Many people think that personal injury claims are relatively straightforward; wherein someone suffers an injury, they receive treatment, and they get compensation for their medical bills and the time they missed at work. However, anyone who has lived with chronic pain knows that the story can be rather different. The truth is that chronic pain personal injury claims in New York come with their fair share of challenges.
So, if you’re dealing with ongoing pain after a car crash, a slip and fall, or any other type of accident, understanding how chronic pain impacts personal injury claims in New York can make a big difference in the outcome of your case.
What Is Chronic Pain?
Chronic pain is more than pain that lingers. In medical parlance, it’s pain that lasts beyond the typical period of recovery, usually extending to three months or more. This debilitating condition tends to have an effect on day-to-day work and personal life, and studies have linked it to depression, anxiety, Alzheimer’s disease, substance abuse, and a higher risk of suicide.
Chronic pain can present itself in different forms, and some examples include:
- Back or lower back pain.
- Neck pain.
- Leg and foot pain.
- Hand and arm pain.
- Neuropathic (nerve) pain.
- Pain related to anxiety, trauma, or PTSD.
- Cancer-related pain.
- Actual tissue injury pain (burns and contusions).
- Pain from fractures.
- Complex regional pain syndrome (CRPS).
While scores of people experience chronic pain after accidents, it often becomes a point of contention in personal injury cases because it is subjective. This is why you should ideally look at the challenges of proving chronic pain in a New York personal injury case ahead of time.
Possible Hiccups in a New York Chronic Pain Lawsuit or Claim
In most personal injury cases, it’s possible to show a clear medical diagnosis, like a fracture or torn ligament, that lines up with your symptoms. However, chronic pain is not the same because two people can suffer the same injury yet experience pain in completely different ways. Besides, while the pain may be real and debilitating, diagnostic tests might not reveal much.
Unfortunately, insurance companies know this too well, and they often try to take advantage of this factor. For example, an insurance adjuster can argue that:
- There’s no objective proof of injury.
- You are exaggerating the pain.
- The pain is related to a pre-existing condition.
- You have healed completely as months have passed since your accident.
Given these challenges, establishing chronic pain damages in personal injury cases tends to require far more detailed documentation and strategic legal preparation than standard injury claims.
Does Chronic Pain Increase Settlement Value?
While chronic pain can complicate a personal injury case, it can also increase the potential settlement value if you’re able to prove the long-term impact. This is because the compensation you stand to receive covers more than just your existing medical bills.
Future Medical Costs
Depending on the type of chronic pain you suffer, you might require long-term treatment that includes:
- Doctor visits.
- Diagnostic tests.
- Pain management.
- Physical therapy.
- Prescription medication.
- Neurological evaluations.
- Chiropractic care.
Emotional Distress
If you can show that your chronic pain has a significant effect on your emotional or social well-being, be it because of anxiety, depression, PTSD, mood swings, increased alcohol/drug intake, or fear, you might be able to receive compensation for the emotional distress you have to endure.
Loss of Earnings
If chronic pain limits your mobility, concentration, stamina, or the ability to perform certain tasks, you may receive compensation for loss of earnings, which includes lost wages, lost benefits, and diminished earning capacity.
Proving Chronic Pain in Personal Injury Cases
This is at the heart of almost all chronic pain personal injury claims. Given that chronic pain can be highly subjective, your claim’s success often comes down to documentation, consistency, and expert support. Not surprisingly, the best way to prove chronic pain to an insurance adjuster or court is to ensure checking all the boxes in advance.
Detailed Medical Records
Doctors who specialize in chronic pain or nerve-related conditions can be especially helpful, not just for treating you effectively but also to present your case in the best light. In addition, your medical records need to remain consistent and mention:
- Complaints of pain.
- Pain levels.
- Triggers.
- Functional limitations.
- Treatments and responses.
- Diagnostic testing.
Pain Management Records
Keep in mind that insurance companies take chronic pain more seriously when you’re actively seeing a pain management specialist, following through with treatment, and tracking what helps and what doesn’t. Following up consistently shows that the pain is real and ongoing.
Imaging and Diagnostic Tests
While chronic pain doesn’t show up on scans and imaging, there are instances when these tests can help establish the source of the pain. They can come in the form of:
- X-rays.
- MRIs.
- CT scans.
- Nerve conduction studies.
- EMGs
Testimony From Experts
Testimony from expert witnesses with relevant expertise can help strengthen your case by explaining why your chronic pain persists and how it affects your life. Depending on the specifics of your case, your attorney might bring in:
- Pain specialists.
- Neurologists.
- Orthopedic surgeons.
- Rehabilitation experts.
- Mental health experts.
- Life care planners.
Consistent Reporting of Symptoms
One of the biggest mistakes people make is downplaying their pain during doctor visits. If your records don’t reflect your actual experience, it gives insurers the opportunity to argue that you’re exaggerating the pain. This is why you need to ensure reporting your symptoms accurately and consistently.
A Pain Journal
Maintaining a pain journal can be a great tool to show you how you’re progressing, and it also helps paint a clear picture of how chronic pain affects your quality of life. It should include elements like:
- Daily pain levels.
- Activities affected.
- Sleep issues.
- Medication side effects.
- Missed activities or social events.
- Emotional impact.
Statements From Family, Friends, or Employers
Statements from people close to you can support your claim by highlighting real-life changes, such as reduced mobility, absence from work, difficulty completing tasks, mood changes, and needing help with daily activities.
Conclusion
Now that you know how to document chronic pain for an insurance claim, you must ensure leaving nothing to chance. Know that your insurance provider might try to do its best to minimize or eliminate its liability, which requires presenting the facts of your case in the best way possible. Fortunately, with an experienced personal injury attorney by your side, you can build a case that reflects the true impact of your pain and helps you secure the compensation you deserve.