Can I Be Compensated for My Chronic Pain?

In medicine, chronic pain is defined as a pain that persists or recurs for three months or longer. This may be in the form of a persistent ache or throbbing sensation or a recurrent pain that flares up intermittently. Chronic pain may linger after incurring a bodily injury, or it may be one of the aftereffects of receiving a certain medical treatment. Regardless, there is no question that it significantly interrupts and diminishes the quality of your life. With that being said, please read on to discover whether you can get financially compensated for your chronic pain and how a seasoned Miami medical malpractice lawyer at the Law Offices of Gonzalo Funes, PA, can help make your case.

Can I be compensated for my chronic pain caused by an accident?

Simply put, chronic pain is classified as a type of pain and suffering. Further, this is a type of non-economic damage that is commonly cited in a personal injury claim. All of this to say, you may attempt to get compensation for your chronic pain so long as you can prove that the defendant’s negligence directly caused it.

For example, say that you were involved in a car accident. Here, you may argue that the defendant drove recklessly and rear-ended your vehicle. With this unexpected and forceful impact, your body may have contorted unnaturally and caused you to get whiplash in your neck and herniate a disc in your spine. Months later, even after the proper medical treatment, you may suffer from persistent pain in your neck and back.

Can I be compensated for my chronic pain caused by medical malpractice?

Unfortunately, chronic pain commonly results from the negligence of a medical professional. For one, a surgeon may improperly handle a surgical instrument during your procedure and cause you nerve damage, which translates into chronic pain. Or, in their post-operative exam, they may fail to address a surgical site infection that is causing you physical pain. Or, after expressing the chronic pain you experience from an unrelated injury, your physician may fail to prescribe the proper pain management plan.

In either of these scenarios, you may be valid to seek recovery for your chronic pain in your medical malpractice claim. The driving message of your argument should be that the defendant owed you a duty of care as your treating medical professional. Then, they ultimately breached their duty by making a mistake that caused you chronic pain or by failing to relieve your chronic pain. With this chronic pain, you may suffer hefty medical bills, along with emotional stressors like anxiety or depression.

We can sympathize with how daunting this whole legal battle may be for you. Well, lucky for you, the team at the Law Offices of Gonzalo Funes, PA, has successfully gone through this countless times before. So please, retain the services of a competent Miami-Dade County injury lawyer today.