Depending on the nature and severity of a car accident, the collision can cause injuries ranging from minor cuts and scrapes to broken bones, traumatic brain injuries (TBIs), and organ damage. While many of these injuries heal with the proper medical care, others can cause chronic pain that lingers for weeks, months, or even years after the accident. This can impact your ability to work, enjoy time with family and friends, and get a good night’s sleep. It can also take a toll on your mental health if the chronic pain makes it difficult to regain control over your life. If you are suffering from chronic pain after a car accident, it is highly recommended that you contact an experienced car accident lawyer at your earliest convenience.
What Is Chronic Pain?
Chronic pain is defined as pain that persists for more than 3 months beyond the normal healing time. The pain may continue even after the original injury has healed. In the weeks following the car accident, acute pain – which fades as your body heals – can become chronic pain that affects your daily life. While some people suffer from severe pain every day, others experience mild discomfort that comes and goes. According to research funded by the National Institutes of Health (NIH), motor vehicle collisions can trigger chronic widespread pain in vulnerable individuals in the moments following the accident.
What Factors Contribute to Chronic Pain After a Car Accident?
The extreme impact of a car accident places a tremendous amount of force on the body. Even relatively low-speed accidents can cause injuries to the muscles, ligaments, joints, nerves, and the spine, which can cause chronic pain. While age, overall health, previous injuries, and the severity of the collision can affect the healing process, there are several factors that can lead to chronic pain after a car accident, including the following:
- Soft tissue damage
- Nerve injuries
- Joint injuries
- Herniated or bulging discs
- Inflammation that does not fully resolve
- Scar tissue formation
- Changes in the nervous system that make the body more sensitive to pain
What Injuries Are More Likely to Cause Chronic Pain?
Certain injuries, such as cuts, lacerations, and even broken bones, generally do not cause chronic pain once the injury has healed. However, other common car accident injuries have the potential to cause long-term chronic pain, including the following:
- Whiplash: This occurs when the neck suddenly snaps back and forth from the impact of the collision. While many people recover within a few weeks, others experience chronic neck pain, headaches, shoulder pain, stiffness, reduced range of motion, and ongoing neck problems that make it difficult to work or perform everyday activities.
- Back injuries: If the impact of a car accident causes damage to the muscles, ligaments, spinal discs, vertebrae, or nerves, this can be a source of chronic pain. If there is nerve compression or spinal damage, lower back pain can persist for months, or even years.
- Herniated discs: The extreme force of impact can cause spinal discs to bulge or rupture. When a herniated disc presses against nearby nerves, it can cause sharp pain, numbness, tingling, muscle weakness, and pain that travels to the arms or legs.
- Nerve damage: The impact of a car accident can stretch, compress, or damage nerves. Nerve damage can also take longer to heal than injuries to muscles or other tissues. Common symptoms of nerve injuries include pain, burning, and numbness that can last for months or more after the accident.
- Joint injuries: Shoulders, knees, hips, and wrist joints often absorb a significant amount of force during a car accident. This can lead to chronic pain, particularly if arthritis develops earlier as a result of the injury.
How Does Chronic Pain Impact the Value of a Personal Injury Claim?
If you intend to file a personal injury claim and you are suffering from chronic pain, this will likely increase the overall impact of the injury because it will take much longer to recover. A dedicated personal injury lawyer will determine the full scope of your injuries, including the long-term effects of your chronic pain, and pursue the maximum damages you are entitled to, including the following:
- Medical expenses
- Future medical treatment
- Lost income
- Loss of future earnings capacity
- Pain and suffering
- Home modifications and assistive devices
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
How Do Insurance Companies Try to Deny Damages for Chronic Pain?
Insurance companies use a range of tactics to avoid paying a large settlement for injuries caused by a car accident. They may question the cause of the chronic pain, particularly since it is not something that can be seen on an X-ray or MRI. The following are things that insurance companies may question in an attempt to deny damages:
- Whether the accident caused the chronic pain.
- Whether a previous condition is responsible for the chronic pain.
- Whether the victim has fully recovered.
- Whether additional treatment is necessary.
How Do I Prove Chronic Pain in a Virginia Personal Injury Claim?
If you are suffering from chronic pain after a car accident, it can be challenging to prove that the chronic pain is directly related to the car accident. Oftentimes, insurance companies will downplay the severity of your condition, or argue that you are exaggerating the severity of the pain. For you to have a successful claim, you must be able to build a well-documented case backed by the following evidence:
- Medical Records: Detailed medical records are crucial to any personal injury claim, including those that involve chronic pain. Records should include:
- Initial diagnosis after the accident.
- Recommended treatment plans, including physical therapy or pain management.
- Evidence of ongoing symptoms and progress reports from physicians.
- Specialist Evaluations: Detailed reports from neurologists, orthopedists, or pain management doctors can provide valuable insight into the nature and severity of your injury and the chronic pain you are experiencing. Expert opinions often carry significant weight and are extremely helpful in proving chronic pain.
- Imaging and Diagnostic Tests: Chronic pain cannot be detected on X-rays, MRIs, or CT scans, but these tests can diagnose an underlying cause of pain, like a herniated disc, nerve damage, or arthritis.
- Personal Diary: It is highly recommended that you keep a journal that describes the intensity of your pain, activities that trigger it, and how it limits you from being able to work, spend time with family, and function normally.
- Prescription and Treatment Records: Keep copies of all prescribed pain medications, physical therapy, and other treatments, and the efforts you are taking to manage your pain.
How Does Virginia’s Contributory Negligence Rule Impact My Claim?
Virginia is one of the few states that follow the strict contributory negligence rule, which provides that an injured person who is found to be even 1% at fault may be barred from recovering any damages. This rule can have a significant impact on your personal injury claim if the insurance company can demonstrate that you are even slightly at fault. The expenses associated with chronic pain, including the costs to treat it, the financial impact of lost wages, and other losses resulting from the chronic pain, can accumulate very quickly.
As a car accident victim in Virginia, you must be able to prove that the other driver was negligent and responsible for causing the accident. A dedicated car accident lawyer will ensure that the negligent party is held liable for their actions and that you recover the maximum damages to which you are entitled.
Do I Need to Hire a Car Accident Lawyer for a Personal Injury Claim Involving Chronic Pain?
While not every car accident requires legal representation, particularly if there are no injuries involved, it is in your best interest to hire a personal injury lawyer if you were injured and are suffering from chronic pain following the accident. A highly skilled personal injury lawyer will be able to protect you from any allegations of shared fault, which would prevent you from recovering any damages.
In addition, a dedicated lawyer will work closely with you to help navigate the claim process and ensure that your claim is filed well before the statute of limitations expires. In Virginia, you have two years from the date of the accident to file a personal injury claim. This means that your claim must be filed within this timeframe, even if your chronic pain symptoms appear later. Your personal injury lawyer will negotiate the maximum damages you are entitled to, including those related to chronic pain.
Virginia Beach Car Accident Lawyers at Anchor Legal ®Pursue Maximum Damages for Chronic Pain
If you were injured in a car accident and you are suffering from chronic pain, do not hesitate to contact our Virginia Beach car accident lawyers at Anchor Legal. We will thoroughly review the details of your case, determine who is responsible for causing the accident, and ensure that you recover the damages you are entitled to, including compensation for chronic pain. To schedule a free consultation, call us today at 757-LAW-0000 or contact us online. We are located in Virginia Beach.