Chronic Pain
Table of Contents
Pain is a body’s normal response to injuries or illnesses. Most pain is acute, experienced while a part of their body has undergone stress, especially after a serious injury. However, sometimes pain can persist for weeks, months, or long after its original cause has healed. When pain lasts for longer than 3-6 months, it is considered to be chronic.
Chronic pain syndrome (CPS) is a condition that can adversely impact a person’s day-to-day reality and pervade throughout all areas of their life. CPS affects about a quarter of people who experience chronic pain for a prolonged period of time.
Although the cause of CPS is not entirely understood, it usually begins in response to an injury. If you were injured in an accident and your pain has persisted long after your physical wounds have healed, you may be suffering from CPS.
CPS can have profound impacts on an injured accident victim’s overall quality of life. Getting through each day in excruciating pain is often a grueling, demoralizing, isolating, and emotionally overwhelming challenge. It is not uncommon for people suffering from CPS to experience debilitating mental health issues because of their persistent, prolonged physical pain. People suffering from CPS often experience:
- Depression
- Anxiety
- Insomnia
- Persistent fatigue
- Irritability
- Dependence on alcohol and/or drugs
- Interpersonal problems with romantic partners, friends, and family members
- Job loss
- Suicidal ideation
- And more
If you are in distress, contact the Canada Suicide Prevention Service at 1-888-456-4566.
Recovering Long-Term Disability Benefits for CPS
If you are suffering from CPS and the symptoms of your condition make it impossible for you to continue working in your current position, provided you have the right insurance coverage, you might be eligible for long-term disability (LTD) benefits.
LTD benefits are designed to help insurance policyholders with the appropriate level of coverage who cannot continue earning their regular wages because of a prohibitive physical or mental condition. Recipients are generally awarded monthly income replacement payments of between 60-70% of their normal earnings while their medical condition makes it impossible for them to work.
Unfortunately, not all claims for LTD benefits are approved. People suffering from CPS are often denied LTD benefits payments because their symptoms cannot be observed objectively through the use of medical imaging tests or other diagnostic systems. Pain is subjective, and even though the pain may be so severe that a person’s daily life is filled with agony, insurance providers regularly deny LTD benefits claims for so-called invisible injuries.
What To Do if Your LTD Benefits Claim Has Been Denied
Our Ontario long-term disability lawyers have extensive experience fighting back against insurance companies who unfairly deny eligible policyholders the benefits they are rightfully owed. If your employer’s group insurance plan or your privately held insurance policy includes coverage for LTD benefits and your CPS prevents you from returning to work, our long-term disability lawyers serving all of Ontario may be able to provide you with crucial legal advice and support.
If your claim for LTD benefits was denied, contact Preszler Injury Lawyers. Our Ontario long-term disability lawyers may be able to help you overturn your insurance provider’s unfair decision and help you get the compensation you deserve. To schedule a free initial consultation today, call 1-800-JUSTICE.
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Personal Injury FAQs
Here are some commonly asked questions for personal injury claims
What does a lawsuit look like?
Every personal injury lawsuit is generally comprised of five main parts. The length of time each part takes can vary depending on the complexity of your case. Your lawyer will help you through each stage by providing tailored advice and strong legal representation.
You can expect:
- Statement of Claim: This is a formal document that initiates the personal injury claim against the at-fault party (or individual you are suing).
- Examination for Discovery: This is a meeting where you and your lawyer will ask the opposing party questions about the claim, the accident, fault, and anything else that is deemed relevant. The opposing party will also have the opportunity to ask you questions.
- Gathering of Evidence: Your legal team will gather a variety of evidence on your behalf to strengthen your claim. This might include medical records, police reports, images from the accident scene, witness testimony, expert opinions, and more.
- Mediation: If you would like to attempt to settle without going to trial, you will likely undertake mediation. Mediation involves you and the opposing party negotiating the terms of your settlement with the assistance of a neutral third party.
- Trial: If you are unable to reach a settlement during mediation, your claim will proceed to trial. During trial, your lawyer will present your case and the evidence they have gathered before a judge (and sometimes a jury). Once complete, the judge will decide the final amount of compensation you’re entitled to.
It’s important to note that a majority of personal injury claims are settled through mediation, out of court. Our Toronto personal injury lawyers help guide clients through each of these stages, so they don’t have to navigate the legal complexities alone.
How much will I have to pay for lawyers’ fees?
Our personal injury lawyers work on a contingency-fee basis, meaning we only get paid if you win your case. A percentage of the settlement you receive will go towards lawyers’ fees. There are no upfront, out-of-pocket payments required.
What type of compensation can I expect to get?
When you’re injured in an accident due to someone else’s negligence, there are many different types of compensation you may be eligible to receive. The amount and kind will depend on the severity of your injury and the specifics of your case.
Common damages you might claim include:
- Pain and suffering
- Out-of-pocket expenses
- Loss of income
- Housekeeping losses
- Medical costs
- Legal costs
- And more
Our experienced Toronto personal injury attorneys will help maximize what you can recover by exploring your case and eligibility in depth. We aim to ensure that the compensation you receive reflects not only your current suffering, but the lifelong effects that your accident may have in the future.
When can I sue for non-pecuniary general damages (e.g. pain and suffering, loss of enjoyment of life, etc.)?
In Ontario, you can sue for non-pecuniary damages if you have suffered a permanent and serious impairment of an important physical, mental, or psychological function, or permanent, serious disfigurement. This is known as the “threshold.” If you meet this threshold, you can sue for general damages such as pain and suffering, loss of enjoyment of life, and other similar losses.
How long will it take to settle my case?
The length of time it takes to settle a case depends on several factors, including the complexity of the case, the extent of your injuries, and whether the other parties involved are willing to settle. Some cases can be settled in a few months, while others can take years.
How long will the process take?
The length of time a personal injury claim can take varies widely according to the specifics of your case. While some cases settle in a matter of months, some can take anywhere from two to four years.
Some factors that affect the duration of personal injury claims include:
- Complexity of your injuries
- Each party’s willingness to settle
- Whether a claim goes to court
- Insurance company cooperation
- Availability of evidence
- And more
When liability is clear or injuries/damages are more clearly documented, cases may move faster. A personal injury lawyer will make sure the process keeps moving, although sometimes delays (like court backlogs) are unavoidable. Seeking personal injury legal advice early may help you streamline your timeline.
How long do I have to sue?
In Ontario, generally speaking you have two years from the date of your injury-causing accident to file a claim. However, based on the circumstances of your individual case, this timeline could be subject to additional limitations.
Do I have a strong case?
After taking advantage of a free initial consultation with our personal injury lawyers, the strength of your case can be evaluated based on the evidence available and the specific circumstances of your accident. Our personal injury lawyers offer case-specific legal feedback to help you understand the strengths and weaknesses of your case and advise you on legal options that might be available.