Living with Chronic Pain after a Virginia Car Crash

Living with Chronic Pain after a Virginia Car Crash

Your life can change in an instant after a car crash. While the physical wounds might heal, the effects of chronic pain might linger on and continue to be a constant reminder of that traumatic moment. Everyday activities that once seemed effortless – like walking, sitting for extended periods, or even sleeping – can become a challenge. Beyond the physical toll, chronic pain often brings emotional distress and financial strain, which can make it harder for you to regain control over your life.

Common Car Accident Injuries That Can Lead to Chronic Pain

Whiplash 

A whiplash injury occurs when your neck is forcibly jolted back and forth in a collision. It can strain your muscles, ligaments, and nerves and lead to chronic neck pain that can persist for months or even years.

Spinal Injuries

Damage to the spine, including herniated discs or nerve impingement, is a frequent outcome of car crashes. These injuries can cause persistent back pain, sciatica, and limited mobility, all of which can significantly impact your quality of life.

Traumatic Brain Injuries (TBIs)

Even a mild TBI, such as a concussion, can result in long-term symptoms like headaches, dizziness, and neuropathic pain. Severe TBIs can lead to chronic pain syndromes that can affect your entire body.

Fractures and Broken Bones

Bone fractures can lead to complications such as arthritis or nerve damage, resulting in chronic pain in the affected area.

Soft Tissue Injuries

Torn ligaments, tendons, and muscle injuries are common in car accidents. These injuries can lead to chronic pain conditions like myofascial pain syndrome or fibromyalgia.

What Kind of Evidence Is Needed to Prove Chronic Pain in a Virginia Personal Injury Claim?

Proving chronic pain in a personal injury claim can be difficult, as it is often subjective and can be difficult to quantify or prove. It can lead insurance companies to downplay the severity of your condition and label it as exaggerated or unsupported. In order to counter these tactics, it is important to build a well-documented case backed by diverse range of evidence. These include: 

Medical Records

Detailed medical records are the cornerstone of any personal injury claim, particularly those involving chronic pain. These should include:

  • Initial diagnoses after the accident.
  • Treatment plans such as physical therapy or pain management.
  • Evidence of ongoing symptoms, including progress notes from physicians.

Specialist Evaluations

Reports from specialists such as neurologists, orthopedists, or pain management doctors can provide authoritative insights into the nature and severity of your condition. Their expert opinion carries significant weight and can be helpful in proving the intensity and extent of your condition.

Imaging and Diagnostic Tests

While chronic pain and other related conditions do not show up on X-rays or MRIs, these tests can reveal underlying causes such as herniated discs, nerve damage, or arthritis. Advanced tests like EMGs (electromyography) can also confirm nerve-related pain.

Personal Journal or Pain Diary

Keeping a detailed log of your daily pain levels and how they affect your day-to-day activities can provide a firsthand account of how chronic pain impacts your life and can be useful in substantiating your claim. 

Testimony from Friends and Family

Statements from those close to you can demonstrate how your condition has changed your behavior, mood, and ability to participate in normal activities. Their observations can humanize your experience and provide context for your suffering.

Employment Records

If your chronic pain has affected your ability to work, employment records can show missed workdays, reduced productivity, and modified duties, which can support your claim for lost earnings and any loss in your future earning capacity.

Expert Witness Testimony

Expert witnesses such as vocational experts and life care planners can explain how chronic pain affects your ability to work or live independently. Their testimony can help quantify future damages like lost earning capacity or long-term care costs.

Prescription and Treatment Records

Documentation of prescribed pain medications, physical therapy, and other treatments can highlight how persistent your condition is and what kind of efforts you are taking to manage it.

Importance of Expert Testimony in a Chronic Pain Claim

Chronic pain is often challenging to prove due to its subjective nature. It can be difficult to demonstrate the severity and legitimacy of your condition based on medical records alone. It is one of the reasons why insurance companies tend to deliberately undermine and undervalue these claims. To counter these underhanded tactics, expert testimony is necessary. Experts who can testify in chronic pain cases include:

Pain Management Doctors 

Pain management doctors can explain the nature and extent of your chronic pain and detail how it affects your daily life and long-term prognosis.

Neurologists 

If your pain is caused by nerve damage or other neurological issues, neurologists can explain the nature and severity of the underlying problem and the link between the problem and your pain. 

Orthopedic Surgeons 

If your pain is caused by musculoskeletal injuries, orthopedic surgeons can explain how the injuries contribute to your pain.

Psychologists and psychiatrists 

Chronic pain can affect you mentally and lead to disorders like depression or anxiety. Mental health experts like psychologists and psychiatrists can explain the nature of your mental health disorder, how it is linked to your pain, and how it affects various aspects of your life. 

Vocational Experts 

Vocational experts can assess how your chronic pain impacts your ability to work and earn a living and calculate the amount of earnings you stand to lose in the long term due to your condition. 

The aforementioned expert witnesses can explain the complex mechanisms behind your chronic pain in an easy-to-understand manner. Their opinion can help insurance adjusters understand the severity of your pain and its impact on your life. Expert testimony can be particularly valuable if your case goes to court, as clear, credible explanations of your condition can convince the jury or judge and significantly increase your chances of getting the settlement you deserve. 

Compensation for Chronic Pain Resulting from a Car Accident in Virginia

Medical Expenses

You can seek compensation for the medical treatment required to address your chronic pain, which can include:

  • Hospital visits and surgeries
  • Pain management treatments 
  • Prescription medications 
  • Ongoing doctor’s appointments and specialist consultations
  • Physical and occupational therapy
  • Future medical care for chronic pain management

Lost Wages

Chronic pain can prevent you from working at full capacity, as a result of which you might have to switch to a less demanding and often lesser-paying job. In some cases, depending on the severity of your condition, you might not be able to return to work at all.  Compensation for lost wages is meant to cover the income you have lost due to your inability to work as well as any loss in your future earning capacity. 

Pain and Suffering

Pain and suffering are non-economic damages that compensate for the physical pain, emotional distress, and diminished quality of life caused by chronic pain. This can include:

  • Ongoing discomfort or disability
  • Emotional distress, such as anxiety or depression caused by the pain
  • Loss of enjoyment in life, including hobbies, social activities, and intimacy

Home Modifications and Assistive Devices

In some cases, depending on how severe your pain is, you might need modifications such as ramps, lifts, or specialized furniture to accommodate your condition. You might also need assistive devices like braces, mobility aids, or specialized seating arrangements. These costs can be factored into your compensation claim.

Loss of Consortium Resulting from Chronic Pain

Chronic pain does not just impact you on a personal level. It can also profoundly affect your relationships, particularly with your spouse or partner. The effects of chronic pain can manifest in various ways including: 

  • Physical Inability to be Intimate: Chronic pain caused by back or neck injuries or nerve damage can make sexual activity physically unbearable.
  • Reduced or Lost Sex Drive: The emotional burden of persistent pain, combined with depression or anxiety, can lead to a significant decline in sex drive.
  • Emotional Distance: Chronic pain can make it challenging to participate in shared activities with your spouse or provide emotional support to them, which can lead to feelings of isolation for both of you.

Struggling with Chronic Pain after a Car Crash? The Pack Law Group Can Help You Get the Compensation You Deserve!

If you are suffering from chronic pain following a car accident, you deserve more than just legal representation – you deserve a team that treats you like family. At the Pack Law Group, we understand the profound impact chronic pain can have on your life and we are committed to helping you get the compensation you deserve for your pain and suffering, medical expenses, lost wages, and more. 

Our dedicated attorneys will go above and beyond to ensure you receive the maximum compensation possible. Let us handle the legal complexities while you focus on your recovery. Call the Pack Law Group today at 540-586-7225 or get in touch with us online for a free consultation and take the first step toward getting the justice and compensation you need.

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