How Much Can I Claim For Suffering Chronic Pain?
By Cat Way. Last Updated 20th July 2023. Chronic pain affects as much as between a third and a half of the adult population of the UK, an enormous 28 million people. As such, it is a huge problem for millions of people across the country. The HSCIC (Health & Social Care Information Centre) defines chronic pain
Chronic Pain Compensation
as long-term discomfort or pain which lasts for more than 12 weeks. Chronic pain is pain which is not relieved when the cause is treated, or when specific pain relief is applied. Chronic pain does not have to be severe, and many cases of it can involve a milder but almost constant type of pain.
Chronic Pain Compensation Claims Explained
Physical symptoms of chronic pain can include tense muscles and limited mobility, reduced appetite and limited mobility. Chronic pain can also cause psychological symptoms such as depression, anger and anxiety. The combination of these psychical and emotional symptoms can have a profound effect on a person’s day-to-day life and their ability to work or perform other activities.
Select A Section
- What Is Chronic Pain?
- What Are The Causes Of Chronic Pain?
- Can I Claim Compensation For Chronic Pain?
- A Guide To Working With A No Win No Fee Chronic Pain Solicitor
- Pain and Suffering Settlement Examples In The UK
- More Examples Of Chronic Pain Compensation Amounts
- Claiming For Shronic Pain With A No Win No Fee Solicitor
- Useful Links
What Is Chronic Pain?
Chronic pain is an umbrella term which can refer to a variety of different medical conditions causing a patient to experience either constant or long-term recurring pain. Chronic pain can be caused by an initial trauma or injury. It can also be caused by an infection. Chronic pain can also occur without any evidence of injury, trauma or evidence of damage to the body. Below are some of the main causes of chronic pain.
- RSD or Reflex Sympathetic Dystrophy Syndrome. Also commonly known as Complex Regional Pain Syndrome, this is a serious pain disorder which is caused by the nervous system malfunctioning, leading to chronic pain. This can be caused by things such as broken bones and damage to the nerves, soft tissue, sprains, slips and even bruising. This type of chronic pain often presents several months after the original accident or injury. It can often be difficult to diagnose correctly.
- Fibromyalgia. This has a number of symptoms which can often present in a different way in different people. Symptoms include widespread pain and/or extreme sensitivity to pain across the whole body. Fibromyalgia can occur spontaneously, or be caused by a trauma.
- Myofascial pain. This affects your soft tissues and can involve a single muscle or be across a whole muscle group. Its symptoms include pain, muscle spasm and tenderness. It is usually caused by a strain injury to a muscle or to the supporting tendons or ligament.
What Are The Causes Of Chronic Pain?
Chronic pain can be caused by a specific injury or trauma which has healed. This could be an injury, surgical wound or even the site of an infection. Pain signals can stay active within your nervous system for several months after an initial injury. At other times, there is no apparent cause of the chronic pain and no damage to the surrounding tissues. Some of the leading causes of chronic pain include lower back pain, arthritis and even headaches. Today doctors acknowledge that chronic pain can often require its own, specialised, treatment regime.
Can I Claim Compensation For Chronic Pain?
Suffering from chronic pain can be a stressful experience for many people and it is commonly associated with other effects such as depression, a lower quality of life, impaired bodily function and even job losses in some cases.
At Legal Expert, we help people suffering from chronic pain to get the compensation they deserve, such as by bringing a fibromyalgia claim. If you have chronic pain caused by a workplace accident or injury, a road traffic accident or a slip, trip or fall, we may be able to bring a claim for chronic pain on your behalf. Due to the different causes of chronic pain, and the resulting effects, chronic pain claims cases can be very complex and require specialist assessment.
Chronic Pain Claim – How Long Do I Have?
If you wish to claim chronic pain compensation amounts, the Limitation Act 1980 states that you have 3 years from the date of the injury to begin the process.
In some instances, chronic pain compensation may still be claimed after 3 years. For example, you could use the date of knowledge as the start of your time limit. This is the date you become aware that your injuries were caused by negligence. You will need to support this date with evidence such as a medical report detailing the date of your diagnosis.
The time limit is suspended completely for claimants under 18. However, it begins once they reach adulthood. Before this date, a litigation friend must be appointed to claim on behalf of the child.
A litigation friend must also be appointed if a claim is to be made on behalf of a claimant with reduced mental capacity. The time limit is suspended in these cases too. It would begin should the injured party recover to a point where they’re deemed capable of making their own claim.
Get in touch if you need any advice, and to find out if we could connect you with one of our chronic pain solicitors.
A Guide To Working With A No Win No Fee Chronic Pain Solicitor
A No Win No Fee solicitor could help you during the chronic pain claims process. They’ll be able to gather supporting evidence and use their experience to cover all bases of your claim. If they offer you a type of No Win No Fee agreement known as a Conditional Fee Agreement, they usually don’t ask for any upfront fees whilst ongoing legal costs are covered too.
If your claim is unsuccessful, you aren’t responsible for paying your solicitor for their work. If your claim is successful, your solicitor will take a success fee from your compensation for chronic pain. However, as the Conditional Fee Agreements Order 2013 limits the fee they take from your chronic pain compensation, you can’t be overcharged.
If you would like to work with one of our expert solicitors, they could offer you their services under a No Win No Fee arrangement. Speak to our advisors and they can arrange a free consultation, where they’ll discuss your case and let you know about how to connect with our personal injury solicitors.
Pain And Suffering Settlement Examples In The UK
If your chronic pain is the result of a liable party’s negligence, you may be interested in learning more about pain and suffering settlement examples in the UK. As each claim is different, we can’t discuss exact chronic pain compensation amounts. However, we can show you how compensation could be calculated.
To compensate for pain and suffering, general damages is paid out in a successful claim. To help assign a value to this amount, legal professionals use a document titled the Judicial College Guidelines (JCG) from Judiciary UK. It contains a listing of injuries, including chronic pain conditions, with compensation brackets for claims made in England and Wales.
In addition to general damages, special damages are awarded in some claims. We examine special damages in more detail shortly.
General Damages
In our table, we’ve provided examples from the latest update of the JCG for chronic pain. As we discussed above, each claim is different. Therefore these figures are not representative of what you will receive.
| Injury Type | Compensation Bracket | Notes |
|---|---|---|
| Severe Complex Regional Pain Syndrome (a) | £52,500 to £84,010 | A poor prognosis and inability to work, with significant care or domestic help needs. |
| Moderate CRPS (b) | £28,030 to £52,500 | Some return to work in the future, and only modest care requirements. |
| Other Pain Disorders (a) | £42,130 to £62,990 | Significant persisting symptoms despite ongoing treatment. |
| Other Pain Disorders (b) | £21,070 to £38,490 | Cases with a full or near full recovery, or where the inability to work is less marked. |
| Moderately Severe Psychiatric Damage (b) | £19,070 to £54,830 | While the prognosis may be optimistic, there are still marked problems coping with work, life, and education. |
| Less Severe Psychiatric Damage (d) | £1,540 to £5,860 | Consideration given to period of disability and continuing symptoms such as inability to sleep or specific phobias. |
To learn more about chronic pain compensation or for help using our compensation calculator, please get in touch with our advisors.
More Examples Of Chronic Pain Compensation Amounts
The figures in the table above are known as general damages. This is the amount that’s awarded to you to account for your physical injuries, but also the psychological suffering you may experience as a result.
If you make a claim for chronic pain, compensation settlements can also include amounts other than general damages. For instance, there is also the matter of special damages. These are expenses, costs, and losses that you have experienced that can be directly attributed to your injuries. Special damages for a chronic pain claim can include:
Medical bills – For example, painkillers and other costs that can assist with your recovery.
Loss of earnings – This can include wages you’ve lost due to being unable to work during your recovery. If you never recover, then chronic pain solicitors can make a calculation to see how much you may have earned up until retirement. This amount may then be awarded to
Damage to property – The incident that caused your injury may also have resulted in your personal property being damaged or destroyed. If so, the cost of the repairs can be included in special damages.
Reach out to us today if you have any additional questions on what else could be included in your final settlement amount.
Claiming For Chronic Pain With A No Win No Fee Solicitor
Starting a chronic pain compensation claim can seem complex, and you may not know where to start, but one of our solicitors may be able to help. With years of experience in personal injury law, our expert solicitors offer their services through a kind of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
This kind of contract means that your solicitor will begin work on your claim without taking a fee for their services, nor will they take a service fee during the process of your claim. If your claim fails, then your solicitor won’t expect payment for the work they have provided.
However, if your chronic pain claim succeeds, then they will take a success fee. This fee is a small percentage of your compensation which has a legislative cap, ensuring that you keep the larger share of what you are awarded.
There are many benefits associated with working with a solicitor on your claim. For example, a solicitor can make sure all areas of your claim are properly assessed, and they could also help you gather evidence to strengthen your claim.
To find out if you could be eligible to work with one of our solicitors, get in touch with our team of helpful advisors today:
- Call us on 0800 073 8804
- Use the live chat feature
- Contact us online
Useful Links
The NHS guide to chronic pain
Learn more about chronic pain and how to best manage the symptoms.
Workplace accident claims
Making claims for accidents in the workplace with Legal Expert.
