David Johnson & Rebecca Blythe examine the ever growing phenomena of chronic pain claims & the challenges that they throw up for insurance litigators
It has always been the case that personal injury claims handlers need a rudimentary understanding of medical conditions and emerging new medical terminology. However, of late, particular challenges have arisen around the emergence of chronic pain claims.
“Chronic pain conditions” involve pain symptoms continuing to be reported more than three months beyond the date of resolution of the injury giving rise to the pain the first place. The range of conditions that may then be cited as an explanation for that single scenario are quite diverse and demand subtly different approaches.
Scope of the problem
The condition most often associated with chronic pain claims is Complex Regional Pain Syndrome (CRPS). Type I involves no demonstrable nerve damage. Type II involves demonstrable nerve damage. It is a physically evident syndrome, diagnosed according to the Budapest criteria.
Where CRPS is not made out, the emphasis often turns towards psycho-social explanations, the premise for which is that while the
