Chronic Pain

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Some symptoms after an injury are visible, while others can only be felt by the person affected. Pain is one such symptom. Sensory receptors all over our bodies work with our nervous system to send signals to the brain indicating discomfort, which is then processed into feelings of an ache, sting, or strain.¹ Injuries cause pain when they first happen, and that pain will likely continue until you have fully recovered. However, this sensation does not always stop.

Those who suffer from chronic pain know it is an ongoing struggle long after the initial injury has improved. Most medical professionals agree that acute (short-term) pain becomes chronic after a period of six months.

The Impact of Chronic Pain

Living with this disability means that completing everyday tasks might feel nearly impossible. You could be frustrated due to your symptoms limiting your capabilities. Even finding a voice can be disheartening if people shrug off your concern, although it is clear that the pain is impacting your quality of life.

Chronic Fatigue

Fatigue can also negatively influence aspects of your day-to-day life, causing you to tire from simple activities and/or never quite feel like yourself when it comes to things you used to be able to do easily. With chronic fatigue, Symptoms are multi-faceted and present for more than six months.² It is estimated that chronic fatigue impacts more than 500,000 Canadians.

How We Can Help

In our experience, it is common for these illnesses, which often arise as a direct result of an injury caused by someone else’s negligence, to be easily dismissed by family, friends, and insurance adjusters as “all in your head.”

At Bergeron Clifford, we understand the turmoil that unrelenting soreness can cause. Our chronic pain lawyers can help support your claim for compensation, ensuring the court is aware of the continuous negative impacts on all areas of your life.

The Challenges of Chronic Pain

Living with chronic pain often comes with more than physical symptoms. It can also cause various social and emotional challenges. These may be difficult to communicate, despite the nearly 8,000,000 Canadians who live with this condition.³ While various therapies and pharmaceutical options are available, speaking to your primary healthcare provider is paramount to ensure you are on a path that helps you feel some semblance of yourself again. Similarly, injuries that cause increased fatigue can be difficult to measure medically. In either case, you may cause yourself further harm because you choose to ignore the pain, pushing through it so that your life can return to normal. It is important that you continue to monitor and record your symptoms so doctors can fully understand your struggles.

The Unfair Stigma

There is a harsh stigma that comes with chronic pain and fatigue, most notably when you are seeking compensation. Without what many consider concrete evidence from medical tests, people can be dismissive and assume you are faking it for sympathy. They might think you are trying to avoid working so you can secure a settlement and “do nothing all day.” You might feel shameful for bringing up your condition or could even second guess what your body is telling you because no one seems to believe what you are going through.

Do not give in to these feelings, and continue to push for a proper diagnosis. If something feels wrong, it very likely could be a real issue that needs to be resolved.

Hiring a Chronic Injury Lawyer

In Ontario, the law is more concerned with impairments to your life than the details of the actual injury. This means that if your chronic pain or fatigue causes you suffering, you have a qualifying claim.

At Bergeron Clifford, we have years of experience working with medical professionals who can help prove your case for fair compensation. It is important that you are candid about the ways your specific illness has affected your life, including your earning potential, emotional duress, physical struggles, and other factors. Contact us to learn more about how our chronic pain lawyers can help.

Frequently Asked Questions

If you suspect your chronic pain or fatigue is linked to a previous accident or injury, we advise you to seek medical attention promptly. Document your symptoms and treatments, and gather relevant evidence, such as medical records and incident reports. From here, we recommend contacting our firm as soon as possible. Our experienced lawyers can guide you through the process, ensuring your rights are protected.

Can I make a claim for compensation if my chronic pain or fatigue stems from a previous accident or injury?

Yes, you have the right to seek compensation if your chronic pain or fatigue is a result of a past accident or injury. Since chronic pain and fatigue tend to be diagnosed after a period of six months, it is common for a previous injury to be the result of these claims.

Our firm specializes in handling such cases, and we understand the complexities involved. Contact us today for a free consultation to discuss your legal options.

How long do I have to file a claim for chronic pain or fatigue?

The statute of limitations for filing a claim varies depending on your location and the specifics of your case. It is crucial to act promptly to ensure you do not miss any deadlines. Contact our firm as soon as possible, and we’ll guide you through the process, ensuring your claim is filed within the required timeframe.

What types of compensation can I pursue for chronic pain or fatigue caused by an injury?

You may be entitled to various types of compensation, including punitive and non-punitive damages. These cover medical expenses, lost wages, pain and suffering, and more. Our experienced team will assess your case and determine the types of compensation you can pursue.

How can a personal injury lawyer help me navigate the legal process for claiming compensation for chronic pain or fatigue?

Our personal injury lawyers are here to guide you through every step of the legal process. From gathering evidence to negotiating with insurance companies and representing you in court if necessary, we’ll handle all aspects of your case with skill and compassion. You can rely on our expertise and dedication to help you navigate the complexities of the legal system and achieve the best possible outcome for your case.

1.Institute of Medicine (US) Committee on Pain, Disability, Marian Osterweis, Arthur Kleinman, and David Mechanic. 1987. The Anatomy and Physiology of Pain. Www.ncbi.nlm.nih.gov. National Academies Press (US). https://www.ncbi.nlm.nih.gov/books/NBK219252/#.

2.Sapra, Amit, and Priyanka Bhandari. 2020. “Chronic Fatigue Syndrome.” PubMed. Treasure Island (FL): StatPearls Publishing. 2020. https://www.ncbi.nlm.nih.gov/books/NBK557676/.

3.Canada, Public Health Agency of 2023. “About Chronic Pain.” Www.canada.ca. November 6, 2023. https://www.canada.ca/en/public-health/services/diseases/chronic-pain/about-chronic-pain.html.

Contact Bergeron | Clifford LLP

If you suffer from chronic pain or fatigue, contact us at 866-384-5886 or fill out our online form. We can meet you at any of our office locations, including Kingston, Ottawa, Whitby, Carleton Place, Perth, or wherever is most convenient for you.

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Chronic Pain

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