 When an individual is injured in a traumatic
accident and after the time for the usual
healing of the particular injury has passed, but
the individual still suffers from debilitating
and persistent pain, a chronic pain condition
may have developed.
The most difficult chronic pain cases arise when
the original injury caused by a traumatic
accident is diagnosed as a myofascial injury
(soft tissue injury), but despite appropriate
treatment and the passage of time, the
individual continues to suffer from persistent,
daily pain with impairment of function. In the
medical-legal context, these cases are
particularly difficult to prove because often
there are few, if any, objective signs of
structural damage or physical injury. To a large
extent, the injury is subjective in nature and
diagnostic tests do not reveal any objective
abnormality. Nonetheless, the pain is real and
genuine and the ability to work and carry out
other normal daily activities is profoundly
affected.
While there are many
possible diagnoses that may explain a chronic
pain condition, one such possibility is the
syndrome known as post-traumatic fibromyalgia.
For decades, the insurance industry has made
every attempt to deny the existence of this
disabling condition and its relationship to a
traumatic event such as a car accident or slip
and fall. Despite their efforts, the syndrome is
now widely accepted to the point that government
agencies in both the United States and Canada
have approved drugs for the treatment of this
chronic pain condition.
In North America, the criteria for diagnosing
fibromyalgia were originally developed by the
American College of Rheumatology and includes
the existence of at least 11 out of a possible
18 tender points with widespread body pain
lasting for at least 3 months. The pain must be
on both sides of the body, above and below the
waist and along the length of the spine.
Long
term symptoms may include fatigue, headache,
impaired sleep, morning stiffness, numbness and
tingling in the hands and feet and depression.
It is extremely difficult
to live with a chronic pain condition, but it is
even more difficult to cope when the insurance
company questions your honesty and denies the
very existence of the condition and your
disability.
At Futerman Partners LLP, we have a proven track
record of success and extensive experience and
expertise in litigating chronic pain cases. We
will ensure that your condition is properly
assessed and diagnosed by leading experts in the
fields of Physiatry and Rheumatology to ensure
that you receive all the compensation you are
legally entitled to. While we will make every
effort to resolve your case, if that is not
possible, you will have the benefit of our
almost 30 years experience in taking your case
to trial. |
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