CHRONIC PAIN CASES 101: WHAT YOU NEED TO KNOW
In recent years, chronic pain cases have made leaps and strides as viable claims. In the past, chronic pain cases were often downplayed, or seen as not real altogether. The truth is, chronic pain syndrome is a very genuine and disabling condition, and if you suffer from chronic pain at the fault of someone else, you may be entitled to compensation.
WHAT YOU CAN EXPECT IN A CHRONIC PAIN CASE
Your case is likely never to make it to trial and it will probably settle through negotiations. Chronic pain cases usually take three years or so, to reach this stage because the very nature of the type of claim, and injuries being compensated for, takes time to fully develop and understand. In other terms, if someone experiences neck pain on the first couple weeks of a personal injury claim, they are not going to be diagnosed with chronic pain syndrome at that time. Rather, the diagnosis may take place months or even years later, after many months have passed with no improvement.
You can also expect that the other side will want to have you examined by one of their experts. These are called defence medicals, and usually take place in about the middle of the process, once a formal claim is commenced in the courts. The other side will also likely retain a surveillance company to monitor your activities over a couple days and investigate your social media platforms. Unfortunately, the defence are permitted to exercise a certain degree of intrusion into an injured victim’s life.
TIPS FOR CHRONIC PAIN CASES
Everyone that is injured and has advanced a personal injury claim, should take steps to get better in order to reduce the losses that would otherwise be claimed in litigation. This is called mitigating your damages. This is important as it enhances your credibility.
It is also important to be as honest and careful with your choice of words as possible. Throughout the court proceedings, a plaintiff will be asked about their impairments through different medical professionals. It is important that injured victims use their words wisely, and be careful with words like “never”. Someone who says they “never” carry heavy items for instance, and is caught on surveillance doing just that, may be seen as less credible or dishonest. Whereas, a claimant who states that they “rarely” carry heavy items and is seen doing so, will not be looked at in that manner.
On the topic of surveillance, it is also best to be proactive, and be careful what you post on social media. It is also best practice, to have your social media platforms set to the highest security levels and be prudent as to who you let view your accounts. You can assume that anything you post could end up directly in the hands of the lawyer on the other side.
CONTACT A CHRONIC PAIN LAWYER
Chronic pain cases are a relatively new phenomenon, since the onset of new medical and scientific data bringing more light to the legitimacy of these claims in the eyes of the courts and juries. Therefore, with the assistance of the right medical reports, and a credible injured victim, these cases can result in significant compensation. If you are wondering whether you may have a chronic pain case, contact our office and speak to a personal injury lawyer for a free no-obligation evaluation of your case.
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