Each September, safety activists, those advocating for justice on behalf of accident victims, as well as various health organizations and government agencies, join together to support an increased public awareness of the complexities of pain and pain management. As discussed in our last post, this is National Pain Awareness Month.
National Pain Awareness Month is a month-long campaign focusing upon educating the nation on the needs and problems facing the millions of Americans who suffer from chronic pain.
It is estimated that over 100 Million Americans suffer from chronic pain. Many must face serious or severe pain each day because of injuries sustained in some type of accident.
September Pain Awareness Month Activities
During the month, there will be all sorts of activities designed to spread the word about the realities of chronic pain and what victims of chronic pain must face daily. They include:
- Facebook Live Events sponsored by the United States Pain Foundation
- Social Media Awareness via Twitter and Instagram using the hashtags “#PainWarriorsUnite” and #PainAwarenessMonth
- Beautify in Blue public space decorations with blue signs and blue ribbons giving details regarding Pain Awareness.
Blue Lights in Our Local Skyline on Sunday
This weekend, lots of people in Indiana and Illinois may wonder why some of the local landmarks are lit with a pretty blue light. This is another pain awareness event designed to get people talking about the issue of chronic pain.
On September 9, 2018, the following buildings in our area will shine with blue light as part of the Pain Awareness Month campaign:
Illinois
John Hancock Building (Chicago)
Chase Tower (Chicago)
Prudential Plaza (Chicago)
311 South Wacker (Chicago)
BOMA (Chicago)
Indiana
Martin Luther King, Jr. Memorial Bridge (Fort Wayne) (30 minutes before sunset 9/8 and 9/9)
Big Four Station Park (Jeffersonville).
Importance of Chronic Pain Awareness for Accident Victims
From the standpoint of those suffering from chronic pain as a result of bodily injuries suffered in an accident caused by the negligence of another, having greater public understanding of the complexities of pain is very important.
From a legal perspective, pain damages can be asserted as part of the claims pursued against those responsible for the incident that caused the accident victim’s injuries. This is true regardless of the type of incident, from a motorcycle accident to a semi-truck crash, to a fall from a scaffold on a construction site or a medical error during surgery.
Sadly, many people do not understand these complexities. Not only can an accident victim suffer a variety of kinds of pain, both physical and psychological, but each person’s pain and suffering may be unique to that person.
From an evidence standpoint, pain and suffering can be difficult to establish because of its multifaceted characteristics. Chronic pain must be recognized and compensated as part of the personal injury claim; however, defendants are notorious for minimizing and discrediting chronic pain, in all its forms.
Pain is often disrespected, no matter how real and horrific it is to the accident victim and his/her loved ones.
Pain Experts to Establish Chronic Pain Suffered by Accident Victim
Accordingly, experts may be necessary to educate and inform the jury on the specifics of the chronic pain experienced by the accident victim, as well as the predicted levels of chronic pain the victim will likely face in the foreseeable future. Sadly, for some accident victims, chronic pain will be a permanent damage and something they must face for the rest of their lifetimes. See, e.g., Valentine, Sarah E., et al. “Longitudinal study of mental health and pain-related functioning following a motor vehicle collision.” Health psychology 35.7 (2016): 742.
These experts will be medical doctors with expertise in pain management, of course. However, experts may also be needed that include:
- Work and lifestyle experts to explain the future limitations faced by the victim both at home and at work due to chronic pain;
- researchers in pain management, who can provide similar situations and examples to the current victim’s chronic pain circumstance for comparison; and
- mental health professionals to opine on how best to help the accident victim suffering from chronic pain to deal with minimizing anxiety, depression, etc. over the long-term.
Fairness in Pain Damages for Accident Victim
Even with experts confirming the realities of the accident victim’s pain damages, there will likely be challenges to both the types of chronic pain asserted by the victim, as well as the calculations presented to cover the costs of dealing with past, present, and future chronic pain needs. Defense strategies are bold in their attempt to limit pain and suffering as non-economic damages.
Granted, it can be difficult for either a jury or an insurance adjuster to place a specific dollar amount on claim for pain and suffering. Tallying injury damages like ambulance charges or monthly rehabilitation costs are much easier to do with their documentary support (statements, medical records). It is much harder to establish pain and suffering damages because they will not have corresponding invoices.
However, setting a value on chronic pain must be done, and done accurately, to be fair to the innocent person who has suffered serious injuries due to the fault of another.
The work undertaken during Pain Awareness Month helps all accident victims because it helps to increase public awareness of the realities of chronic pain, and to improve the credence and respect given to those suffering from it. Please be careful out there!
