Proving Long-Term Pain
Generally, pain reported immediately after an accident is rarely disputed. Doctors and nurses treating you in the aftermath in hospital will assess your injuries, ask how you’re feeling and note down their assessment, which will be recorded in your medical records.
But proving that you’re suffering from ongoing pain after an accident can be a real source of frustration and despair.
Doctors can do various tests to assess your pain levels, your reactions and if you’re sensitive to pain. But the truth is that pain is subjective, so only you as the person who has been injured can know just how you are feeling.
Many accident victims may also try putting on a brave face and concealing their chronic pain. All too often, some people can make hurtful comments to suggest you’re only claiming for the money or you’re exaggerating your symptoms to get more money, and others might simply not want to worry their family and friends.
But if your pain doesn’t settle down after an accident and is continuing for longer than three months, despite medication or treatment, then it can be classified as chronic pain.
If you’re diagnosed with a long-term chronic pain condition, the claim can be high-value, so the insurance company representing the other side will often go to great lengths to dispute the claim. So it’s very important to get as much evidence as possible to prove your claim.
What Evidence Can Help My Claim?
- Expert Medical Report - Our Serious Injury Solicitors work with a trusted network of medical experts who specialise in chronic pain, who can assess you and provide a diagnosis of your injuries. We ask them to provide their professional opinion and recommendations for treatment. The expert also reviews your medical records and may arrange for further diagnostic tests and scans to help them reach their opinion. The reports prepared by these experts, along with your medical records, can be crucial in proving that you’re suffering pain after an accident.
- Pain Diary / Journal - We recommend you keep a pain diary or journal to record how you are feeling and note the good days and bad days. Also note how the pain restricts you from carrying out day to day tasks.
- Witness Statements - We’ll take a statement from you to describe your injuries and the effects they’ve had on your life. We also take statements from close family members and friends who can say what you were like before the accident and any changes they have noted in you since you were injured.
- Pain Medication - We’ll also look at any pain medications you are taking and other treatments you’re receiving to help manage your pain.
- Photographs - Most types of pain aren’t visible, but there are some pain conditions such as Complex Regional Pain Syndrome where there can be visible symptoms, such as swelling, redness, mottling of the skin, changes to the nails and abnormal hair growth. If you have any photographs showing any visible symptoms, we ask you to take photographs to help demonstrate the changes.