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Can I Be Compensated for Chronic Pain After a Car Accident?

Published on Dec 5, 2019 at 1:06 pm in Auto Accident.

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A car accident usually leaves you with injuries, some minor and others serious. In fact, the National Highway Traffic Safety Administration (NHTSA) reported nearly 2 million injuries from car accidents in 2017. About 80,000 of those injuries occurred in Illinois. Some of those accidents result in injuries that cause chronic pain that lasts for a long period of time. If you’ve been in a car accident in Chicago that resulted in chronic pain, you should seek compensation for your injuries and suffering.

What Is Chronic Pain?

Chronic pain can present itself in many ways. Some people experience headaches, back pain, arthritic pain, and even neurogenic pain, according to the National Institute of Neurological Disorders and Stroke (NINDS). Even if the pain does not stem from a specific injury, it can be debilitating because it persists for weeks, months, or years in some cases.

If you have chronic pain, you might experience other hardships emotionally. The constant pain can cause stress, anger, trouble sleeping, and even depression. The American Psychological Association advises that patients with chronic pain should seek professional help to cope with the emotional side effects.

The most important step to take if you have chronic pain is to be consulted by a medical professional. That way, you have a treatment plan to help manage your pain. Seeing a doctor regularly for your pain also creates a medical history that proves your pain, which is vital when trying to obtain compensation.

Evidence Is Key for Compensation

When you’re making a claim to get compensation for your chronic pain, you’ll need all the evidence you can get to prove your case. Without evidence of your chronic pain, or proof that a car accident caused it, you have less of a chance of winning your case. Here are the most essential pieces of evidence to present in your case:

  • Medical records. Pain usually can’t be proved by tests, so the best proof of your chronic pain comes from your medical records. These will show when your pain started, which should correspond to the date of the car accident that caused your injury. With documentation, you can prove that you have had chronic pain since the date of the injury.
  • Testimony from an expert. Even though your medical records prove your pain, it is important to get testimony from a medical expert who specializes in your specific injury that’s causing your pain. That way, you have a reputable person explaining your injury and pain as they usually occur, which validates your claims.
  • Daily journal. If you can, you’ll want to keep a daily journal where you record your pain levels and experiences with your injuries. This will help you build credibility on the stand because you will have dates and first-hand accounts of pain.

Since Illinois is a tort state with comparative negligence, the person most at fault for an accident will be liable to provide compensation to the other party for injuries, lost wages, damages, and pain and suffering. But if you are partially at fault for the accident that caused your chronic pain, your compensation will be reduced by the percentage of your liability. Otherwise, you should receive compensation with proper evidence and representation.

Thomas Law Offices Can Represent You

You shouldn’t have to deal with chronic pain without justice. The person who caused your accident should be responsible for your compensation. A claim can hold them liable to reimburse your medical bills, lost wages, property damage, and pay for your pain and suffering. With legal help from a Chicago car accident lawyer from Thomas Law Offices, you will be able to recover the money you deserve. Contact us today so we can discuss your legal options.