Personal Injury Claims That Involve Chronic Pain

  • Personal Injury
April 9, 2024

Chronic pain isn’t just inconvenient—it often touches every aspect of your life and stands between you, your relationships, and the daily activities that give you joy. If you are grappling with chronic pain, you’re not alone. With over 30 years of experience with personal injury claims that involve chronic pain, we have the strategies and empathetic insights clients need to obtain full compensation in these unfortunate circumstances.

In this topic, we would like to answer common questions about personal injury claims, especially those involving chronic pain and associated non-economic damages.

Types of Accidents That Can Cause Chronic Pain

There’s a common misconception that personal injuries must be violent and extreme to cause chronic pain. The truth is that even seemingly minor events can lead to a lifetime of pain. These could include:

Minor car accidents: Even fender-benders can cause whiplash and soft tissue injuries that leave victims grappling with chronic pain.

Slip and falls: Seemingly minor sprains or fractures caused by a poorly maintained staircase can cause long-lasting pain that worsens over time.

Dog Bites: Puncture wounds can damage muscles, tendons, and ligaments, resulting in chronic pain and limited range of motion.

These are only a few examples. We’ve also seen how minor to severe motorcycle, bicycle, and pedestrian accidents caused by reckless individuals can cause chronic pain and have far-reaching consequences.

Proving Chronic Pain in a Personal Injury Claim

You may have heard attorneys use “damages” when discussing personal injury cases. This is simply a broad term for the compensation awarded to the victim (plaintiff) in personal injury cases.

If you are experiencing chronic pain, you are entitled to compensation for the associated non-economic damages (up to $598,350 by statute), which includes:

  • Physical pain and suffering
  • Mental pain and suffering
  • Inconvenience
  • Emotional stress
  • Loss of quality of life

If your accident-related injury results in permanent impairment, you are also entitled to compensation for the associated physical impairment (as calculated based on your impairment rating or the per diem value of your impairment). There is no statutory cap on this category of damages in Colorado.

To prove chronic pain or permanent impairment in a personal injury claim, you must demonstrate that it was caused by the incident - that is, by the negligence of another party, whether intentionally or not.

This is where the personal injury team at Jorgensen, Brownell & Pepin, P.C. excels.

We will assist you in gathering the appropriate medical documents and, if necessary, compile evidence that shows how your life has changed due to the personal injury. This may include:

  • Photos depicting your life before and after the accident
  • Videos showing you engaged in activities you can no longer participate in
  • Witness testimony (from friends, relatives, and coworkers)
  • Journal or diary entries that describe your life before the personal injury
  • Expert reports from medical professionals

This is only an overview. Rest assured, we understand the nuances of Colorado law and know how to frame your unique situation in a way that the courts appreciate and accept.

Chronic Pain and Insurance Companies

While many insurance companies act with integrity, others downplay chronic pain, arguing that it is subjective and impossible to prove. Colorado law begs to differ.

In other cases, insurance agencies may push for low settlements—a lump sum that may seem attractive at first glance but does not cover the long-term costs of managing chronic pain. They may also delay the claims process, hoping you become so frustrated that you accept an unsatisfactory settlement.

If you are experiencing significant pain, suffering, or impairment from an accident caused by someone else’s negligence, contact us immediately. We will help you gather the strong evidence you need, negotiate maximum value for you on your personal injury claim, confront the insurance companies’ low-ball tactics, get you fair compensation, and, if necessary, take your case to court.

Don’t Suffer in Silence. Let Us Help You Fight For Your Rights

Are you experiencing chronic pain or permanent injury after a personal injury due to someone else’s negligent behavior? We can help. With over 30 years of personal injury experience, we offer strategic legal solutions for personal injury victims. Whether you are facing a time-sensitive situation or need guidance on navigating complex legal procedures from the get go, our team is here to provide the support you deserve. Contact us today!

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