Yes. Chronic pain can be life-changing. Pain can affect your ability to stay focused, work, and do household chores. It also affects your mood and can leave you feeling agitated. Chronic pain with no foreseeable end or solution can often cause episodes of depression and steal the joy from your life. If you were injured in an accident and are now suffering from chronic pain you can file a lawsuit to receive compensation. Financial compensation can help pay for medical treatments and medications that will alleviate the pain. Chronic pain may also interfere with your ability to work which can create financial strain. Compensation from a lawsuit can help alleviate your financial stress. Below are summaries of cases to give you an idea of the financial compensation you can receive if you are experiencing chronic pain.
Lawsuits for chronic pain from motor vehicle accident injuries.
From our experience, motor vehicle accidents are the type of accident where we most commonly see victims suffer from chronic pain.
St. Marthe v. O’Connor
On the morning of November 9, 2011, a 33-year-old man was biking to work and as he was passing the exit of a gas station a car pulled out and hit him. He went to the hospital to get checked out and it was concluded he suffered a soft tissue injury to his back. He returned to his work landscaping a week after the accident and experienced serious back pain. For a while, he was able to cope as he was given lighter duties but eventually the pain was too much and he stopped working. He tried physiotherapy, which provided some relief, and tried to return to work as a manual labourer in 2014 and again in 2015 but had to stop working each time due to his back pain. He suffers from chronic pain which makes it hard for him to stand or sit for long periods of time and it disrupts his sleep. Upon assessment, it was determined that his pain condition was likely permanent and is exacerbated with physical activity.
The case went to trial in 2019 and the driver was ordered to pay a total of $205,662 in damages to the cyclist. The cyclist was awarded $32,016 in general damages (after the insurance deductible), $80,990 for past loss of income, $47,040 for future loss of income, and $45,615 for future housekeeping and home maintenance expenses.
Ashburn et al. V. Storrey
On February 14, 2015, a woman was involved in a car accident. She was the passenger in the car that was hit. In the accident, she injured her neck, left shoulder, lower back, and left hip. She now has chronic pain in all the areas that were injured. Because of the chronic pain, she has difficulty sitting, standing, or walking for any length of time. As a result, she can no longer keep up and perform her housekeeping and maintenance duties.
At trial in 2019, the insurance company of the driver at fault was ordered to pay the woman $62,500 in general damages, $21,9000 for future health care costs, and $2,500 for out-of-pocket expenses.
Abdulhussein v. Barbeau
On June 2, 2015, a 17-year-old boy was struck by a pick-up truck which caused his vehicle to collide with an 18-wheel truck and SUV and collide into the concrete barrier. A pain specialist testified that he suffered a neck and back sprain resulting in the chronic pain syndrome. The pain has lasted more than 3 years and the specialist predicts low chances of recovery. He was also diagnosed with depression, PTSD, and post-concussive syndrome. The boy was in high school at the time and due to his injuries found it hard to concentrate and was unable to complete his high school education.
At trial in 2019, the jury found the pick-up truck driver 100% liable for the boy’s injuries. The boy was awarded $65,000 for general damages and $18,566 for loss of past income
Visit our motor vehicle accident page to learn more about lawsuits for injuries caused by a car accident.
Car Accident
Lawsuits for chronic pain from other personal injuries.
Chronic pain can be caused by other types of accidents such as airplane accidents.
Lutes v. Air Canada
On May 20th, 2007 a woman was injured on an Air Canada flight when the plane hit the runway very hard. After disembarking all passengers were seen by a nurse. At first, the woman felt no pain but while she was still at the airport, she developed a pounding headache. Later the same day she started to feel pain in her back. The pain in her head and back persisted and she found it very hard to work. She was a social worker and worked as a school counsellor at several schools. By the end of her work day the pain would be so bad she would be in tears. She suffers from chronic pain syndrome. She continued working full-time until November of 2010 when she had to go on sick leave and by April 2011, she went on long-term disability. She tried going to the chiropractor which helped a bit. Her doctor also suggested she try injections to help with the pain but she refused the medical treatment. Her doctor testified that it’s likely that her symptoms will never go away or improve.
At trial in 2014, Air Canada accepted responsibility for the woman’s injuries. The judge awarded her $110,000 in general damages and $768,000 for future and past loss of income. She also received $60,000 for future care costs and $46,496 for special damages. Her family also received $25,000 under the family law act. In total, she was awarded $1,012,496.
Visit our airplane accident page to learn more about lawsuits regarding injuries caused by aircraft.
Aircraft Accident
Chronic pain can also be the result of injuries suffered from unsafe premises.
Skocir v. Premier Fitness Clubs Inc.
On December 14, 2006, a 72-year-old woman was crushed by exercise equipment while stretching at the gym. The equipment landed on her legs and left arm. She suffered a large cut to her leg which required staples to close. She also had severe bruising on her legs and arm. As a result of her injuries for 2 months, she had to rely on her husband and son to get around her house and they also had to assist her with personal hygiene. The wounds healed but she was left with ongoing pain in her legs and shoulder. Her doctor reported that the pain will most likely remain chronic and affect her ability to perform household activities. She also experienced a restricted range of motion in her shoulder and an impairment of her walking ability.
The woman’s case went to trial in 2008 and she was awarded $110,000 in general damages, $11,250 in past housekeeping, $2,832 for past care, and $30,031 for future care costs
Visit our slip and fall page to learn more about occupier’s liability.
Slip & Fall
If you were injured in an accident and are experiencing chronic pain you can sue to receive compensation. Contact our personal injury lawyers at Equilibrium Law for a free consultation.