Can I Seek Compensation for Chronic Pain After a Car Accident in Charleston?

Living with chronic pain after a car accident can significantly alter your daily quality of life. If your car crash injuries develop into persistent or debilitating pain from a car crash you did not cause, you may be eligible to include your pain and suffering, treatment costs, and other damages into your claim for compensation.

At Roden Law, our experienced car accident lawyers in Charleston understand chronic pain claims, including how these conditions often develop weeks after your initial injuries may have healed. We guide our clients on how to document these damages properly to help ensure they are fairly compensated.

Call for your free case review with one of our qualified Charleston attorneys today. 1-844-RESULTS

What Does South Carolina Consider “Chronic Pain” In Car Accident Claims?

South Carolina law recognizes chronic pain as persistent discomfort lasting beyond the normal healing period of an injury. This typically means persistent pain that has continued for more than three months after a car accident.

These are the most common types of chronic pain syndromes that injured victims may develop after a car crash.

Whiplash-Associated Disorder

A whiplash injury may occur when the neck experiences rapid and violent back-and-forth movement during the impact

of a collision. Whiplash can develop into a chronic condition, causing victims to suffer persistent neck pain, headaches, and restricted mobility that lasts months or even years beyond when the initial injury occurred.

Complex Regional Pain Syndrome (CRPS)

CRPS typically develops after severe trauma to an extremity. This pain syndrome is characterized by burning pain, swelling, and skin changes that a

re disproportionate to the original injury. CRPS is a painful condition that may follow even seemingly minor collisions, leaving the victim with debilitating limitations.

Post-Traumatic Fibromyalgia

Accident trauma can trigger fibromyalgia, a widespread painful condition that affects muscles and soft tissue throughout the body. Symptoms of fibromyalgia may also include fatigue, sleep disturbances, brain fog, and other cognitive difficulties that significantly impact work capacity and quality of life.

Myofascial Pain Syndrome

Myofascial pain syndrome involves persistent muscle pain stemming from trigger points that develop following a car accident trauma. This condition creates painful knots in muscle tissue that can cause referred pain to other body areas. There are specialized treatments that can help victims with pain management.

Chronic Lumbar Or Cervical Radiculopathy

Spinal injuries sustained during a car crash often result in chronic nerve compression and radiating pain down into a victim’s limbs. This condition results from herniated discs or vertebral damage and creates persistent shooting pains, numbness, and weakness that significantly limits a victims ability to manage daily tasks.

Post-Traumatic Headache Syndrome

Many car crash victims experience recurring, debilitating headaches. For some victims, this severe headache pain can last for months or years following a head or neck trauma. This syndrome often proves resistant to standard treatments and significantly impacts a victim’s ability to concentrate, work performance, and overall quality of life.

Central Sensitization Syndrome

Some accident victims develop increased pain sensitivity throughout their entire nervous system following trauma. This complex neurological condition amplifies pain signals and creates widespread hypersensitivity, making even minor stimuli extremely painful and disabling.

How Much Compensation Can I Get For Chronic Pain In Charleston?

Compensation for chronic pain varies on a case-by-case basis. It is largely dependent on the severity of your pain, the impact to your daily activities, as well as your ability to work. If the pain is determined to be permanent, your projected future limitations would also need to be considered. All of these factors influence your overall potential recovery amount.

South Carolina courts also examine the totality of your circumstances and overall wellbeing, including your age, pre-accident health status, and the documented progression of your chronic pain condition.

As a chronic pain victim following a Charleston car accident, you may be eligible to recover compensation for several types of damages:

• Medical expenses for past and ongoing treatments
• Physical therapy costs
• Pain management procedures
• Prescription medications
• Lost wages from missed work
• Reduced earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress

What Medical Evidence Do I Need To Prove Chronic Pain In Charleston?

Proving chronic pain in Charleston presents unique challenges because pain is not visible and cannot be objectively measured through standard diagnostic tests.

Insurance companies often try to dispute or dismiss chronic pain claims as exaggerations or fabrications, especially if visible injuries appear minor or have healed. South Carolina courts also require substantial medical documentation to establish the legitimacy and severity of your ongoing condition.

The most persuasive evidence for chronic pain claims in Charleston includes:

• Complete medical records documenting consistent complaints
• Diagnostic test results supporting underlying conditions
• Pain management specialist evaluations
• Physical therapy progression notes
• Prescription medication history
• Pain journal detailing daily pain levels and limitations
• Expert medical testimony establishing causation
• Functional capacity evaluations measuring limitations
• Before-and-after witness statements about lifestyle changes
• Employment records showing reduced capacity or accommodations

How Long After My Charleston Accident Can I File a Claim for Chronic Pain?

South Carolina law establishes a three-year statute of limitations for filing personal injury claims, including those involving chronic pain after car accidents. The clock for this deadline begins ticking on the date of your accident, not when your chronic pain condition develops or receives diagnosis.

You can expect this deadline to apply strictly in Charleston courts, with few exceptions. While the law allows you to include compensation for conditions that worsen after filing, you cannot initiate a new claim once the statute expires.

Why Insurance Companies Dispute Chronic Pain Claims In South Carolina

Insurance companies aggressively contest chronic pain claims in South Carolina due to their subjective nature and potential long-term costs. These companies employ numerous tactics designed to minimize payouts or deny compensation entirely for conditions like fibromyalgia, complex regional pain syndrome, and chronic back pain.

Insurance companies may challenge your chronic pain claim through several common strategies, including:

• Demanding “objective” evidence for inherently subjective conditions
• Attributing pain to pre-existing conditions unrelated to the accident
• Hiring biased medical examiners who routinely minimize pain reports
• Conducting surveillance to find contradictions in reported limitations
• Delaying claims until desperate victims accept minimal settlements
• Questioning treatment choices or suggesting “overtreatment”
• Disputing the connection between the accident and pain development
• Minimizing life impact by dismissing psychological components of chronic pain

How Charleston Attorneys Calculate the Value Of Your Chronic Pain Claim

Calculating fair compensation for chronic pain requires sophisticated legal and economic analysis beyond simple formulas. Charleston attorneys utilize multiple methods to quantify these complex claims. We work tirelessly to ensure all your current and future impacts are properly valuated.

The Multiplier Method

The multiplier method takes your economic damages (medical expenses and lost income) and multiplies them by a factor reflecting your pain severity. South Carolina chronic pain cases typically use multipliers between 1.5 and 5, depending on your specific circumstances. Higher multipliers apply to cases with permanent impairments, significant lifestyle changes, or particularly debilitating conditions.

The Per Diem Approach

Many Charleston attorneys utilize a per diem (daily rate) approach for chronic pain calculation. This method assigns a daily dollar value to your suffering, often based on your daily earnings, then multiplies it by the expected duration of your condition. For permanent chronic pain, calculations project throughout your life expectancy according to South Carolina actuarial tables.

Economic Expert Analysis

Complex chronic pain cases benefit from specialized economic expert testimony. These professionals analyze your pre-accident earning trajectory, compare it with your post-injury capacity, and calculate precise figures for lifetime losses. They factor in promotion potential, inflation, reduced work capacity, and early retirement risk to provide comprehensive projections specifically tailored to Charleston economic conditions.

Need Legal Help After a Car Crash in Charleston? Call Roden Law Today

Chronic pain that develops after a car accident creates significant challenges that extend far beyond your initial injury recovery periods.

At Roden Law, we understand the physical, emotional, and financial burdens chronic pain places on accident victims, and we are prepared to help. Our dedicated team knows how to build compelling chronic pain claims against resistant insurance companies. Contact us today for a free consultation to discuss your unique situation. We can answer your questions and explain what legal options may be available to you under South Carolina law.

Worried about costs? We take car crash cases on contingency, so there are no upfront costs or fees to pay when you engage our services.

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