Car crashes, slip and falls, workplace incidents, and many other types of accidents can happen anytime and anywhere. These incidents can cause serious injuries that result in long-lasting symptoms and complications. If you were involved in an accident and are now suffering from chronic pain, it is important to understand your rights regarding legal action and compensation. To learn more and secure skilled legal representation, reach out to an experienced Middlesex County personal injury attorney today.
What’s Chronic Pain?
Chronic pain is physical pain that lasts for at least 12 weeks. The pain could be constant and felt at all times, or come and go in waves depending on the individual and the issue causing the pain. Physical pain is the body’s way of signaling that something is wrong. However, if the pain persists once an injury has healed, it could be considered chronic pain.
Chronic pain is very common, affecting tens of millions of people in the United States every year. After being involved in an accident, people generally think about acute pain, which is temporary and often associated with the presence of a specific injury or illness. However, chronic pain persists for months or even years.
When Can I Recover Compensation for Chronic Pain in NJ?
Chronic pain can result from a variety of issues like car accidents, slip and fall incidents, workplace injuries, medical malpractice, repetitive stress injuries, and more. Other times, specific conditions cause the pain, like CRPS (Complex Regional Pain Syndrome), fibromyalgia, or arthritis.
If your chronic pain is a symptom of an injury caused by the actions or negligence of another party, you can generally recover compensation. Courts recognize chronic pain as a legitimate condition, and it can be included in non-economic damages or be the basis of a personal injury claim. However, it is important to understand that in order to recover compensation, you must be able to prove that the other party was at fault.
How Can I Recover Compensation?
To recover compensation for your chronic pain, you need to pursue a personal injury claim or lawsuit. Your claim will generally be based on the other party’s negligence. To win, you must prove the four elements of negligence and establish that the other party was liable for the accident and your injury.
- Duty of care: The defendant had a legal obligation and owed you a duty of care to act in a way that would not cause harm to others
- Breach of duty: The defendant breached this duty by failing to uphold the standard through their actions or inaction
- Causation: The defendant’s breach of duty directly caused the accident and your injury
- Damages: You suffered actual harm or losses as a result
If you can provide evidence demonstrating all of these elements, you may be able to recover compensation for all economic and non-economic losses associated with the accident, including your chronic pain.
To learn more, reach out to an experienced personal injury attorney today.
