Accident victims who are severely injured or suffer permanent bodily harm must deal with the tragic reality of severe, even excruciating, pain extending from the time of the accident to days, weeks, or months afterward.
For many accident victims, tormenting and terrible pain becomes part of their daily lives for the foreseeable future. This is true regardless of the cause of the injuries, from a car crash to an on-the-job fall, to a boating accident over a holiday weekend. They are victims of chronic pain.
Pain is a common denominator of all serious and preventable accidents, as the injured victim suffers high degrees of pain extending over a significant period of time.
Pain and Suffering in Accident Claims
Of course, both the state laws of Indiana and Illinois recognize that justice in the aftermath of these accidents must include recognition of the victim’s pain and suffering. Claims may be asserted for all kinds of pain and suffering, such as:
- Emotional trauma (grief, etc.);
- Physical injuries to the body at the time of the incident;
- Physical condition of the body during the course of treatment;
- Physical trauma experienced during therapy or rehabilitation;
- Physical discomfort as part of daily living; and
- Psychological trauma (e.g., anxiety, depression, PTSD (post-traumatic stress disorder, etc.).
What is Pain?
There are different kinds of pain, from a medical perspective. Legally, both physical and psychological pain and suffering are recognized as valid bases for claims by accident victims.
Bodily Injuries and Chronic Pain
Doctors treating physical pain consider the bodily reactions that involve the nervous system.
For instance, Johns Hopkins defines “pain” as:
“Pain starts in receptor nerve cells found beneath the skin and in organs throughout the body. When you are sick, injured, or have other type of problem, these receptor cells send messages along nerve pathways to the spinal cord, which then carries the message to the brain. Pain medicine reduces or blocks these messages before they reach the brain.”
Doctors break down pain into three categories: (a) acute (new); (b) subacute (weeks or months); and (c) chronic (over 3 months).
- pain disorders such as the neuralgias and neuropathies that affect nerves throughout the body;
- pain due to damage to the central nervous system (the brain and spinal cord); and
- pain where no physical cause can be found–psychogenic pain.
According to the American Academy of Pain Medicine (AAPM), many victims suffering from chronic pain are not only impacted physically, but also psychologically and socially.
From the AAPM’s “Facts on Pain”:
- Pain affects more Americans than diabetes, heart disease and cancer combined.
- More than half of all hospitalized patients experienced pain in the last days of their lives.
- An estimated 20% of American adults (42 million people) report that pain or physical discomfort disrupts their sleep a few nights a week or more.
- Back pain is the leading cause of disability in Americans under 45 years old.
- More than half of respondents (51%) felt they had little or no control over their pain.
- Six out of ten patients (60%) said they experience breakthrough pain one or more times daily, severely impacting their quality of life and overall well-being.
- Almost two-thirds (59%) reported an impact on their overall enjoyment of life.
- More than three quarters of patients (77%) reported feeling depressed.
- 70% said they have trouble concentrating.
- 74% said their energy level is impacted by their pain.
- 86% reported an inability to sleep well.
September is Pain Awareness Month
Back in 2001, a group of organizations led by the American Chronic Pain Association began a national campaign to build public awareness of how debilitating pain, especially chronic pain, can be. They dedicated the month of September as “Pain Awareness Month.”
Today, patients and their families, accident victims, safety advocates, health care providers, and others involved in the issues of pain and pain management work together to support this annual campaign for greater understanding and recognition that pain is a serious public health issue.
Long-term Pain: Recognition and Treatment
Pain is a complicated matter. This is true from both the viewpoint of those representing victims and their families (the legalities of pain damages) and from the health care providers who are assessing pain management alternatives.
From the perspective of those treating patients suffering severe and/or chronic pain, there are the political realities of pain management. Opioid abuse is considered a national crisis today, which impacts how pain victims are treated. Discovering and implementing alternatives to prescription medications is an ongoing concern. See, “Chronic Pain Management and Opioid Misuse: A Public Health Concern (Position Paper),” of the American Association of Family Physicians.
Meanwhile, from a legal perspective, making sure that accident victims (and their loved ones) receive sufficient compensation to cover their long-term and/or permanent pain needs is more and more multi-faceted. In some cases, there is the added factor of a legal cap being placed on any pain and suffering award (usually set at a multiple of actual damages, such as three times actuals). See, e.g., Chang, Yun‐chien, et al. “Pain and Suffering Damages in Personal Injury Cases: An Empirical Study.” Journal of Empirical Legal Studies 14.1 (2017): 199-237.
Pain and suffering for accident victims is recognized as a form of compensation damages after there has been a serious accident caused by the negligence of another. In our next post, we will delve into the reality of chronic pain for accident victims, and how it must be considered with respect and compassion. Please be careful out there!
