INJURY TYPE

Chronic Pain Injury Lawyer

People who are living with chronic pain such as back pain from a car, truck, motorcycle or slip and fall accident, face daily battles just to function. Chronic pain can have devastating and life-changing consequences for the victim and their family. The unexpected costs of intensive therapy, pain management medications and surgeries can bring financial and emotional stress. Additionally, chronic pain can have a permanent impact on the victim’s quality of life, including their ability to perform daily activities and remain competitive in the job market.

At Campisi LLP, we approach every case with deep expertise and unfailing compassion. We understand the impact that serious chronic pain can have on the lives of our clients and their loved ones – we will fight for your right to receive the care and compensation you deserve.

At Campisi, our first priority is to invest our expertise, time and resources into getting you and your family the timely, quality care you deserve.

bulb 1

What you need to know

Chronic pain is often the symptom of another ailment, such as a spinal cord injury, poorly healed fracture or fibromyalgia. Because the long-term potential impact of chronic pain is difficult for patients to assess and understand, we recommend that you speak with a reputable personal injury if your pain persists beyond normal healing times. We are pleased to offer a free, no-obligation consultation so that you can understand the whole picture and set your mind at ease.

You can commence a lawsuit to claim compensation if your chronic pain was caused in whole or in part by the negligence of another party. Examples include:

  • Negligent, distracted or drunk drivers;
  • Failure by a municipality to maintain the roads or a public area to the required standards;
  • Failure to implement proper safeguards and procedures, such as for the supervision of children, the service of alcohol and more;
  • Failure by individuals or corporations to meet Occupiers’ Liability standards.
What you need to do

What you need to do

In general, you have two years from the date of the injury to file a lawsuit. However, lawsuits against municipalities require that notice of a pending suit be submitted within 10 days following the accident date. Because the long-term potential impact of chronic pain is difficult for patients to assess and understand, we recommend that you speak with a reputable personal injury if your pain. Speak to our chronic pain lawyers right away to ensure you file your case within the proper time limits.

NOTE: The two-year limitation period does not begin for a child until they reach the age of 18 in Ontario. This does not mean you should wait to speak to our pediatric injury experts. It is important that you discuss your child’s case with our personal injury lawyers right away to ensure the case is investigated and managed properly from the start. As these claims can go on for many years while the child’s development continues, it is important to lay the right groundwork.

 

Important timelines

Important timelines if injured in a car accident

  • Within 60 days after the occurrence of the injury, written notice of the claim, including the date, time and location of the occurrence, has been personally served on or sent by registered mail to at least one person listed in subsection.
  • Generally, you have two years from the date of the accident to file a lawsuit against the at fault parties. We can advise you regarding your access to Accident Benefits after a car accident. However, you must act fast as there are strict time limits.
  • Within 7 days of the accident: Inform the accident benefits insurance company of the accident and that you were hurt.
  • Within 30 days of receiving an accident benefits application: Send in the completed application that was provided to you by the insurance company. If you take longer, the insurer can delay your benefits for 45 days and may be able to deny you benefits altogether.
  • Within 10 business days of receiving a request for information: Your insurance company can request information needed to determine your entitlement. You have 10 business days to provide it, or they can suspend or deny your benefits.
Other important information

Other important information

The effects of chronic pain reach far beyond physical pain and can disrupt your ability to work or have a social life. In personal injury claims, chronic pain is measured by its impact on your ability to function. Whether you are facing chronic headaches, chronic back pain or any other ongoing pain, we can provide a free consultation to discuss your needs. We will consult with the necessary medical experts in assessing and treating chronic pain to ensure that you receive the ongoing treatment you need and the compensation you deserve. We will make a compelling case to your insurance companies and will expertly represent your rights in a lawsuit.

Compensation for your injuries can include damages for:

  • Pain and suffering;
  • Loss of income and out of pocket expenses;
  • Loss of enjoyment of life;
  • Economic losses incurred by family members;
  • Cost of future medical treatment and care;
  • Cost of future attendant care;
  • Loss of future ability to earn money in the job market;
  • Cost of housekeeping and caregiving;
  • Loss of shared family income;
  • Loss of care, guidance and companionship suffered by your immediate family;
  • and more.
bulb 1

Common questions

How much compensation can I get for chronic pain?

Although compensation depends on the specific circumstances of the case, chronic pain claims can result in very large damages awards because of the potential for all areas of your life to be impacted permanently. As a result, we investigate your case fully so that the defendant pays damages for potential difficulties that may not arise until years after the injury was sustained.

Damages for pain and suffering (called “general damages”) are only one aspect of your overall claim. Since there is no accurate way to put a monetary value to your losses from pain and suffering, our courts have set a cap on the amount you can recover. For the most serious injuries, the cap as of January 2021 is $393,732. Compared to American lawsuits, where there is no similar cap, this sounds like a small award. However, there are other potential areas of significant compensation, including:

  • Past and future loss of income or earning potential;
  • Future cost of care;
  • Loss of housekeeping and home maintenance capacity.

Damages under these headings have no cap and are determined through expert analysis. They can total millions of dollars, depending on the specific life circumstances of the victim.   At Campisi LLP, we have extensive experience determining appropriate ranges of damages for our clients. We engage leading economists, vocational and other experts to ensure we accurately calculate our clients’ needs to make the best case to meet these needs, now and in the future.

You might also be entitled to recover:

  • Economic losses incurred by family members;
  • Cost of future attendant care;
  • Cost of caregiving;
  • Loss of shared family income;
  • Loss of care, guidance and companionship suffered by your immediate family;
  • Out of pocket expenses;
  • and more.

Additionally, you can recover medical expenses, including rehabilitation including:

  • Costs of adapting/modifying homes and vehicles;
  • Psychological and vocational counseling;
  • Out of pocket expenses;
  • and more.

 

If you or a loved one is living with chronic pain, you will know that insurance companies are sceptical about your injuries and often refuse to take them seriously. Because of this bias, you need the services of a knowledgeable and dedicated personal injury lawyer. We want to help you reach your full recovery potential, and we are ready to fight for the compensation you deserve. We will look at your case for free, and you do not pay us anything until your case is won or settled.

In many serious personal injury claims, it can be challenging to identify sufficient insurance coverage to fully compensate an injury victim. We have this significant expertise in this area, and have presented at legal conferences on how to access all available sources of compensation for our clients, including:

  • Umbrella policies and reinsurance (e.g.: commercial landlord or tavern liability claims),
  • Insurance brokers (e.g.; negligent representation to a defendant regarding coverage),
  • Property owners (failure to maintain property safe for use),
  • School boards (e.g.: negligent supervision)
  • Municipalities (e.g: construction hazards, substandard road maintenance).

How do I live a normal life with chronic pain?

We have extensive experience obtaining funding for our client's rehabilitation needs. If you were injured in a car accident, we will help you file your application for Accident Benefits, support your treatment providers and arrange for medical assessments to determine the extent of your chronic pain, including whether it is a catastrophic impairment (a designation that provides access to increased funding for medical and rehabilitation expenses). We recognize that dealing with your insurance company can be intimidating and overwhelming. We will make sure you are treated fairly and will litigate on your behalf if it is necessary to get you the care you need.

How Campisi can help

Insurance companies use a number of factors to value a case. These include: your age,  amount of vehicular damage,  whether you were hospitalized, whether you sustained fractures and your loss of income. At Campisi LLP, we know these details don’t tell the whole story.

Doctor examining man back in medical office

We are available 7 days a week to answer your questions, provide legal advice and help you and your family through difficult times.

The following represents some of our outstanding results and success stories:

  • Client suffered a broken collarbone and developed chronic pain syndrome.  Total compensation exceeded $1.1 million. 
  • Elderly client developed chronic pain after suffering a fractured ankle.  Groundbreaking accident benefits claim of $1.7 million

 
  see more results
The Campisi Difference

Why Choose Campisi?

A champion with heart

When you’re a victim of an accident, everything can seem upside down. You need someone who cares enough to help you through the process, but also someone who’s strong enough to battle tirelessly on your behalf. You need an advocate with a heart.

We guarantee to always put your future first

You don’t pay for anything until your case is won or settled. We treat you as we would our family, making ourselves available 7 days a week to guide you through these difficult times. We are selective when taking on new clients so that you receive the attention you deserve, and the commitment to win your case.

Campisi is head of the class

At Campisi LLP, you and your family are in good hands. Our Managing Partner is not only an exemplary personal injury lawyer, he is a professor of Insurance Law at York University’s Osgoode Hall Law School. Our lawyers have successfully represented thousands of clients with serious injuries like yours, and will use their extensive knowledge of the law, the medicine and the insurance system to win your case.