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.