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Accidents happen every day. When they occur as the result of someone else’s negligence, and injuries occur as a result, you may be entitled to compensation.


Whether it’s a slip and fall accident where the municipality or property owner is liable, or it’s a vehicle collision where the other party is at fault, almost every personal injury case is going to ask for a detailed report of the injuries sustained by the plaintiff.

Some of the most common injuries from the accidents mentioned above include broken or fractured bones, concussions, brain injury, spinal cord injury and lacerations.

While the injuries listed here may be easy to diagnose and observe, there is another common injury that often goes unnoticed – chronic pain.

Chronic pain does not appear on an x-ray or an MRI, and is not something normally seen by the naked eye. By definition, chronic pain is described as, “any pain lasting more than 12 weeks,” and it is recognized by the Supreme Court of Canada as a “pain that persists beyond the normal healing time for the underlying injury or is disproportionate to such injury, and whose existence is not supported by objective findings at the site of the injury.”

Because chronic pain is difficult to define and diagnose, it poses a challenge to victims of accidents who suffer from this type of injury. When plaintiffs suffering from chronic pain take their personal injury case before a court, they must vigorously defend their injury and prove that it does in fact exist.

How to prove chronic pain

In many cases when it comes to chronic pain, an important part of proving the pain you are suffering from is through your own testimony. To assist with your evidence of pain and dysfunction, personal injury lawyers often suggest that clients document their pain, symptoms and everyday limitations that come as a result of the injury. A common recommendation is that clients keep a pain diary to write in daily.

While clients may provide detailed documentation of their chronic pain for the first couple of days or weeks, the diary entries often become less and less consistent. It’s likely that clients do not bring the diary everywhere they go and when their pain limits their actions, they do not have the diary to write it down, nor do they remember to do so when they arrive home. Other times, schedules simply get busy. Between work, raising a family, running a household, doctor’s appointments and physical therapy sessions, there’s simply not enough time in a day to remember to fill out a diary.

There’s an “app” for that

If keeping a physical diary for your pain doesn’t fit into your busy schedule, you may have better luck keeping track onyour mobile device using technology such as the IPhone app “My Pain Diary: Chronic Pain and Symptom Tracker.”

This app makes documenting your chronic pain symptoms easy and accessible. Because it is a part of your iPhone, you can bring it with you wherever you go so you can remember to document your symptoms as soon as they appear. The app also allows you to export your entries so you can email them to whomever you wish – your doctor and your personal injury lawyer.

Whether you’re writing your symptoms down with pen and paper, or making digital entries into your IPhone app, documenting your pain on a consistent and daily basis can assist with the evidence to prove your chronic pain and having a successful personal injury case.

If you or someone you know suffers from chronic pain due to the negligence of someone else, speak with one of our experienced personal injury lawyers today. We can help you go over your options and build your case so you can receive the compensation you deserve. To get started with your free consultation, call us at 1-855-744-9228, or send us an email at personalinjurygroup@harrisonpensa.com.

A word from our clients

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"I am a former client of Mr. Sean Mackintosh at Harrison Pensa law firm. I highly recommend Mr. Mackintosh and his diligent team. They are attentive" Read More

January 8, 2016

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HARRISON PENSA ™ is a full-service law firm representing private & business interests throughout southwestern Ontario.

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