Chronic Pain Compensation Claims - Canadian Injury Lawyers
A chronic pain compensation claim is not without legal complexity and medical difficulties. Whilst medical professionals do not doubt the existence of chronic pain, pinning down the cause can be an extremely difficult matter with various theories including complex pathological causes which may or may not have a psychological dimension. It is not realistically possible to ignore the emerging connection between severe physical injury and the development of chronic pain which has been defined as pain that persists six months after an injury, beyond the anticipated recovery date with no clearly definable cause. There are a number of conditions whose symptoms often satisfy this definition including chronic pain syndrome, fibromyalgia syndrome, fibromyalgia, lower back pain, reflex sympathetic dystrophy and myofascial syndrome.
Negligence
Whilst there are no fault workers compensation schemes and no fault motor vehicle accident compensation schemes in existence throughout Canada, the level of benefits is capped. Adequate compensation may only be available through a chronic pain compensation claim, relevant to personal injury caused in an accident, alleging negligence against a third party, in a court of law. Negligence in its simplest terms is a failure to take reasonable care, the classic definition of which is :-
“Negligence is the omission to do something
which a reasonable man, guided upon those
considerations which ordinarily regulate the
conduct of human affairs, would do, or doing
something which a prudent and reasonable man
would not do.”
Even if a potential claimant in a chronic pain compensation claim was partially to blame for the accident, application for a damages award can still be made against the third party under the doctrine of ‘contributory negligence’. The damages that would have been awarded on a full liability basis are reduced by the percentage of blame attributed to the claimant.
Compensation Awards
The aim of awarding damages in a chronic pain compensation claim is to put the victim back into the position that they would have been in had the accident not occurred. In the case of discomfort this is simply not a realistic proposition and the most that damages can do is to help make life more comfortable for the sufferer. The amount of the financial award is determined after consideration of the extent of the injury, the overall recovery period and the effects of any long term consequences. Damages in a chronic pain compensation claim are payable for wages losses, the cost of care and any reasonably incurred expenses together with assessed compensation for pain and suffering and loss of previous lifestyle. The assessment of these items takes place in the context of consideration of similar previously decided cased, coupled with the judges past experience as a practicing personal injury lawyer.
Legal Charges
Our chronic pain compensation claim lawyers do not charge any up-front fees – our legal costs are payable only when you receive your award of compensation. We don’t get paid until you get paid. We make accident claims risk free, leaving you to concentrate on your recovery, while we get you the injury compensation that you rightfully deserve.