If you are suffering from chronic pain, it is imperative that you understand your legal rights and the important steps to take to recover compensation. Read on and speak with a skilled Washington D.C. injury attorney for legal advice and representation today.
What is Chronic Pain?
According to the National Center for Biotechnology Information (NCBI), chronic pain is defined as “a widespread and complex condition characterized by persistent pain lasting more than 3 to 6 months…”
Chronic pain is any pain that persists for longer than 3 months, well past the standard healing time for the particular injury. While the pain may start out as a symptom of another injury or illness, when it lasts past the time that the body has healed, it can be considered its own condition. It may come and go randomly or always be there.
Chronic pain is one of the most common conditions, with nearly 25% of people in the United States experiencing some form of it. Because this type of pain is long-term, it can have a significant negative impact on an individual’s mental health and often leads to depression, anxiety, and a reduced quality of life.
Can I Recover Compensation for Chronic Pain in D.C.?
Yes, in certain circumstances, you can recover compensation for chronic pain. In order to do so, you must be able to identify an individual or entity who is liable for your injury and pain, or be covered under certain insurances.
Chronic pain can be considered a non-economic damage when it comes to personal injury law. Non-economic damages are losses that do not have an inherent financial value attached. Unlike economic damages, these losses are intangible and cannot be easily calculated. However, they can still have a significant impact on the victim’s quality of life. Examples of non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and more.
How Can I Be Compensated for My Chronic Pain?
Your ability to recover compensation for your chronic pain depends on how the original injury and pain came about. There are generally two ways that you can be compensated for your chronic pain: a personal injury claim or a workers’ compensation claim.
If your chronic pain resulted from another party’s negligence, like a car accident, slip and fall, or medical error, you can file a personal injury claim or lawsuit against the liable party. Through this legal action, you can seek compensation for all associated expenses, such as medical bills, lost income, and non-economic losses like physical pain and suffering. Chronic pain falls under this category as well.
You may also recover compensation for your chronic pain if it originates from a work-related incident. If you were involved in an accident at work and were harmed, or if you injured yourself from overexertion or a repetitive motion, you may be able to seek damages for your chronic pain through workers’ compensation. This is a type of no-fault insurance provided by certain employers to their employees and can cover medical and other injury-related expenses. While chronic pain is not technically covered as it is a non-economic damage, it can be considered a disability, which is compensable.
To learn more about your legal options when dealing with chronic pain, reach out to a skilled personal injury attorney today.