back pain, body pain, ergonomics

Chronic Pain Injuries After a Car Accident

 

Chronic pain injuries can result from various types of accidents, including car crashes, and are particularly common in rear-end collisions where injuries like whiplash may lead to long-lasting pain. In Alberta, chronic pain is a serious concern for those who experience ongoing discomfort, even after the visible physical injuries have healed. Understanding your rights under Alberta law and how chronic pain is addressed in the legal system is essential for ensuring fair compensation.

 

 

What is Chronic Pain?

Chronic pain can start when pain persists for longer than six months after an injury. It can be caused by soft tissue injuries, nerve damage, or musculoskeletal issues. Unlike acute pain, which typically resolves as the body heals, chronic pain may continue indefinitely and significantly affect a person’s quality of life.

 

Common symptoms of chronic pain include:

  • Persistent pain in the neck, back, or joints
  • Difficulty sleeping
  • Fatigue
  • Depression or anxiety due to constant discomfort

In many cases, chronic pain may arise from injuries that initially seem minor, such as whiplash or other soft tissue injuries commonly caused by car accidents.

 

 

Case Law

The Alberta case of Stevenson vs. Thompson (2017 ABQB 451) highlights how Alberta courts handle chronic pain claims. In this case, the plaintiff was injured in a car accident and initially diagnosed with soft tissue injuries, including whiplash. Over time, these injuries led to severe and ongoing chronic pain, which had a profound impact on her life, work, and personal relationships.

 

The court found that although the initial injuries were classified as “minor,” the long-term impact of the chronic pain elevated the case. The judge ruled that the chronic pain was not subject to the Minor Injury Regulation (MIR), which caps compensation for soft tissue injuries. As a result, the plaintiff was awarded significantly higher compensation to account for the long-term effects of her chronic pain.

 

This case illustrates the importance of proper legal representation for those suffering from chronic pain after a car accident. A personal injury lawyer can help ensure that chronic pain is adequately recognized in your claim, and that you receive appropriate compensation for ongoing suffering.

 

 

How Alberta Law Treats Chronic Pain

In Alberta, chronic pain injuries may not fall under the Minor Injury Regulation (MIR), which places a cap on compensation for minor soft tissue injuries, such as whiplash. However, if your chronic pain persists beyond six months or involves significant impairment to your daily activities, the injury may be classified as more serious, and you could be entitled to higher compensation.

 

Chronic pain is often difficult to prove because it is subjective and does not always show up on medical tests. Courts in Alberta, however, recognize the validity of chronic pain claims when there is consistent medical documentation and expert testimony supporting the claimant’s condition.

 

 

Statistics on Chronic Pain and Car Accidents

Chronic pain is more common than many realize. According to Statistics Canada, 1 in 5 Canadians experience chronic pain, and it is a frequent outcome of car crashes. In Alberta, car accidents are a leading cause of chronic pain, with many victims developing long-term symptoms even after seemingly minor collisions.

 

A study by the University of Alberta reported that between 10% and 30% of individuals who suffer from whiplash will experience chronic pain. This underscores the importance of seeking immediate medical attention after a rear-end collision and closely monitoring any ongoing symptoms.

 

 

Steps to Take After a Car Accident

If you have been injured in a car accident and are experiencing chronic pain, it is crucial to take the following steps:

  1. Seek Medical Attention: Even if your injuries seem minor, chronic pain can develop over time. A thorough medical evaluation is important for both your health and any future legal claims.
  2. Keep Detailed Records: Document your pain and its impact on your daily life. Keep a journal of your symptoms, medical visits, treatments, and how the pain affects your ability to work and perform daily tasks.
  3. Consult a Personal Injury Lawyer: A personal injury lawyer in Calgary or Edmonton can guide you through the process of making a claim for chronic pain. They will work with medical experts to substantiate your injury and ensure you receive fair compensation.

 

 

How a Personal Injury Lawyer Can Help

Chronic pain claims are often complex, as they rely heavily on medical evidence and expert testimony. A personal injury lawyer can help you gather the necessary documentation and navigate the legal system to ensure your pain is recognized in court. Lawyers will also negotiate with insurance companies, who may downplay or dismiss chronic pain claims in an effort to minimize compensation.

 

 

Conclusion

Chronic pain injuries can be life-altering, especially when they stem from a car accident. Whether you’re suffering from long-term whiplash or more severe chronic pain, it’s crucial to know your rights under Alberta law. Even when chronic pain originates from a seemingly minor injury, it can lead to significant compensation when properly presented in court.

 

If you or a loved one is suffering from chronic pain after a car crash, contact a personal injury lawyer in Calgary or Edmonton to discuss your options. We’re here to help you navigate the legal system and fight for the compensation you deserve.

2 thoughts on “Chronic Pain Injuries After a Car Accident”

  1. Pingback: Can a Pre-Existing Condition Hurt My Car Accident Case?

  2. Pingback: Understanding Chronic Pain Claims in Calgary and Alberta

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