Chronic Pain
The Supreme Court of Canada has pronounced on chronic pain and the persistent prejudice against its sufferers in the landmark decision Nova Scotia v. Martin:
“There is no authoritative definition of chronic pain. It is, however, generally considered to be pain that persists beyond the normal healing time for the underlying injury or is disproportionate to such injury, and whose existence is not supported by objective findings at the site of the injury under current medical techniques. Despite this lack of objective findings, there is no doubt that chronic pain patients are suffering and in distress, and that the disability they experience is real. ...Despite this reality, since chronic pain sufferers are impaired by a condition that cannot be supported by objective findings, they have been subjected to persistent suspicions of malingering on the part of employers, compensation officials and even physicians. ”
Chronic pain may come from broken bones, brain injury, or simple back and neck soft-tissue injuries without any visible or objective signs. The suffering can be devastating. Proving a winning case can be very challenging. But do not be discouraged, it is not impossible to win. In fact, a skilled lawyer can have a good prediction of your chances once an extensive amount of investigation has been completed.
If you are an honest person and you know your suffering is real, you can have a good chance of winning your case. Winning chronic pain cases is not routine, and this is how you may have the best chance of winning a good verdict: your lawyer will have to turn over every stone and every piece of medical records, to pull together using charts and graphic illustrations of your suffering and your activities including treatment, medications from both before and after the accident. The lawyer will need to gather evidence from friends, family members, co-workers, show pictures of you before the accident, how active at work or volunteer activities you were, etc... The full picture of how you were before and after the accident may add up to be the determining factor of whether you will win your case or not.
The Supreme Court of Canada has pronounced on chronic pain and the persistent prejudice against its sufferers in the landmark decision Nova Scotia v. Martin:
“There is no authoritative definition of chronic pain. It is, however, generally considered to be pain that persists beyond the normal healing time for the underlying injury or is disproportionate to such injury, and whose existence is not supported by objective findings at the site of the injury under current medical techniques. Despite this lack of objective findings, there is no doubt that chronic pain patients are suffering and in distress, and that the disability they experience is real. ...Despite this reality, since chronic pain sufferers are impaired by a condition that cannot be supported by objective findings, they have been subjected to persistent suspicions of malingering on the part of employers, compensation officials and even physicians. ”
Chronic pain may come from broken bones, brain injury, or simple back and neck soft-tissue injuries without any visible or objective signs. The suffering can be devastating. Proving a winning case can be very challenging. But do not be discouraged, it is not impossible to win. In fact, a skilled lawyer can have a good prediction of your chances once an extensive amount of investigation has been completed.
If you are an honest person and you know your suffering is real, you can have a good chance of winning your case. Winning chronic pain cases is not routine, and this is how you may have the best chance of winning a good verdict: your lawyer will have to turn over every stone and every piece of medical records, to pull together using charts and graphic illustrations of your suffering and your activities including treatment, medications from both before and after the accident. The lawyer will need to gather evidence from friends, family members, co-workers, show pictures of you before the accident, how active at work or volunteer activities you were, etc... The full picture of how you were before and after the accident may add up to be the determining factor of whether you will win your case or not.