Chronic Pain Compensation Guide
A Comprehensive Chronic Pain Compensation Claim Guide
Personal injuries change people’s lives in unexpected ways. It’s not uncommon for people to develop chronic pain conditions long after their initial accident or injury. Conditions involving chronic pain are often misunderstood by those in the medical and legal communities, as well as the public at large. Whether you were injured in a road traffic accident, an accident at work or an injury resulting from a criminal act, you may be entitled to financial compensation. Working with specialist solicitors ensures you receive legal advice and professional support during the personal injury claim process.
FT Chronic Pain Solicitors is a law firm focused on helping clients experiencing Complex Regional Pain Syndrome (CRPS), Fibromyalgia, and other chronic pain conditions caused by someone else’s negligence. Below, we’ve provided a step-by-step guide to bringing personal injury claims for chronic pain in England and Wales. Learn when it’s appropriate to bring a personal injury claim, how long the process takes, and how much compensation you could expect to receive. Should you decide to pursue legal action, we would be happy to provide a consultation. If getting around is difficult due to your injuries, we can come to you.
Reach out to our team today to get started!
What is Chronic Pain?
Many personal injury claims refer to acute or quick-healing injuries, such as bone fractures or torn muscles or ligaments. However, many injuries cause chronic pain that can impact a person for the rest of their life. Chronic pain refers to persistent, continuous, or recurring pain that lasts for 12 weeks (three months) or more. From your head to your toes, chronic pain can affect any area of the body. Chronic pain doesn’t always have to be physical. It can also refer to the unpleasant emotional and sensory experiences associated with injuries. Some of the most common symptoms of chronic pain include:
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Burning sensations
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Muscle tightness
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Shooting pains
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Aching sensations
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Pain that spreads throughout your entire body
What is Chronic Pain Syndrome/CRPS?
Chronic Pain Syndrome generally refers to long-lasting pain and how it’s linked to other conditions, including depression, anxiety, and fatigue. Complex Regional Pain Syndrome (CRPS) is severe, persistent pain and inflammation affecting various body parts and organs. CRPS is often caused by work injuries, slip-and-falls, and car accidents and may be acute or chronic. Many people with CRPS experience it in a single limb or body extremity. CRPS Type 1, or Reflex Sympathetic Dystrophy (RSD), often occurs after an injury or illness does not directly damage nerves in the affected limbs. CRPS Type 2, or Causalgia, occurs after a direct nerve injury, such as a forceful trauma to a limb. Symptoms of CRPS range from spontaneous or excess pain to impaired muscles, abnormal sweating, and changes in the skin, nail beds, or hair growth.
Am I Eligible to File a Personal Injury Claim for Chronic Pain?
To be eligible to bring a personal injury claim for chronic pain, you will need to establish the following:
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The defendant owed you an existing duty of care and
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The defendant was negligent, allowing the accident or injury to occur and
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Due to this accident or injury, you’re suffering from chronic pain
We are Anne Felmingham and Paul Turner. With almost four decades of combined experience dealing in personal injury claims, we set up FT Chronic Pain Solicitors to help you get the compensation that you deserve.
Don't just take our word for it, read what our clients have to say about us.
If you are unhappy with the way your current solicitor is handling your case, or you have any questions about beginning a new claim for your chronic pain condition, contact us for free today. Our initial conversation is absolutely free, and we apply our wealth of knowledge and expertise to get the maximum for each client that we act for.
We specialise in CRPS and Fibromyalgia compensation claims. Click here to read more about how we can assist you with Claims related to these conditions.
We also act for clients who have been diagnosed with the following chronic pain conditions:
If you are uncertain if we can help, give us a call. It costs you nothing to speak to us, and it could be the call that changes your life.
If we can help, we will.
A Step-by-step Guide to the Personal Injury Claim Process
Although personal injury claims vary by individual and circumstance, the claims process usually follows a similar pattern. Here is a quick step-by-step guide of what you can expect:
Step 1: Contact Us for a Consultation
If you believe you have a personal injury claim for chronic pain, contact FT Chronic Pain Solicitors. We will ask questions about your injury, the accident, the circumstances that led to a diagnosis of CRPS, and the impact CRPS has had on your life as well as your family. We may ask for a copy of your medical record which will allow us to conduct a thorough risk assessment. We will then let you know whether we can help. There are time limits for filing personal injury claims for chronic pain. You generally have three years to claim from the date of your accident.
We are “No Win No Fee” chronic pain solicitors, meaning we operate on a Conditional Fee Agreement (CFA). The contract specifies the terms of our agreement to work together, but you do not need to pay any fees upfront. Should you lose your claim, you generally will not be liable for any fees unless there has been a costs order made, for example, a trial has not been successful. Your insurance company will usually pay the expenses and fees incurred by your opponent. If you win, you will pay fees out of your compensation called a success fee. Fees will vary based on the risks associated with your case, but they generally do not exceed 25% of compensation. Everything including any deductions to be made from compensation will be explained to you before signing any paperwork.
Step 2: Scrutiny of Medical Records & Submitting Formal Claim
Once we begin working on your case, we will analyse all medical records from your general practitioner (GP) and any treating hospitals. Once we’ve examined the details of your case, we will submit a formal claim (letter of claim) to the individual or organisation responsible for the onset of your CRPS.
The FT Chronic Pain Solicitors team must establish a timeline regarding your chronic pain condition, including what happened and how it happened. We will gather medical records, photographs, witness statements, police reports, and more to support your claim. We will also begin preparing a schedule of financial losses related to your injury or CRPS. This document is updated as the claim progresses and can include rehabilitation, surgery, property adaptations, care etc.
Having an expert opinion from a specialist not involved with your medical care is essential. We have an extensive network of CRPS medical specialists we work with to offer opinions about various chronic pain conditions, causes, and treatments. Multiple experts are usually instructed to comment on your condition, any future needs, and your future prognosis. This can be very time-consuming, securing medical appointments and ensuring all records are with each expert. The defendant may also seek to secure their own expert evidence.
Step 3: Out-of-Court Settlements & Formal Court Proceedings
When the medical evidence is ready a schedule of loss is drafted and can be sent to the defendant in an attempt to reach an out-of-court settlement. This may be a settlement meeting which normally includes the parties’ barristers. In the event a settlement cannot be negotiated, or the defendant does not accept full responsibility, we may need to begin formal court proceedings. Compensation claims may still be settled after the court proceedings start but before your case goes to a trial or final hearing.
Frequently Asked Questions about Filing Personal Injury Claims
Below, please find the answers to frequently asked questions regarding personal injury claims:
How Much Compensation Can I Expect to Receive?
Compensation for personal injuries involving chronic pain will vary, but your solicitor will calculate general damages based on the pain and suffering you’ve experienced. This covers your loss of enjoyment of life, including hobbies and activities you had before your injury that you may no longer be able to enjoy. Special damages will cover the financial losses associated with your injury, including lost earnings, medical expenses, additional care, or rehabilitation, and/or mobility aids. Click here to see how your compensation will be calculated.
How Long Does a Personal Injury Claim for Chronic Pain Take?
The duration of the claim process will also vary, depending on the extent of your injuries and the circumstances involved. Personal injury claims for chronic pain typically take longer than less complex personal injury claims due to the necessary specialised medical evidence.
When Will I Receive Compensation for My Claim?
Most people receive a single lump-sum payment for a successful personal injury claim once their case is settled. However, during the claim process, you may be eligible for interim payments (small amounts of your total compensation), especially if you suffered a catastrophic injury with prolonged chronic pain symptoms. Talk to your solicitor to learn more.
Is There Anything I Can Do to Help My Chronic Pain Claim?
The best advice is to keep track of everything related to your injury, medical care, and chronic pain. Easy access to witness statements, photographs, accident report forms, occupational health reports, and medical records can all help you build a more successful case. You should also keep track of any expenses related to your medical care or rehabilitation and a pain diary recording your symptoms to help you seek compensation. Cooperating with your recommended treatment plan is also a must.
Why Choose FT Chronic Pain Solicitors to Handle Your Claim?
The team at FT Chronic Pain Solicitors has decades of experience assisting clients with chronic pain conditions due to an accident or someone else’s negligence. If you want to bring a personal injury claim in England or Wales, we would be happy to help. Personal injury claims are our speciality, particularly those involving Complex Regional Pain Syndrome and Fibromyalgia. Our client’s injuries vary from fractures to soft-tissue injuries, Whiplash, head injuries, and even amputations.
For many, chronic pain persists long after an initial injury may have healed. Working with a specialist law firm ensures you receive the expert support you need to recover the fair compensation you’re entitled to. Although financial compensation cannot turn back the clock to before you were injured, it can help you move forward with your life. We know you have questions and are dedicated to helping you get the answers you deserve. When you choose us, our knowledgeable team will be with you throughout the process, informing you about your claim’s progress. Browse our testimonials to see how we have gone above and beyond for countless clients and their families.
Find a Little Peace Between the Pain – Schedule a Consultation!
Chronic pain conditions don’t simply clock out at the end of a workday. And neither does the caring team at FT Chronic Pain Solicitors. Our clients are our top priority, meaning we often make ourselves available outside standard business hours to answer questions and inform clients about what’s happening in their personal injury claim process. Our award-winning law firm is here to support our clients with friendly service and expert advice, even during their darkest hours. Navigating the personal injury claims process can be overwhelming. We encourage you to contact us and schedule a no-obligation consultation to see how we can help you find a little peace in between the pain.