The issue of a chronic pain injury is one of the most difficult challenges in personal injury law and requires meticulous knowledge of the law, as well as extensive medical evidence. Accident victims in Queensland (incl. Brisbane and the Gold Coast), should be aware of this as a legal issue.
Generally, chronic pain is defined as pain that has persisted for six months or longer from the date of the onset.
Where the difficulty arises in a chronic pain case is proving of its existence, especially if there are no objective medical findings or very weak medical evidence linked to soft tissue injuries. Arguing such injuries in a claim for compensation can be a costly endeavour and it is extremely important that legal advice from an accredited specialist in personal injury is considered before making a claim on this issue.
Chronic Pain is NOT a Nuisance Claim
Sadly, many chronic pain sufferers after an injury are pegged as “freeloaders” of the social system. They may be injured workers who are perceived as “lazy” because they do not want to work, or they may be victims of an accident that are seen as trying to make a lucrative settlement from their injury.
To be fair, there are dishonest people who exist. The saying, “one rotten apple spoils the whole barrel” is a very consistent observation of the chronic pain injury case. However, the majority of people in Australia are hard-working, honest people who want nothing more than to just get their lives back on track.
The other reality of many accident victims, even if they receive large amounts of compensation, is that their lives will never be the same. If the injury renders them incapable of working or carrying on a regular life without medical assistance, the amount for compensation does not spread as far as what critics suppose.
Case Selection: A Sad Reality
The reality of being a legal professional can sometimes be difficult, especially when it comes to addressing the needs of potential clients and their pain. An ongoing responsibility of an accredited specialist in personal injury that may also be the one of the toughest is providing realistic expectations to a client after hearing their story of their chronic pain injury from an accident.
However, lawyers cannot take the role of apologists for the legal system and the simple fact is that not every chronic pain injury case can be successfully won. There may be many reasons for this and some may include:
- An injured person may have waited too long before seeking legal advice and key medical evidence of the injury or about how the accident happened may be lost.
- At worst, the injured person may have delayed for so long that their right to claim for compensation may be lost.
- The injured person may have been neglecting to follow the treatment prescribed to them by their doctors or rehabilitation specialists without a good reason to explain why.
- An injured person may be exaggerating or lying about key facts that can affect their image as credible witnesses to a judge.
Choosing the Right Personal Injury Lawyer
A good and reputable lawyer will only take on cases that are most likely for success and to turn them into winning cases. Why? Because chronic pain cases can be extremely expensive to try and the client may run the risk of a substantial loss in their time and resources by pursuing a claim that may be doomed for failure because there is insufficient medical evidence or because the claim is being driven predominantly on emotion as opposed to objective facts.
Be wary of lawyers that guarantee an outstanding result within minutes of meeting with you. In chronic pain cases, there are many factors that come into play that can affect the results in trial.
East Coast Injury Lawyers Can Help
After an accident, there are many serious choices that may have to be made. Do not compromise your legal options by failing to speak with an accredited specialist in personal injury. East Coast Injury Lawyers can help you determine if your chronic pain injury from an accident is worth pursuing a claim for. Scheduling a free, no obligation consultation with one of our lawyers will yield valuable legal advice that is professional, specialized and most importantly, honest. You will get no exaggerated claims concerning your legal rights to compensation from us.
Contact us today for more information and to book a free consultation with us so you can tell us about your accident.