McHale & Co. Solicitors Blog

Chronic Pain– The Pain that doesn’t go away

Chronic pain personal injury cases are often difficult to deal with.

Chronic pain has many different definitions but for legal purposes it can be summarised as being 'pain that never seems to go away.' Quite often chronic pain can start after an innocuous incident and develop into a life changing condition.

Malcolm Horner of McHale and Co Solicitors in Altrincham has dealt with many such cases over his 30 year career and comments as follows

"One of my more recent cases involved a man who worked at a Garden Centre. One day at work he walked over some rough ground and stood on a sharp nail. The skin was cut and he was taken to the local hospital which cleaned the wound, took x-rays and discharged him. He did not recover as anticipated but gradually got worse and eventually became wheelchair dependant after 2/3 years.

Medical reports were obtained from various specialists - orthopaedic/pain/psychiatric/care etc from Harley Street and other areas of London and the insurance company did likewise. Basically the insurance company and their solicitors did not believe the client was truthful. It is firmly believed that they tried to film him on many occasions (as is common in such cases) but no useful footage was obtained.

However they did note in the medical records that the client had said to his treating clinicians that he was back playing golf 2 or 3 years post accident when of course he was wheelchair dependant. We were able to show that this record was inaccurate.

Due to this development, access to his computer (emails/facebook/photos etc ) was obtained by the insurance company and approximately 2500 pages/photographs had to be downloaded and assessed. Although some were not that helpful to the claim, the vast majority confirmed the chronic pain condition and the case settled for a significant sum in the days before a weeklong trial at The Royal Courts of Justice in London."

Chronic pain can be considered to be inexplicable on medical grounds but genuinely felt by the client/patient. In those circumstances the claim is dealt with as though the client was suffering from the perceived problems and a significant award will follow.

McHale and Co have offices in Altrincham, Manchester, London and Heywood. If you require assistance with a new claim or if you would like to transfer your claim from another firm of solicitors please call 0161 928 3848.

Categories: Personal Injury
Tags: Chronic Pain

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