Chronic Pain Compensation Claim Solicitors

Chronic pain conditions do not always develop immediately after an accident, and symptoms may emerge or worsen weeks or months later. In most cases, personal injury claims must be started within three years of the initial injury, although the position can be more complex where symptoms develop later. If you have recently been diagnosed with a chronic pain condition and believe it may be linked to an earlier accident, contact us to discuss your circumstances and any applicable time limits.

The Compensation is usually made up of two parts: general damages and special damages.

• General damages compensate for the pain, suffering, and impact the condition has had on your quality of life. Lawyers and courts often refer to the Judicial College Guidelines when valuing this part of a claim. For example, severe chronic pain that is likely to persist despite treatment currently falls within a guideline bracket of £42,130 to £62,990. Complex Regional Pain Syndrome (CRPS) has a separate bracket ranging from £28,030 to £84,010, depending on the severity of the condition and its impact on daily life.
• Special damages cover financial losses and expenses caused by the injury, such as lost earnings, treatment and rehabilitation costs, care and assistance, travel expenses, and any adaptations needed to a home or vehicle. The overall value of a claim will depend on the individual circumstances, the severity of the condition, and the financial losses that can be evidenced.

In some cases, rehabilitation and support can be explored alongside a claim. Where liability is admitted and interim payments are available, these may help fund treatment and support before a claim concludes.

Depending on your circumstances, this could include specialist chronic pain consultations, physiotherapy, hydrotherapy, occupational therapy, psychological support, pain management programmes, and specialist pharmacological reviews.

At Simpson Millar, we recognise the importance of rehabilitation and, where appropriate, work with insurers and rehabilitation providers in line with the Rehabilitation Code 2015 to help identify suitable support at an early stage.

Typically two to four years. The timeline reflects the need to allow the condition to stabilise and gather medical evidence that accurately captures long-term needs before the claim can be valued. Interim payments can help reduce the financial pressure throughout that period.

No. If you have persistent pain following an accident but have not yet received a formal diagnosis, you can still contact us for advice. A diagnosis is often an important part of understanding the cause of your symptoms and assessing whether a claim may be possible. Where appropriate, we may be able to help obtain the medical evidence needed to better understand your condition and its impact on your daily life.

Many chronic pain claims are handled under a No Win, No Fee agreement, which means you will not usually need to pay any legal fees upfront.

Depending on the circumstances of your case, there may be additional costs, known as disbursements, such as court fees or the cost of obtaining expert medical evidence. In many cases, these costs can be covered by an insurance policy, such as After the Event (ATE) insurance. We will explain any costs and funding arrangements clearly before you decide whether to proceed.

If you decide to proceed, you may be asked to enter into a Conditional Fee Agreement or another funding arrangement. If your claim is unsuccessful, you will not usually have to pay our legal costs. If your claim succeeds, some legal costs may be recovered from the other side, although a contribution from your compensation may sometimes be required, depending on the funding arrangement in place and the circumstances of your case.  

We work with specialist pain consultants and other rehabilitation professionals. Contact us to discuss your circumstances and find out whether a claim may be possible. Call 0800 260 5010 or request a callback.