Chronic pain

Most injuries hurt while they heal and then stop. Sometimes the pain does not stop. When it outlasts the expected recovery and becomes a condition of its own, it can be as disabling as the original injury — and it is harder to prove, because pain does not show on a scan.

It is general information, not legal advice, and it is not medical advice.

What it looks like

Chronic pain after an accident can follow a disc injury, a fracture, surgery, or a soft tissue injury that never fully settled. It may be constant or come in flares, and it often brings poor sleep, fatigue, reduced activity, irritability, and low mood. Over time the effect on work and daily life can exceed the effect of the initial injury.

Named conditions

• Complex regional pain syndrome (CRPS). Disproportionate limb pain with skin, temperature, swelling, and sensitivity changes.
• Chronic post-surgical pain. Pain that persists well beyond the expected recovery from an operation.
• Post-traumatic headache. Ongoing headaches after a head or neck injury.
• Myofascial pain and chronic radiculopathy. Lasting muscle or nerve-root pain after a spine injury.

Why the defense pushes back

There is no blood test for pain. Insurers argue that normal imaging means no injury, that the person is exaggerating, that the cause is psychological and therefore — in their framing — not their responsibility, or that the pain comes from an unrelated condition. Courts and juries do recognize chronic pain, but the claim has to be carefully built.

What supports the claim

• A continuous treatment record from the injury forward, without long unexplained gaps.
• Care with a pain-management specialist and a documented, escalating treatment plan — therapy, medication, injections, nerve blocks, and in some cases a spinal cord stimulator.
• Objective signs where they exist — measured strength or range-of-motion loss, autonomic changes in CRPS, atrophy.
• Functional documentation — a functional capacity evaluation, work restrictions, and a consistent account of daily limits.
• Consistency between what the person reports to different providers and how they describe their life.

Sources: CACI No. 3905A (physical pain and mental suffering); CACI No. 3928 (unusually susceptible plaintiff); CACI No. 3927 (aggravation of a pre-existing condition). CACI citations are to the Judicial Council of California Civil Jury Instructions (2026 edition).

Which accidents lead to chronic pain

Any injury can, but it is most associated with car accidents, truck accidents, motorcycle accidents, bicycle accidents, and falls.

Common questions

When is pain considered chronic?

Generally when it lasts beyond the normal healing period for the underlying injury, often said to be about three months, or when it continues past the point where the tissue injury should have resolved.

What is complex regional pain syndrome?

CRPS is a chronic pain condition, usually in an arm or leg after an injury or surgery, where the pain is out of proportion to the original trauma and comes with changes in skin color, temperature, swelling, and sensitivity. It is diagnosed clinically using established criteria.

Why are chronic pain claims scrutinized so heavily?

Because pain cannot be measured directly and imaging may be normal. The defense argues symptom magnification or a psychological rather than physical cause. A consistent, long-term treatment record and objective signs where they exist are what answer that.

Does chronic pain involve mental health treatment?

Often. Persistent pain and mood are linked, and pain programs commonly include psychological care. Getting that treatment does not mean the pain is "in your head" — it is standard chronic-pain management.