By Jo Anderson. Last Updated 29th November 2023. It’s not uncommon for injuries to result in chronic pain. This debilitating condition can affect people’s lives in significant ways. And that’s why in this guide, we explore the process of making a claim for chronic pain compensation. We look at chronic pain compensation amounts in detail, and answer questions about making a chronic pain claim. We also describe how chronic pain solicitors could take on your claim under a No Win No Fee Agreement.
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 (CRPS), you could be able to make a compensation claim.
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 compensation 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. Our advisors could explain the process of claiming compensation for chronic pain injuries.
Chronic pain compensation claims guide
Select A Section
- Chronic Pain Syndrome – Am I Eligible To Claim Compensation?
- Common Causes Of Chronic Pain
- How To Prove A Chronic Pain Compensation Claim
- How Much Could I Claim For Chronic Pain?
- No Win No Fee Chronic Pain Compensation Claims
- References For Chronic Pain Injury Claims
Chronic Pain Syndrome – Am I Eligible To Claim Compensation?
There are numerous scenarios that could lead to a complex regional pain syndrome compensation claim. These could include:
- An accident at work
- A road traffic accident
- Medical negligence
- An accident in a public place.
However, for chronic pain claims to be valid, you must demonstrate that:
- Someone owed you a duty of care;
- They breached their duty of care;
- This led to you suffering harm, either physically or psychologically.
In order to prove that someone breached the duty of care they owed you and that you caused harm, you should gather relevant evidence. You may also be asked to undergo an independent medical assessment so that a doctor can confirm the full extent of your chronic pain syndrome. This includes determining whether there was a connection between the accident that caused your chronic injury.
Call our advisors to learn more about chronic pain compensation amounts.
Common Causes Of Chronic Pain
As previously mentioned, to be eligible to claim chronic pain compensation, you would need to prove that a relevant third party breached a duty of care they owed you. Your chronic pain must have resulted from their breach.
Some examples of accidents that could lead to you pursuing a personal injury claim include:
- Your employer asks you to lift loads that are too heavy for you as part of your daily duties. This repetitive straining could cause you to suffer a back injury and could lead to chronic pain if not treated properly.
- A driver runs through a red light and crashes into the side of your car. This could cause you to suffer a variety of injuries, such as neck and back injuries as well as nerve damage, all of which could cause chronic pain.
- You slip on a spillage in a supermarket due to it not being clearly signposted. This results in you suffering a broken ankle and strained wrist, both of which could lead to chronic pain if not treated properly.
If you would like to check your eligibility to claim, or want to know more about chronic pain compensation amounts, please contact an advisor.
How To Prove A Chronic Pain Compensation Claim
As stated above, you need to prove that a duty of care owed to you was breached and this caused your injuries in order to make a chronic pain claim. You will need to submit evidence to support this.
Examples of evidence that could be helpful when claiming chronic pain compensation includes:
- Symptom diary. You could document what impact the symptoms are having on your life.
- Witness contact details. For example, you can note the contact information of anyone who witnessed the accident that caused your injuries resulting in chronic pain.
- Medical records. These will include the date you sought treatment and the diagnosis. As part of the claiming process, you may be asked to attend an independent medical review to help determine the severity of your chronic pain and what impact it is expected to have on you.
- Accident footage. If an accident caused your chronic pain, you could submit footage of this.
- Injury photographs. For example, if your chronic pain was caused by a visible injury, you can submit photos of the injury or scarring it left.
Call our advisors if you need any help gathering evidence. They can also help you understand what chronic pain compensation amounts are and what you could claim for.
How Much Could I Claim For Chronic Pain?
When you make a successful chronic pain claim, you can be awarded a settlement that reflects not only your mental and physical pain and suffering, but also the financial impact of your condition.
Pain And Suffering Settlement Examples
One way to get an idea of pain and suffering settlement examples would be to look at the Judicial College Guidelines (JCG). This publication provides guideline compensation amounts for different injuries and conditions. Legal professionals could use this to value your chronic injury.
We have included figures from this document in the table below. However, you should only use them as a guide. This is because each personal injury settlement is unique.
Furthermore, they only relate to the general damages portion of claims which compensates for the pain and suffering you have experienced due to your injuries. They do not account for special damages which compensates for the financial losses caused by your injuries.
| Condition | Bracket | Notes |
|---|---|---|
| Multiple serious injuries with financial losses. | Up to £1,000,000+ | A combination of injuries that cause significant pain and suffering as well as financial costs, which could include medical expenses. |
| PTSD (a) | £59,860 to £100,670 | Severe – The person will suffer with permanent issues that prevent them from working or functioning the same as they did pre-trauma. |
| PTSD (c) | £8,180 to £23,150 | Moderate – There will have been a large recovery and any persisting issues with not be majorly disabling. |
| Complex Regional Pain Syndrome (a) | £52,500 to £84,010 | Severe – 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 (b) | £28,030 to £52,500 | Moderate – 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 (a) | £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 (b) | £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. |
| Cold injuries (a) | Around £15,000 | Long-term cold sensitisation of the hands only or feet only |
| Psychiatric Damage Generally (c) | £5,860 to £19,070 | Moderate – Despite suffering with issues related to working and social life, there will have been significant improvements and a good prognosis. |
If you would like further information on what compensation a successful chronic injury claim could bring, our helpline advisors could assist you.
No Win No Fee Chronic Pain Compensation Claims
Chronic pain solicitors could be funded through a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
When funding chronic pain injury claims solicitors in this way, you typically won’t be asked to pay an upfront solicitor’s fee. If a claim is a success, a success fee will be taken from the final payout. The amount that can be taken from your award is legally limited to a certain percentage. When a chronic pain injury compensation claim is not successful, you are not required to pay your solicitor for their work.
Free legal advice about compensation payouts for CRPS and claiming for other chronic pain injuries is available from our advisors. They can also explain how chronic pain compensation amounts are calculated and let you know if you’re eligible to claim.
If your chronic pain injury compensation claim seems like it could have a good chance of success, you could be passed on to one of our specialist chronic pain injury claims solicitors.
To get in touch:
- Contact us online
- Call 0800 073 8801
- Alternatively, use the live chat.
References For Chronic Pain Injury Claims
- Complex Regional Pain Syndrome
- Ways To Manage Chronic Pain
- Musculoskeletal disorders at work
- Head Injury Claims
- Road Traffic Accident Claims
- Find out if you can still claim if your accident was not reported in the accident book. Get more advice on claiming with our guide.
- Do you need to know who is responsible for reporting hazards in the workplace? Our guide offers more information.
- What is loss of amenity? Find out what loss of amenity means when claiming compensation with our helpful article.