Chronic Pain After an Accident: How to Prove and Recover for Invisible Injuries in Florida Courts

Chronic pain is a debilitating condition that affects many accident victims long after the visible injuries have healed. It often lingers for months or even years, disrupting daily life, impairing employment, and eroding mental health. Yet, because it lacks outward signs or objective diagnostic results, chronic pain is one of the most difficult injuries to prove in a Florida personal injury claim. Despite its invisibility, chronic pain is very real, and Florida law does allow for compensation when the proper legal and medical strategies are used.

At Smith, Ball, Báez & Prather, we understand that chronic pain can be just as life-altering as a broken bone or traumatic brain injury. Unfortunately, insurance companies and defense attorneys often downplay or challenge these claims, arguing that the pain is exaggerated or unrelated to the accident. Successfully recovering for chronic pain in Florida courts requires careful preparation, expert support, and experienced legal advocacy.

Understanding Chronic Pain as an Injury

Chronic pain is defined as pain that persists for 12 weeks or more, often continuing after the initial injury has healed. It can stem from soft tissue damage, nerve injuries, musculoskeletal trauma, or even psychological stress caused by the accident. Conditions such as Complex Regional Pain Syndrome (CRPS), post-concussion syndrome, and chronic back or neck pain are frequently reported by accident victims.

Unlike fractures or lacerations, chronic pain may not show up on X-rays, MRIs, or CT scans. This makes it an “invisible injury,” relying heavily on patient reports and expert interpretation. However, Florida law does not require visible damage to claim compensation for chronic pain. The courts recognize that real suffering may exist even when it can’t be captured by a medical image.

Building a Case Around Chronic Pain

Proving chronic pain requires a multifaceted legal and medical approach. The first step is to secure detailed medical records and treatment notes from physicians, physical therapists, pain specialists, and other healthcare providers. These records should reflect ongoing symptoms, prescribed treatments, and observed functional limitations.

Next, expert medical testimony is often essential. Physicians with expertise in pain management or neurology can explain to the jury how chronic pain works, how it develops after trauma, and why it may not appear on traditional diagnostic tests. Neuropsychologists may also offer insights into the cognitive and emotional impact of persistent pain.

Equally important is the use of non-medical evidence to show the impact of chronic pain on daily life. Testimony from family members, employers, or friends can paint a vivid picture of how the victim’s abilities, personality, and lifestyle have changed. Pain journals kept by the victim—detailing the frequency, intensity, and effect of the pain—can also be persuasive tools in both negotiations and at trial.

Common Defense Tactics and How to Overcome Them

Insurance companies frequently argue that chronic pain is exaggerated, unrelated to the accident, or caused by pre-existing conditions. They may point to gaps in treatment, lack of objective findings, or inconsistencies in symptom reporting. Some even hire their own doctors to downplay the severity or validity of the pain.

At Smith, Ball, Báez & Prather, we know how to counter these tactics. We ensure our clients receive the right kind of medical support from the outset, and we work closely with experts who can clearly and credibly explain the nature of chronic pain. We also anticipate and address any defense arguments related to pre-existing conditions by demonstrating how the accident worsened or reactivated dormant symptoms—a concept Florida law allows under the aggravation of pre-existing conditions doctrine.

Compensation for Chronic Pain

Victims suffering from chronic pain may be entitled to both economic and non-economic damages. Economic damages include medical expenses, lost income, and the cost of ongoing treatments or assistive services. Non-economic damages include pain and suffering, mental anguish, emotional distress, and loss of enjoyment of life.

Accurately valuing these damages requires a detailed understanding of how chronic pain has affected every aspect of a victim’s life—physically, emotionally, socially, and professionally. This is where a well-prepared legal team makes all the difference. By combining compelling evidence, expert testimony, and empathetic storytelling, we make the full impact of invisible injuries visible in the eyes of the jury.

Contact Smith, Ball, Báez & Prather

If you are living with chronic pain after an accident in Florida, you deserve more than skepticism or dismissal. At Smith, Ball, Báez & Prather, we believe your suffering is real, and we are committed to proving it in court.

Our West Palm Beach automobile accident lawyers have extensive experience handling cases involving chronic pain and other invisible injuries. Let us fight for the compensation you need to reclaim your life. Contact us today for a free consultation and compassionate, strategic representation.

Source:

my.clevelandclinic.org/health/diseases/4798-chronic-pain

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html