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Personal Injury Lawsuits & the Question of Chronic Pain


Chronic pain is a life-altering and debilitating condition that is often the result of accident injuries and occupational illnesses. As a medical term, “chronic pain” is defined as any pain that lasts at least 12 weeks. However, it can be difficult to diagnose and is usually a red flag for shrewd insurance companies.

Chronic pain often accompanies the following injuries:

  • Neck injuries
  • Spinal cord injuries
  • Repetitive stress injuries
  • Neurogenic injuries
  • Head injuries

Unfortunately, pain is a very subjective experience, and there is no test that can immediately measure or identify the source of a patient’s condition. Doctors can only ask a patient questions to determine the type and cause of the pain. As such, addressing chronic pain in a lawsuit can be time-consuming and expensive, but, if handled well, may enhance the value of a claim.

Proving Chronic Pain Is “Real”

Insurance companies usually challenge these claims by alleging that a plaintiff’s condition is purely psychological or a mere fabrication. It doesn’t help that insurance company doctor can easily deny the existence of an injury based on “objective” testing and limitations in diagnostic technology. For example, because soft tissue injuries typically heal within a few months, a doctor may use faulty logical to claim that a plaintiff’s pain symptoms shouldn’t be related to a prior accident. In a worst-case scenario, they may even insist that a plaintiff is feigning or exaggerating their condition just to secure a monetary settlement.

Proving credibility is the most critical aspect of any personal injury case. You can safeguard your claim by scheduling appointments with credible healthcare specialists and requesting copies of your updated medical records.  A doctor who has experience treating pain disorders can also provide an expert report if your case goes to trial.

Nevertheless, some healthcare professionals struggle to treat patients with chronic pain symptoms. Your path to restitution may even be compromised if multiple doctors agree that nothing is “wrong” with you. Fortunately, our legal team can overcome this stigma by scrutinizing your medical records and discussing your case with renowned experts.

Discuss Your Case with a Qualified Personal Injury Lawyer

If you’re ready to file a claim, contact the Charleston personal injury attorneys at Pierce, Sloan, Kennedy & Early LLC today. Our legal team has been representing clients who suffer from chronic pain symptoms since 1999. Our experienced and compassionate legal team can investigate your case, review your medical records, and help you pursue a settlement or verdict that recoups your injury-related expenses.

Call Pierce, Sloan, Kennedy & Early LLC at (843) 968-0886 to schedule a consultation.

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