain or not, your solicitor could come and visit you. Or, if you prefer, you could go and see them, and the travel costs could form part of your claim.
How can I maximise chronic pain compensation amounts?
As well as using reputable chronic pain solicitors, you could gather as much evidence as possible. This could help to ensure you achieve a compensation settlement that reflects your level of suffering.
Where can I find the latest chronic pain compensation amounts?
The Judicial College Guidelines list compensation brackets for a range of injuries. There is a section in the guidelines that covers compensation for chronic pain conditions. The latest chronic pain compensation amounts in the Judicial College Guidelines are from the 16th edition, published in April 2022. These are included in the table in the earlier section of this guide.
What could affect chronic pain compensation amounts?
There are various factors relating to your case that could affect chronic pain compensation amounts. When valuing how much your claim is worth, solicitors could look at how your quality of life has been affected. This could include your ability to enjoy a normal social and working life. Further to this, they could assess the financial impact your condition has had. You could potentially claim compensation for any monetary losses you experienced as a result of your injuries, if applicable.
Can I make a chronic pain claim for someone else?
If someone suffers chronic pain due to someone else’s negligence, and they are under 18, they would not be able to make a chronic pain claim themselves. In these circumstances, a parent or other responsible adult could apply to be a litigation friend for the child. If the claim is successful, the compensation could go into a trust for the child, to access when they turn 18. If you would like to learn more about making such a claim, we would be happy to speak to you.
Thank you for reading our guide on chronic pain injury compensation and chronic pain solicitors. We hope that all your questions about chronic pain injury claims have been answered.
Article by Jo