A car crash can leave more than just broken bones or bruises behind. For many victims, the most devastating impact is chronic pain. This persistent, sometimes debilitating discomfort may linger long after the dust of an accident has settled. And in these situations, your recovery is not just a medical battle; it also becomes a fight for legal justice.

Litigating a chronic pain case and recovering compensation can be difficult, as attorneys must prove your ongoing suffering is linked to the crash and provide clear evidence of its effect on your life.

Nonetheless, our experienced personal injury attorneys at Langella & Langella know just how pivotal a settlement or verdict can be in coping with the aftermath of a car accident. That's why we're dedicated to advocating for your rights and pursuing compensation for the full extent of losses you might have incurred.

If you're battling chronic pain following a car accident, remember that you are not alone. Here's exactly what you need to know about making a claim in New York. 

The Definition of Chronic Pain (And Why It Matters)

Chronic pain generally refers to ongoing pain that lasts for more than three months beyond the normal healing time. This pain may come and go, or it might be felt on a regular basis.

"Pain is your body's way of telling you that something's wrong, like an alarm. But when that alarm continues to go off for months or years, it can drown out many aspects of life that bring you joy. And it can take quite a toll on your physical, mental, and emotional health," per The Cleveland Clinic.

In the context of car accidents, chronic pain can arise from varying injuries, including but not limited to:

• Whiplash and soft tissue damage

• Extremity injuries and fractures 

• Spinal cord injuries and herniated discs 

• Head injuries and nerve pain

Unlike acute pain, chronic pain is sometimes invisible. It might not show up clearly on imaging tests, which makes it tougher to prove legally. Regardless, chronic pain can significantly decrease quality of life, which is why victims should consider pursuing compensation. 

Can You File A Claim For Chronic Pain In New York?

The short answer is yes, you can file a chronic pain lawsuit following a car accident in New York state. However, there are certain legal hurdles your attorney will have to clear.

First, under New York's no-fault system, you typically cannot sue for pain and suffering (which includes chronic pain) unless your injuries meet the state's definition of a "serious injury" under New York's Insurance Law §5102(d). This threshold includes a range of conditions, from fractures, significant disfigurement, and dismemberment to significant limitation or permanent loss of use of a body organ, function, or system.

Yet, in many cases, chronic pain is tied to either a new injury from the crash or a worsening prior condition, known as exacerbation. In the latter scenario, your personal injury attorney will have to show that the crash significantly aggravated the condition.

Due to these requirements, not every victim with chronic pain following a car accident can sue for it. 

How Attorneys Prove The Link Between Crashes And Chronic Pain

In some cases, the link between a car crash and a victim's pain will be obvious. If, for instance, you suffered severe whiplash as a result of the accident and are left with chronic neck pain, this represents a new injury that's directly tied to the crash.

Exacerbation claims can be harder to prove, as insurers may attempt to argue that your chronic pain is the result of a condition that existed prior to the accident.

Even so, Langella & Langella Personal Injury Attorneys use a variety of tactics to build a solid foundation of evidence for your case. 

Medical And Third-Party Expert Testimony

Gathering testimony from your doctors and other medical professionals will help explain how your injuries resulted from the crash and led to chronic pain. Other expert testimony can include accident reconstruction specialists, who detail how the force of the crash may have caused or worsened your injuries.

Imaging and Diagnostic Tests

Medical records, including MRI scans, X-rays, and other tests help corroborate the physical context of your pain.

Lifestyle Changes and Comparisons

Documentation of how your chronic pain has impacted your life, whether through shifted routines and activities, change or loss of employment, and more, will make your case feel more tangible to insurers or juries, if your case goes to court.

Witness Testimony

Witness testimony doesn't just refer to the people who were at the scene of your car accident. It can also include your loved ones, or those who have seen the impact of chronic pain on your life first-hand. They can speak to your decreased ability to live out your typical day-to-day life, from commuting to work to playing with your kids, in the wake of the crash. 

What Could Your Case Be Worth?   

Since chronic pain is subjective, the value of these cases can vary. Some factors attorneys must consider include:

The severity, duration, and frequency of your pain

• The level of impairment in your daily activities

• Past, present, and projected medical costs

• Emotional and mental health impacts

There is no hard and fast formula for determining value. But the inclusion of powerful personal testimony, coupled with compelling evidence, will help ensure your case receives fair compensation. 

Suffering From Chronic Pain After A Car Crash? 

Make sure that you seek regular medical care, keep detailed records of your treatment and pain occurrence, follow medical advice, and speak to a personal injury attorney as soon as possible.

Meanwhile, do not skip treatments just because you feel a bit better, post on social media, or delay seeking legal assistance. 

Langella & Langella Is Here To Help 

If you're living with chronic pain from a car accident, pursuing justice can feel daunting. But you do not have to face it alone.

At Langella & Langella, we have decades of experience navigating these complicated claims. From gathering medical proof to pushing back against insurance companies, we'll fight to help you secure compensation that reflects your real suffering.

Contact us today for a Free Consultation by calling (631) 348-9500.