Chronic pain, medically defined as pain persisting or recurring for three months or more, can manifest as a constant ache, a throbbing sensation, or intermittent flare-up. It can arise from a bodily injury or as a side effect of medical treatment. Regardless of its origin, chronic pain undeniably disrupts and diminishes your quality of life. Keep reading to learn about potential legal recourse for chronic pain and how an experienced Queens Personal Injury Attorney can assist with your case.
What is Chronic Pain?
First and foremost, it’s important to understand that chronic pain occurs when pain signals continuously fire within the nervous system. As noted by the National Institute of Neurological Disorders and Stroke (NINDS), its origin can vary, stemming from a single injury, repeated injuries, cumulative stress, diseases such as cancer, or sometimes, no apparent cause.
For some individuals, chronic pain can be debilitating, hindering their ability to lead a normal life. This persistent pain can significantly diminish a victim’s quality of life. Beyond physical treatment, those afflicted may require mental health support to address emotional distress. Given the profound impact of chronic pain, it’s crucial to include its effects when seeking compensation in a personal injury case.
It’s important to note that chronic pain often stems from medical malpractice. This could involve nerve damage from a surgeon’s improper instrument handling, failure to treat a surgical site infection post-op, or a physician’s inadequate pain management plan for an existing injury. In such cases, you may have a valid claim for medical malpractice.
Can You Be Compensated for Chronic Pain After an Accident in NY?
Chronic pain is classified as a non-economic damage in a personal injury claim. To be compensated, you will need to demonstrate that your pain is related to the injury sustained, that the pain is constant and significantly disrupting your life, and that the responsible party’s negligence caused the injury. This involves collecting strong evidence to support your claim.
Medical records are your most vital resources. They document the timing and nature of your injury, as well as the ongoing pain you have endured since. In addition, a medical expert can provide credible testimony regarding your injuries. They can explain the typical pain associated with such injuries and the expected recovery timeline. Furthermore, maintaining a daily journal detailing your pain levels can add significant credibility. This personal record will be an essential reference when you need to testify about the severity and the impact of your chronic pain.
If you have been injured in an accident that caused a serious injury, you may have lasting pain. At The Law Offices of George Poulos, we are prepared to help you fight for the justice you deserve. Connect with our firm today to schedule a consultation.