Compensation for chronic pain
If you suffer from a chronic pain condition following an accident that wasn't your fault, you could make a chronic compensation claim.
How Much Could You Claim?

Chronic Pain Claims

Chronic pain can be very debilitating and impact different aspects of your life. It may affect your ability to work and carry out daily activities, sleep and social interactions, and your overall health and quality of life. Diagnosis is often difficult, and treatment may involve lifestyle changes, medication and physical therapy.

If you developed long-standing pain due to an accident that was not your fault, you might be entitled to compensation. Chronic pain claims cover the suffering and loss of amenity caused by the condition, access to rehabilitation, and any related financial losses and expenses.

Experienced chronic pain solicitors are available to offer you a free consultation over the phone to verify whether you have a valid compensation claim. To arrange a case assessment, call free on 0800 032 3660 or request a call back.

What is chronic pain, and how is it treated?

Chronic pain is persistent pain that lasts for longer than three months despite medication or other types of treatment. It develops because the nerves send abnormal messages to the brain, even after the original injury has healed. It can be caused by:

  • An initial trauma or injury
  • Medical conditions like diabetes or cancer
  • Nerve damage
  • Inflammation, such as rheumatoid arthritis
  • Musculoskeletal issues like back or neck pain
  • Emotional or psychological factors like stress, anxiety and depression

Sometimes, chronic pain can develop without any history of an injury or evidence of damage to the body. The condition can affect people of all ages and all parts of the body. There are several ways to manage chronic pain, including:

  • Medication like over-the-counter pain relievers or prescription drugs like opioids or muscle relaxants
  • Physical therapy to improve strength, mobility and flexibility while reducing pain
  • Occupational therapy can help you adapt to daily life with chronic pain and reduce its impact on your functioning
  • Cognitive behavioural therapy can help change negative thought patterns and behaviours associated with pain
  • Lifestyle changes, such as maintaining a healthy diet and weight, exercise and sleep management
  • Alternative treatments like massages and meditation

In cases where you developed long-lasting pain due to someone else’s negligence, a solicitor can help you start a chronic pain claim for compensation.

Types of chronic pain conditions

Some common chronic pain conditions that may lead to a compensation claim include:

  • Fibromyalgia. Fibromyalgia causes widespread musculoskeletal pain, fatigue, and tenderness in specific body areas. It is considered a neurological disorder that affects how the brain processes pain signals.
  • Complex Regional Pain Syndrome (CRPS). CRPS is a rare condition that can develop after an injury or trauma. It results in acute pain, often in an arm or leg. It can also affect skin colour and temperature.
  • Chronic Fatigue Syndrome (CFS). CFS is characterised by severe, unexplained fatigue that is often accompanied by muscle and joint pain.
  • Temporomandibular Joint Disorder (TMJ). TMJ disorder results in chronic pain and dysfunction in the jaw joint and surrounding muscles.
  • Low back pain. Persistent pain in the lower back is one of the most common chronic pain conditions. It can result from various causes, including herniated discs, degenerative disc disease, spinal stenosis, or muscle and ligament strains.
  • Arthritis. Arthritis encompasses several conditions, such as osteoarthritis and rheumatoid arthritis, that cause chronic joint pain and inflammation.

If you suffer from chronic pain syndrome due to someone else’s negligence, you might be eligible to make a chronic pain compensation claim.

Long-term complications of chronic pain

Besides the physical suffering, chronic pain symptoms can lead to a series of other long-term complications and consequences, some of which include:

  • Sleep problems, including insomnia and poor sleep quality;
  • Chronic fatigue, low energy levels and irritability;
  • The constant discomfort and limitations can lead to mental health issues like depression and anxiety;
  • Decreased quality of life and limited ability to engage in activities you once enjoyed;
  • Reduced ability to engage in physical activities, which may lead to mobility issues, muscle atrophy and a decline in overall health;
  • Social withdrawal, feelings of isolation and loneliness;
  • Chronic pain can strain relationships with family, friends, and romantic partners;
  • Some individuals with symptoms of chronic pain may rely on pain medications for relief, which may lead to addiction and side effects;
  • Difficulty maintaining a job, which may lead to lost wages and reliance on disability benefits;
  • Financial losses and expenses for prescriptions, physical therapy and other private treatments;
  • It may lead to or worsen other health conditions, such as hypertension, obesity, or cardiovascular issues, due to reduced physical activity and changes in lifestyle;
  • Chronic pain can affect cognitive function, including memory, concentration, and decision-making abilities, which can impact daily functioning.

Your personal injury solicitor will ensure you can claim compensation for the various ways chronic pain has affected your life.

Can I make a chronic pain claim?

If you have developed a chronic pain condition following an accident, you may be entitled to compensation for your suffering. The best way to find out if you have a valid personal injury claim is through a free consultation with a chronic pain solicitor. They will be able to determine whether:

  • Another party owed you a legal duty of care
  • They breached this duty by acting negligently or recklessly
  • Their actions caused an accident or incident to occur
  • You developed a chronic injury as a result of that accident

Your solicitor will be able to establish a duty of care, so this is not something you should worry about. For example, your employer must ensure your health and safety at work. Similarly, business owners must take all reasonable measures to keep clients and visitors safe on their premises. They are legally bound by legislation such as the Health and Safety at Work etc Act 1974 and the Occupiers’ Liability Act 1957.

Once they have determined liability, your solicitor will help you gather evidence to support your case and contact the defendant to inform them of your claim. They will handle all the legal aspects of the claims process and work hard to negotiate the maximum possible compensation for chronic pain and your related financial losses.

Common causes of chronic pain claims

Chronic pain can be due to various accidents, injuries and illnesses. However, the most common situations that lead to a personal injury claim for chronic pain include:

  • Road traffic accidents. Chronic pain can result from the physical trauma sustained in road traffic accidents. Injuries to the neck, back, and limbs, such as whiplash or fractures, can lead to long-lasting pain. Nerve damage and psychological trauma are also potential sources of chronic pain after accidents on the road.
  • Workplace injuries. Work-related accidents, particularly those involving heavy machinery or repetitive motions, can have long-term effects. These may lead to conditions like repetitive strain injuries (RSI) or chronic back pain.
  • Slips, trips and falls. Accidents like slips and falls can cause chronic pain if they result in injuries such as fractures or back and head trauma. Conditions such as complex regional pain syndrome (CRPS) can develop as a result.
  • Military injuries. Military personnel are exposed to various physical and psychological traumas during their service. Combat injuries, exposure to explosives, and post-traumatic stress disorder (PTSD) are among the factors that can lead to chronic pain in the military.
  • Medical negligence. Errors by healthcare providers during surgeries, treatments, or diagnoses can result in a chronic pain disorder. This may be due to nerve damage during surgery, infections or poor treatment of fractures.
  • Criminal assaults. Victims of criminal assaults can suffer severe injuries that lead to chronic pain. These can include fractures, head injuries, or trauma-related disorders. The psychological impact of the assault can also contribute to long-term pain.

This list is not exhaustive, and many other accidents can lead to a chronic pain compensation claim. If you or a loved one suffered a chronic injury due to someone else’s negligence, you may be entitled to compensation, regardless of the circumstances.

What evidence do I need?

If you want to make a successful chronic pain claim on a no win no fee* basis, you need as much evidence as possible to show what caused your condition and who was to blame. You also need proof of all the losses and expenses you incurred due to your injury. This information could vary from case to case, but it will typically include:

  • Medical records from your GP or a hospital will prove the diagnosis of your chronic injury and the symptoms you are experiencing;
  • Statements from witnesses can be valuable if there are disputes over how the events occurred. If you have the name and contact details of any bystanders to your accident, you should pass them on to your solicitor;
  • Photographs or videos of the accident scene before anything is moved or repaired;
  • If you were injured at work or in a public place and you reported the incident to the responsible party, a copy of the accident logbook entry could be used as supporting evidence;
  • If your pain is due to your job, an occupational health report can prove the poor workplace conditions and practices you were exposed to;
  • Your notes about how the chronic pain has affected different aspects of your life;
  • Your solicitor will also need financial records of all the losses and expenses you incurred due to your condition.

To find out more about what you need to claim compensation, call 0800 032 3660 to speak to a legal adviser. Or, if you prefer, you can request a call back from one of the chronic pain solicitors we work with for a free case assessment.

Frequently asked questions

A chronic pain condition can be debilitating and affect various aspects of your life. If you want to know more about claiming for a chronic injury, we have answered some of the most common questions we received from claimants in the sections below.

How long do I have to start a chronic pain claim?

Under the Limitation Act 1980, you have three years to make a claim, starting from the original injury or the date your condition was diagnosed. If you miss the time limit, your case will become statute-barred, and the court will no longer accept it.

In claims involving children, a parent or legal guardian will have until their 18th birthday to claim on their behalf. Afterwards, they will have until they’re 21 years old to claim compensation for chronic pain injuries.

If a claimant cannot take legal action themselves, a litigation friend could start a chronic pain claim for them without being bound by a time limit.

How much chronic pain compensation could I receive?

If you decide to proceed with a claim, your personal injury solicitor will calculate your chronic pain compensation based on two types of loss:

  • Special damages cover the financial impact of your condition. These damages can cover losses and expenses such as lost wages, mobility aids, physical therapy, prescriptions and travel costs to medical appointments.
  • General damages are awarded for the chronic injury and its impact on your life. They may include the physical pain and suffering you’ve experienced, emotional distress, loss of enjoyment of life, and loss of amenities.

According to the Judicial College guidelines, how much compensation you are awarded may range between £21,070 and £38,490 for moderate pain and between £52,500 and £84,010 for severe Complex Regional Pain Syndrome.

How long will my claim for chronic pain take?

Each case is unique, so it is difficult to predict how long it may take to settle. That will depend on your circumstances and the progression of your condition. Chronic pain claims are typically more complex and tend to take longer than other personal injury claims. While some cases can conclude in a matter of months, others may take several years, especially if you have to go to court.

Will a solicitor offer me a No Win No Fee service?

The chronic pain solicitors we work with will offer you a 100% no win no fee service if your claim has merit. That means you do not have to pay upfront fees to get legal representation, and there is no financial risk to you. If you lose the case, you will not pay them a single penny.

The After the Event (ATE) insurance policy that is part of your agreement provides extra financial security. If your claim is unsuccessful, it will cover all the costs and disbursements you incurred, including the defendant’s solicitor and expenses.

Under a no win no fee agreement, you only pay anything if you get chronic pain compensation. Your deductions include the cost of the ATE premium and a success fee paid to your solicitor for winning the case. This will be no more than 25% of the compensation you are awarded.

To find out if you can start a no win no fee claim, call 0800 032 3660 for a free case assessment with a legal adviser. Alternatively, you can request a call back by entering your details into the claim form below.

* Personal injury claims are offered on a no win, no fee basis. If your claim is successful, your solicitor will receive up to 25% of your compensation as their success fee. Any additional costs, such as legal protection insurance, will be clearly explained to you by your solicitor before you decide to proceed with your claim. Termination fees may apply if you fail to cooperate with your solicitor. This includes deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing.