How Chronic Pain Affects Personal Injury Compensation

Chronic pain can be one of the most difficult consequences of a catastrophic injury to document and value. Unlike a broken bone that can be seen on an X-ray or an injury that can be measured through a straightforward diagnostic test, chronic pain may continue long after the original injury has healed. It can affect a person’s ability to work, sleep, exercise, maintain relationships, and participate in everyday activities.

For someone pursuing a California personal injury claim, chronic pain can therefore have consequences that extend far beyond medical bills. Persistent pain may support compensation for ongoing medical treatment, lost income, reduced earning capacity, physical impairment, and pain and suffering. Establishing the extent of those damages, however, requires evidence showing how the pain developed, how it affects the person’s life, and what medical care may be necessary in the future.

Kalfayan Merjanian, LLP represents people who have suffered serious and catastrophic injuries and understands the importance of documenting not only the initial injury but also the continuing effects of chronic pain.

When Does Acute Pain Become Chronic Pain?

Pain normally accompanies serious injuries, particularly during the initial stages of treatment and recovery. Acute pain generally improves as the underlying injury heals. Chronic pain is different because it can persist for months or years and, in some cases, become a long-term condition. Chronic pain can result from many types of catastrophic injuries, including spinal cord injuries, traumatic brain injuries, severe burns, amputations, nerve injuries, and orthopedic injuries. A person may also experience chronic pain after multiple surgeries or complications arising from an initial injury. The duration and severity of pain can vary considerably. Some people experience continuous pain, while others have flare-ups triggered by particular activities or conditions.

How Does Chronic Pain Affect a Personal Injury Claim?

Chronic pain can affect virtually every component of a personal injury claim. An injured person may incur substantial medical expenses while receiving treatment for the underlying condition. Persistent pain may also prevent the person from returning to work, reduce the number of hours they can work, or force them into a different occupation. At the same time, chronic pain can support a claim for noneconomic damages based on the physical and emotional consequences of the injury. The challenge is establishing the full extent of those consequences with credible evidence.

What Are Pain and Suffering Damages in California?

Pain and suffering are generally considered noneconomic damages because they do not represent a specific financial expense. California law permits recovery for noneconomic harm resulting from a personal injury, including physical pain, mental suffering, inconvenience, emotional distress, and physical impairment. Unlike medical bills or lost wages, there is no invoice establishing a fixed dollar amount for these losses. A jury may therefore consider the nature, severity, duration, and consequences of the pain when determining an appropriate award.

How Do You Prove Chronic Pain Is Real?

The absence of a single objective test does not mean chronic pain cannot be documented. Medical records can establish the history and progression of symptoms. Doctors may document pain levels, functional limitations, physical examinations, neurological findings, treatment responses, and diagnoses. Imaging and other diagnostic testing can provide additional evidence concerning the underlying injury. Treatment history can also be important. A person who consistently seeks appropriate medical care, follows prescribed treatment, attends physical therapy, and continues reporting persistent symptoms may have substantial documentation supporting the existence and severity of chronic pain. Evidence from family members, coworkers, and others who regularly interact with the injured person can provide additional context about changes in daily functioning.

Insurance Companies Often Argue That Chronic Pain Is Exaggerated

Insurance companies often scrutinize chronic pain claims because pain is inherently subjective. An insurer may argue that the claimant’s symptoms are exaggerated, that the medical evidence does not support the reported level of pain, or that the pain is unrelated to the accident. Preexisting medical conditions can create another point of dispute. An insurer may argue that the claimant had similar pain before the accident or that a degenerative condition, rather than the accident, is responsible for current symptoms. These arguments make consistent medical documentation and a clear chronology of the injury particularly important.

What If the Injury Caused or Aggravated a Preexisting Pain Condition?

A preexisting condition does not necessarily eliminate a person’s right to recover compensation. An accident can cause a new injury, aggravate an existing condition, or turn a previously manageable condition into a disabling one. The medical evidence should distinguish the person’s condition before the accident from the condition afterward. For example, a person may have experienced occasional back discomfort before a collision but remained fully employed and physically active. After the collision, the person may develop severe daily pain, require surgery, and become unable to perform their former occupation. The difference between the pre-accident and post-accident condition can be highly relevant to the appropriate amount of compensation.

How Does Chronic Pain Affect Medical Expenses?

Long-term pain can require continuing medical treatment. Depending on the underlying injury, treatment may include physician visits, prescription medications, physical therapy, injections, pain-management procedures, surgery, psychological treatment, or other forms of rehabilitation. Some people may require treatment for years or for the remainder of their lives. In catastrophic injury cases, determining the cost of reasonably anticipated future care can therefore be an important part of calculating damages. A life-care planner and appropriate medical professionals may help identify the types and frequency of future treatment that may reasonably be required.

Can You Recover Compensation for Future Chronic Pain?

If the evidence establishes that an injury is reasonably expected to cause ongoing pain, future noneconomic damages may be considered. The anticipated duration and severity of the pain can become important evidence when evaluating the claim. Future medical expenses may also be recoverable when continuing treatment is reasonably necessary because of the injury. This is one reason a catastrophic injury case should not necessarily be evaluated solely on the basis of medical bills incurred during the first few months after an accident.

Can Chronic Pain Affect Future Earning Capacity?

Persistent pain can interfere with a person’s ability to perform their occupation even when the person remains technically capable of working. An injured worker may no longer be able to lift heavy objects, sit or stand for extended periods, concentrate for long periods, work a full schedule, or perform repetitive physical movements. A person may have to reduce hours, change positions, accept a lower-paying job, or leave the workforce entirely. The resulting loss can involve both past lost wages and future lost earning capacity. For a catastrophic injury, vocational and economic experts may be used to evaluate how the person’s injury affects their future ability to earn income.

How Does Chronic Pain Affect Everyday Life?

The impact of chronic pain often extends beyond employment. A person may no longer be able to participate in recreational activities, exercise, travel, perform household chores, care for children, or socialize in the same way as before. Simple activities that were previously routine may become difficult or impossible. Sleep can also be affected. Persistent pain may make it difficult to fall asleep, remain asleep, or obtain restorative rest. Poor sleep can then contribute to fatigue and make the effects of pain even more disruptive. These consequences can be relevant when evaluating noneconomic damages.

Can Chronic Pain Cause Emotional Distress?

Living with persistent pain can affect a person’s emotional and psychological well-being. Some people experience anxiety, depression, frustration, irritability, social withdrawal, or other psychological consequences. The relationship can also work in both directions. Psychological distress may affect how a person experiences and manages chronic pain, while chronic pain can contribute to psychological distress. When appropriate, mental health professionals may provide evidence concerning the psychological consequences of a catastrophic injury and its ongoing pain.

How Do Experts Help Establish the Value of Chronic Pain?

Different experts may contribute different types of evidence. Treating physicians can explain the underlying injury, prognosis, treatment, and expected course of pain. Specialists may address neurological, orthopedic, spinal, or other conditions depending on the injury. A life-care planner can evaluate future medical and rehabilitative needs. A vocational expert can assess how chronic pain affects the person’s ability to work. An economist can calculate the financial consequences of reduced earning capacity and future medical costs. The role of these experts is not simply to assign a dollar amount to pain. Their testimony can provide evidence from which the full economic and functional consequences of the injury can be evaluated.

Does Chronic Pain Need to Be Supported by an MRI or Other Imaging?

Imaging can be valuable evidence of an injury, but the severity of pain does not always correspond directly to the appearance of an injury on an imaging study. Some serious pain conditions involve nerve dysfunction or other physiological processes that may not be fully reflected in conventional imaging. A person can therefore experience significant chronic pain even when an MRI or other diagnostic study does not appear dramatic. The medical history, physical examinations, treatment records, functional limitations, and other evidence can all contribute to establishing the nature and extent of the condition.

Why Is a Pain Journal Useful in a Personal Injury Case?

A contemporaneous record can help document how chronic pain affects daily life over time. An injured person may record pain levels, activities that trigger symptoms, medications, sleep disruption, medical appointments, and limitations on ordinary activities. Such a record can help a treating physician understand the progression of symptoms and may provide a useful chronological account of the condition. A pain journal should be accurate and factual rather than written specifically to support litigation. Medical records and other contemporaneous evidence remain particularly important.

How Can Chronic Pain Affect a Settlement?

Chronic pain can significantly affect the potential value of a personal injury claim because it may demonstrate that the consequences of an injury are permanent rather than temporary. An insurer evaluating a settlement may consider medical expenses, lost income, future treatment, and the claimed noneconomic damages. Evidence showing that pain is likely to continue can therefore affect negotiations. At the same time, accepting a settlement generally resolves the claim. Once a settlement has been finalized, an injured person ordinarily cannot return later for additional compensation simply because the pain proves more severe than anticipated. Understanding the long-term prognosis before resolving a serious injury claim can therefore be important.

What Evidence Can Help Document the Long-Term Effects of Chronic Pain?

A strong claim may involve evidence from multiple sources, including, for example:

• Medical records documenting symptoms, diagnoses, treatment, prognosis, and functional limitations.
• Diagnostic studies and physical examination findings.
• Records of medications, therapy, injections, surgery, and other treatment.
• Employment records documenting missed work or changes in job duties.
• Testimony concerning changes in daily activities and quality of life.
• Expert assessments of future medical care, vocational limitations, and earning capacity.

The objective is to create a consistent picture of the injury and its consequences rather than relying on a claimant’s description of pain alone.

Contact Kalfayan Merjanian, LLP

Chronic pain can fundamentally change a person’s life after a catastrophic injury. Its effects may include continuing medical treatment, lost income, diminished earning capacity, physical limitations, emotional distress, and the loss of activities that once brought meaning and enjoyment. Kalfayan Merjanian, LLP can investigate the underlying injury, work with appropriate medical and economic experts, and pursue compensation for both the financial and human consequences of chronic pain. Contact Kalfayan Merjanian, LLP today to discuss your injury and learn how your claim may be evaluated.