How are chronic pain injuries valued in the US?
Chronic pain claims are among the most contested in personal injury law. Non-economic damages for documented chronic pain range from $60,000–$1,000,000+ depending on severity, consistency of treatment, and jurisdiction. CRPS (reflex sympathetic dystrophy) verdicts have exceeded $1 million in many states due to the debilitating nature of the condition.
What makes a strong chronic pain case?
Consistent treatment from the date of injury, specialist diagnosis (rheumatologist, pain management physician, neurologist), objective functional capacity evaluations, corroborating evidence from family and coworkers, psychological evidence of depression/PTSD, and a clear causal link to the accident. Pre-existing conditions must be clearly distinguished from new injury.
Are there damage caps for chronic pain claims?
Non-economic damage caps in about 30 states limit recovery for pain and suffering, which includes chronic pain. Texas caps non-economic damages in medical malpractice at $250,000. California's MICRA cap now adjusts annually. Auto accident and premises liability cases often have no caps or much higher limits. Consult a local attorney about your state's rules.