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Chronic Pain Compensation Amounts

Do you suffer from chronic pain caused by an accident that was not your fault? Are you looking to make a claim for compensation? In this article we explore what is chronic pain and what the eligibility criteria is to make a claim.

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9th January 2023

Home E Personal Injury Claims E Chronic Pain Compensation Amounts

Chronic pain syndrome refers to pain that lasts more than three months and it is estimated that approximately a quarter of UK adults external link icon light blue report living with some form of chronic pain. Back pain alone accounts for 40% of sickness absence in the NHS external link icon light blue and overall it costs £10 billion for the UK economy. Across the world, The UK has some of the best pain services in the world, and thanks to the multidisciplinary British Pain Society, as a nation, we remain at the forefront of informing the public and professionals of what best practice is available. Each personal injury compensation claim is calculated based on the impact of the incident. With this in mind, it’s impossible to accurately estimate the total you may receive if you were to pursue a successful personal injury claim. However, those suffering from severe complex regional pain syndrome (CPRS) may receive over £80,000 when the physical damage and the financial and mental losses are considered based on Judicial College Guidelines.

What Is Chronic Pain?

Chronic pain can last several months to years and can occur in essentially any part of the body. This form of consistent pain can massively interfere with daily life and depression and anxiety can occur as a direct result. Diagnosing and treating chronic pain can be tricky as the actual cause can be initially difficult to pinpoint. Unlike acute pain which occurs after you are injured such as breaking a bone, chronic pain lingers long after the date of harm. Chronic pain can manifest in many different ways and will vary from person to person. Physical symptoms of chronic pain often include arthritis, headaches, muscle aches, or pain in the back.

Pain that lasts or recurs for more than three months is deemed chronic and should be treated as such. To arrange appropriate treatment for your condition your GP or specialist will need to know the intensity of your pain, how frequently it occurs, the extent to which it is affecting your life, and whether you are experiencing any associated stress or anxiety. Depending on your responses, your doctor may organise a few diagnostic tests to try and determine the source of the pain. For example, they may send you for imaging tests such as an X-ray or an MRI. Alternatively, electromyography may be harnessed to test your muscle activity.

Typically, the best treatment for any form of chronic pain will consist of multiple strategies to tackle the problem from multiple perspectives. With this in mind, the gold standard treatment plans will include medications, lifestyle changes, and appropriate therapies. Common medications prescribed for the treatment of chronic pain include corticosteroids to target inflammation, muscle relaxers and antidepressants.

What Is Complex Regional Pain Syndrome?

Complex regional pain syndrome, commonly referred to as CRPS is considered a diagnosis of pain that lasts over six months in a patient that has injured their leg, hand foot, or arm. The condition is thought to stem from a malfunction in the body’s nervous system which in turn affects the transmission of messages between the nerves and the brain. Such a malfunction can cause changes in the temperature of the skin in the area, swelling and in some cases a change of skin colour, and prolonged pain. The pain is frequently described as burning, like pins and needles, or as if someone were squeezing down on the injured part of the body. There are actually two types of CRPS and the two are categorised as CRPS1 and CRSP2. CRPS1 is diagnosed when there is not a known cause for the pain such as no confirmed nerve damage. Alternatively, CRPS2 has an identifiable cause of the pain such as observable nerve damage.

Am I eligible to make a chronic pain compensation claim?

When speculating as to whether you may be eligible to make a chronic pain compensation claim consider whether your pain could have been avoided. In addition, review whether the pain has occurred as a result of the negligent actions of someone else. There are a number of circumstances in which you may have grounds for a complex regional pain syndrome compensation claim. For example, an accident at work, a road traffic accident, medical negligence, or an accident in a public place could all be eligible incidents. As with any form of compensation claim, you will need to be able to prove that someone breached their duty of care and caused you harm. With this in mind, gather evidence in the form of policies and your medical records to illustrate this negligence. It is worth noting that you may need to undergo an independent medical assessment so that a doctor can acknowledge the full extent of your chronic pain. The doctor should be able to determine whether or not there is a link between your accident and your chronic pain injury.

You typically have three years to make a chronic pain compensation claim from the date of your incident or the date of knowledge that the pain was from negligence in accordance with the Limitation Act 1980. For minors under the age of 18, suffering from chronic pain, the time limit can be suspended. For those who lack the mental capacity to make a chronic pain claim, similar exceptions also apply.

Read more about Personal Injury claims on our Personal Injury page or read more articles about Personal Injury claims.

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