If you were involved in a car accident, slip and fall, or some other traumatic event, it is important to understand your right to compensation for your chronic pain and other damages. To learn more and secure skilled legal representation, contact a skilled Monmouth County personal injury attorney at the Wilton Law Firm to set up your free consultation today.
What is Chronic Pain?
Chronic pain is a debilitating condition that affects tens of millions of people in the United States each year. Unlike acute pain, which is usually resolved when an injury has healed, chronic pain persists for weeks, months, or even years.
By definition, chronic pain is pain that continues for longer than 12 weeks and beyond the usual healing time for an injury. It generally persists well after an ailment has technically healed and can range from mild discomfort to severe pain. Everyone experiences chronic pain differently. It may be constant or come and go in waves, disappearing for weeks or months only to return with a vengeance. Chronic pain can interfere with a person’s ability to work, sleep, socialize, exercise, or even perform daily activities.
Chronic pain is often the result of an injury that did not heal properly or that caused damage to the nerves or tissues. Common types can include back and neck pain, arthritis and joint pain, nerve pain, headaches and migraines, complex regional pain syndrome (CRPS), fibromyalgia, and more.
Can I Recover Compensation for Chronic Pain After an Accident?
If your chronic pain was caused by an accident resulting from someone else’s negligence, then yes, you may be able to recover compensation. Whether you were hurt in a car crash, slip and fall, workplace accident, or some other type of incident, you can be awarded financial damages if you can prove that the other party is legally responsible.
How Can I Collect Compensation?
Chronic pain is often challenging to prove and quantify as it is not visible to others. In order to collect compensation, you must have ample evidence to establish the other party’s fault. You can prove the defendant’s liability by providing evidence establishing the four elements of negligence. They include:
- The defendant owed you a duty of care to reasonably prevent an accident and harm
- The defendant breached the duty of care through their action or inaction
- The breach of duty directly caused or contributed to the accident and injury
- You sustained real economic or non-economic damages as a result
Important evidence to collect includes medical records, expert testimony, personal accounts of your experience, income statements, and more. Work with a skilled attorney for legal advice during your case. Your lawyer will help you understand the strengths and weaknesses of your case and build a strong argument to prove that you deserve compensation.