Chronic pain can be debilitating and uncomfortable for months or even years. If you are suffering from chronic pain after an accident, it is important to understand your legal rights regarding whether you can be compensated. To learn more and secure skilled representation, read on and speak with a Memphis personal injury lawyer today.
What is Chronic Pain?
Chronic pain is persistent discomfort and pain that lasts for longer than three months, generally beyond the typical period of healing for an injury or illness. According to the NCBI (National Center for Biotechnology Information), nearly 25% of individuals in the United States experience chronic pain, making it one of the most common medical conditions.
This pain can stem from an injury, disease, or unknown origins and is often accompanied by psychological issues like depression and anxiety.
Can I Be Compensated for Chronic Pain in TN?
Yes, if you suffer from chronic pain in Tennessee, you can pursue compensation. Tennessee law recognizes the importance of awarding non-economic damages. Non-economic damages are losses that do not have an inherent monetary value but are substantial enough to warrant compensation. Physical pain and suffering are common non-economic damages awarded in a personal injury claim or lawsuit.
Although pain is a non-economic damage, there are often financial losses associated with chronic pain. You may have medical expenses from attempted treatments, medication, therapy, and more. You can recover compensation for these costs as well.
Does Workers’ Compensation Cover Chronic Pain?
If the injury that caused your chronic pain occured at work, you may wonder whether you can pursue damages through workers’ compensation. Workers’ compensation insurance is designed to protect both employees and employers from the potential consequences of a workplace accident.
In Tennessee, workers’ comp covers medical benefits, travel expenses, temporary and permanent disability benefits, death benefits, and partial wage replacement. Pain and suffering are not compensable under workers’ compensation.
However, chronic pain often requires medical treatment, for which you can be reimbursed. Additionally, if your pain limits your ability to work, it could count as temporary disability. Any current or future medical expenses can be compensated by workers’ compensation, and you may be eligible for disability benefits.
Are Non-Economic Damages Capped in Tennessee?
Yes, Tennessee state law caps non-economic damages in most personal injury cases. In general, claimants are entitled to up to $750,000 in non-economic damages. If the injury is considered catastrophic, the cap increases to $1 million. Chronic pain does not typically qualify as catastrophic, unless there is a physical injury associated with it that meets the criteria.
$750,000 is a lot of money, and most chronic pain cases will not require that much compensation. However, it is important to fully understand your legal rights and limitations when pursuing a claim.
If you are seeking compensation for chronic pain in Tennessee, it is important that you are adequately represented. Work with an experienced personal injury attorney for skilled legal counsel and advice.