Living with chronic pain can be a daily struggle, impacting every aspect of your life, from your ability to work to your overall quality of life.
If you’ve suffered from chronic pain due to a personal injury, you may be entitled to compensation to help alleviate the financial burden and support your recovery. But how is compensation calculated for chronic pain claims? We’ll delve into the intricacies of compensation calculation below, including how general and special damages are determined, and the crucial role of causation in these claims.
General Damages - General damages refer to compensation awarded for non-monetary losses, such as pain and suffering, loss of amenity, and loss of enjoyment of life. Calculating general damages for chronic pain claims can be complex, as there is no fixed formula. Instead, the amount awarded depends on various factors, including the severity and duration of the pain, the impact on daily activities and relationships, and the prognosis for recovery.
In chronic pain claims, medical evidence plays a crucial role in assessing the extent of the pain and its impact on the individual’s life. Medical reports from specialists, such as pain management consultants and orthopaedic surgeons, may be used to document the nature and severity of the pain, any associated symptoms or limitations, and the prognosis for improvement.
Additional reports may also be necessary from a psychiatrist or a care expert.
Once the medical evidence has been reviewed, the court will consider similar cases with comparable injuries and pain levels to determine an appropriate award for general damages. Factors such as the claimant’s age, occupation, and lifestyle may also be taken into account when assessing the value of general damages.
Special Damages - Special damages, on the other hand, are awarded for specific financial losses incurred as a result of the injury, such as medical expenses, rehabilitation costs, loss of earnings and pension, care and assistance, accommodation needs, travel expenses, etc. Calculating special damages for chronic pain claims involves documenting and quantifying the actual financial losses incurred by the claimant as a direct result of the injury. This involves relying on the medical evidence secured to demonstrate the injuries sustained and therefore the inability to work and/or the need for ongoing care and support.
To calculate special damages, the claimant must provide evidence of the expenses incurred, such as receipts, invoices, and earnings information. Alongside the medical evidence, this documentation is used to determine the total amount of financial losses suffered by the claimant, which may include past and future expenses related to medical treatment, therapy, medication, assistive devices, and other necessary aids or adaptations.
Causation - Causation is a fundamental principle in personal injury law that establishes a causal link between the defendant’s negligence or wrongdoing and the claimant’s injuries. In chronic pain claims, proving causation can be challenging, as there may be multiple factors contributing to the pain, including pre-existing conditions, previous injuries, and other medical issues.
To establish causation in a chronic pain claim, the claimant must demonstrate that the defendant’s actions or negligence were a significant contributing factor or indeed the only contributing factor to the development or exacerbation of the chronic pain. This may require expert medical testimony and evidence to establish a clear link between the defendant’s conduct and the claimant’s injuries.
Summary Calculating compensation for chronic pain claims involves assessing both general and special damages, considering the severity and impact of the pain, as well as the claimant’s financial losses. Medical evidence is crucial in these assessments, ensuring that the compensation awarded reflects the true extent of the claimant’s suffering and financial burden.
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