Chronic Pain Injuries

• Previous Injuries: Minor injuries such as sprain or strain at times result in chronic pain syndromes.
• Medical Diseases: Arthritis, fibromyalgia, or cancer are common precipitants.
• Nerve Damage: Trauma such as sciatica or surgical issues can result in chronic nerve pain.
• Mental Health Factors: Pain sensitivity or even chronic pain itself can be the result of anxiety, depression, and PTSD.
• No Obvious Cause: In other cases, there is no medical reason for chronic pain.

Symptoms of Chronic Pain

Persistent Pain: Pain that has lasted over 3 months and increases with exercise or stress.

• Localized or Widespread Pain: It can be limited to one spot, like a knee or back, or occur all over the body.
• Sensitivity: Most minimal touch or pressure can be intolerable in some people.
• Other Problems: Insomnia, fatigue, and mood changes are often related to chronic pain.

The Way Chronic Pain Affects Everyday Life

Chronic pain can affect everyday life in various ways:

• Limited Mobility: Most avoid work, household chores, or even walking a short distance.
• Emotional Challenges: Depression, anxiety, or helplessness are usually caused by chronic pain.
• Isolation: People are typically secluded from society due to ongoing discomfort or embarrassment.
• Work Problems: Absenteeism, reduced productivity, and even dismissal are the norm.

Filing a Personal Injury Claim for Chronic Pain in Canada

If your chronic pain was the result of another person’s negligence—like an auto accident, slip and fall, or medical error—you are entitled to recover damages under Canadian personal injury law.

These claims might be difficult to establish, however. Here’s why:

Why Chronic Pain Claims Are Difficult

Minor Injuries, Severe Pain: Insurers typically deny claims for an apparently minor injury that caused severe chronic pain. But with diseases like Complex Regional Pain Syndrome (CRPS) or Myofascial Pain Syndrome, this is a medical fact.

Delayed Onset: The chronic pain might be experienced weeks or even months following the initial trauma, and hence the opposing side will contend that injury and pain have no connection.

Subjective Nature: Chronic pain is not that easy to measure with a scan or a test, and because of that, your insurers doubt your sincerity.

Mental Health Links: As you do have pre-existing mental health problems, the other side can raise an argument that your pain is the result of them, rather than the injury. But Canadian courts do give deference to the “thin skull rule,” wherein defendants must accept victims as they find them—regardless whether they just so happen to be more vulnerable.

How to Enforce Your Claim

Keep a Pain Diary: Record symptoms, triggers, medications, and limitations.

See Specialists: A pain specialist or psychologist may submit very valuable supportive medical reports.

Legal Representation: Use a lawyer who has experience in dealing with chronic pain cases—this is very significant.

How Much Is Chronic Pain Worth in a Claim?

General damages (suffering, pain, and loss of enjoyment of life) as well as special damages (loss of income and medical costs) are normally awarded in Canada.

Pain and Suffering Caps in Canada

Unlike in US or UK, Canadian courts cap general damages for pain and suffering as well. As of 2024, that cap stands at around $435,000, inflation-indexed per annum, based on a Supreme Court of Canada ruling in Andrews v. Grand & Toy Alberta Ltd. (1978).

Other Potential Compensation Includes:

• Lost earnings and reduced capacity to earn
• Out-of-pocket medical costs
• Home care or caregiving
• Treatment travel cost

Timelines: How Long Do You Need to Sue

In Canada’s Statute of Limitations, with the exception being extremely limited, each province places upon you that you sue personal injury claims in two years from the date that the injury was suffered (or discovered).

Example:

The 2-year time limit in Ontario is for defined by the Limitations Act, 2002.

The same 2-year timeline in British Columbia is for defined in the Limitation Act [SBC 2012] Chapter 13.

If your chronic pain arose after a minor injury, the clock may still be running because the date of the original accident—so don’t wait.

What If Your Condition Is Ignored?

It’s too easy for chronic pain patients to be dismissed or disbelieved. If your lawyer today is not hearing your symptoms, find a firm that handles chronic pain cases.

If your previous claim is already settled and did not include your chronic pain, you likely can’t reopen it—unless your attorney’s negligence can be proven.

When Will You Be Paid?

Payment is typically made in a single lump sum after a settlement or court ruling. Partial judgments along the way (interim payments) are sometimes available, however—especially if financial hardship results from ongoing medical needs.

In rare, high-value cases, courts will allow periodic payments or structured settlements, though these are more common in catastrophic injury cases.

Chronic pain can change your life—but shouldn’t keep you from seeking justice. If your condition was caused by an accident or another’s negligence, you might have a case.

To have the best chance at success:

• Act within time of limitation
• Secure early medical records
• Obtain a lawyer who is experienced in processing chronic pain claims