April 21, 2023 - 

John McMullin, Associate Lawyer, LETOURNEAU LLP

PERSONAL INJURY AND CHRONIC PAIN

Chronic pain is an unfortunate reality for many victims of motor vehicle accidents. One University of North Carolina study found that 22% of individuals had chronic widespread pain (chronic pain in multiple, specific areas of the body) one year after the accident. A Journal of Psychosomatic Research study found that 44% of individuals had chronic pain after a motor vehicle or other severe injury 3 years post-accident.

In this blog post we’ll talk about what Chronic pain is, and how it affects your legal case.

What is Chronic Pain?

Chronic pain is pain that lasts for a significant amount of time – according to Johns Hopkins Medicine, over three months. It can eventually lead to chronic pain syndrome, where “people have symptoms beyond pain alone, like depression and anxiety, which interfere with their daily lives.”

Depression, anxiety, PTSD, and pain can interact and increase one another, which is one reason why we work with clients at LETOURNEAU LLP to make sure you’re treating psychological injuries from the accident as well physical ones. Treatment for chronic pain can include medication, stress reduction, sleep aids, physiotherapy, and counselling.

What Have Alberta Judges Said About Chronic Pain?

The law recognizes that chronic pain is a serious condition that deserves monetary compensation; our Alberta Court of Appeal has found that chronic pain is not a minor injury. Chronic pain can be one of many injuries, but even chronic pain alone has lead to significant personal injury awards.

In Jones v Stepanenko, 2016 ABQB 295, the plaintiff, Ms. Jones, was a 19 year-old nursing student at the time of the accident. She was rear-ended at speed, resulting in, “the collision [pushing] her car in the car ahead of her… the back end [of the Plaintiff’s car] was completely pushed in to the point that the trunk was virtually gone…. The back window was smashed into a million smithereens.”

Ms. Jones had to become an addictions counselor because she was limited in what she could do physically, and wound up treating for over seven years before trial.

The Court found that Ms. Jones had developed fibromyalgia because of the accident. She was awarded $80,000.00 for pain and suffering damages and $282,683.65 in total.

In Mason v Thompson, 2020 ABQB 76, the Plaintiff, Mr. Mason, was a very successful Realtor who suffered from chronic pain syndrome made worse by depression such that he quit his work as a Realtor. Mr. Mason then went on a quest to find something that would help him. He had needles stuck in him by his physiotherapist. He was injected with nerve blocking drugs and solutions designed to irritate his body (prolotherapy). Mr. Mason’s doctors selectively destroyed certain nerve cells to try and reduce his pain, and his spine was surgically fused, all on top of medication and physiotherapy.

It didn’t work. Mr. Mason shut down. He slept 4 to 5 hours a night and continued to have pain, depression, and anxiety to trial.

While the Court believed Mr. Mason should have continued working somewhat, he received $165,000.00 for pain and suffering, including housekeeping, and $700,000.00 in total damages.

We deal with chronic pain cases regularly at LETOURNEAU LLP. It’s a difficult diagnosis, especially when there appears to be no identifiable cause. We can leverage our network of experts for treatment, diagnosis, and quantification of your injuries. Let us help you find the solutions and the compensation that you deserve.

If you have been in an accident, it's a great idea to speak to a personal injury lawyer about your rights and responsibilities. Contact LETOURNEAU LLP at 403-329-4311 to set up a free consultation for any accident-related injury.

Learn more about John McMullin, our Lethbridge Personal Injury Lawyer.

Learn more about Personal Injury Law.

This article is for information purposes only and does not constitute legal advice.