For a long time, “chronic pain” has been seen as an unfavourable term in personal injury litigation. Although there have been some positive strides in recent years, there still remains a perception for many that the disability is not real. But for many people, chronic pain syndrome is a very genuine, very disabling condition; and it is one for which they have entitled compensation under the law if caused by another person’s wrongdoing. Front and center in these cases is the credibility of the Plaintiff (the person bringing the lawsuit). As stated recently by Tzimas J.: “The issue of credibility is especially important in a case where the source of pain is soft tissue injury and where the magnitude of the pain cannot be measured objectively.”
This article is a shortened version of the full paper that I have authored to provide prospective Plaintiffs (people who advance lawsuits), health care professionals (both treating and medical-legal experts), and personal injury lawyers with an understanding of:
- What to expect when embarking upon a chronic pain case;
- Medical-legal strategies to create a persuasive chronic pain case; and
- Recent judicial treatment of chronic pain cases.