Can I Recover Compensation for Chronic Pain After an Alabama Car Wreck?

Can I Recover Compensation for Chronic Pain After an Alabama Car Wreck?

You were injured in an Alabama car wreck. You received medical treatment, followed your doctor’s recommendations, and expected to recover-but months later, you are still hurting.

Perhaps you have persistent neck pain, headaches, burning sensations in your legs, or back pain that makes it difficult to sit, stand, or sleep. Your doctor may have explained that the injury could produce long-term symptoms.  Meanwhile, the insurance company insists that you should have recovered by now.

The adjuster may even tell you that because your MRI does not show a serious abnormality, your continuing pain cannot be related to the collision.

Under Alabama law, chronic pain may support a claim for compensation when the evidence establishes that the collision caused or aggravated the condition, but proving the existence, cause, duration, and consequences of chronic pain can present challenges that do not arise with every automobile injury.

Can I Recover Damages for Pain That Continues Long After a Car Wreck?

Yes.

Alabama law permits an injured person to seek compensatory damages for physical pain and suffering proximately caused by another driver’s negligence.  Those damages are not necessarily limited to the period immediately following the collision.

If the evidence establishes that an automobile accident caused continuing pain, the injured person may seek compensation for that pain. Depending upon the evidence, damages may also include reasonably established future pain and suffering, medical expenses, lost wages, or diminished earning capacity.

However, the insurance company is not automatically responsible for every medical complaint that develops after an accident.  The injured person must establish the necessary causal connection between the collision and the condition being claimed.

That distinction becomes especially important when symptoms continue for months or years.

What If My MRI Does Not Explain Why I Am Still Hurting?

Not every painful condition produces a dramatic abnormality on an MRI, X-ray, or CT scan.  An injured person may experience muscle pain, headaches, or other persistent symptoms without diagnostic imaging conclusively identifying their source.  That does not automatically establish that the pain is imaginary or unrelated to the collision.

However, the absence of objective findings may make the case more difficult to prove.

An insurance company may argue that the complaints are subjective, that the injury should have healed, or that some unrelated condition is responsible.  In these situations, the medical evidence becomes particularly important in addressing those arguments.

A treating physician may evaluate the patient’s history, physical examinations, symptoms, diagnostic testing, response to treatment, and possible alternative explanations.

The question is not simply whether an MRI shows an abnormality. It is whether the available evidence establishes that the collision caused or contributed to the continuing pain.

What Does Alabama Case Law Say About Chronic Pain After a Car Wreck?

A particularly relevant decision is Brannon v. Sharp, 554 So. 2d 951 (Ala. 1989).

The case involved a collision between a tractor-trailer and a Volkswagen in which Nathaniel Sharp was a passenger.  Sharp claimed that the collision caused debilitating headaches and chronic pain.  His treating physician referred him to a psychologist who specialized in chronic pain management.  The psychologist treated Sharp for more than two years before trial. He testified that Sharp had not experienced the same headaches before the collision and expressed an opinion concerning the relationship between the accident and Sharp’s chronic pain.

The defendants argued that the psychologist should not have been permitted to testify about causation because he was not a medical doctor.

The Alabama Supreme Court rejected that argument under the particular circumstances presented and emphasized that the psychologist had been treating Sharp for an extended period, had received the referral from Sharp’s physician, and had confined his testimony to matters within his professional expertise.

The Court distinguished testimony concerning the psychological aspects of chronic pain from medical opinions outside the psychologist’s qualifications and affirmed the judgment entered on the jury’s $400,000 verdict.

Why Is Brannon v. Sharp Important?

The decision illustrates that chronic pain can involve more than abnormalities visible on diagnostic imaging.   The effects of persistent pain may include difficulties with concentration, sleep, emotional functioning, and the ability to maintain normal activities.  In appropriate circumstances, qualified professionals treating those problems may provide relevant evidence concerning their nature and consequences.

The witness must be qualified to address the particular issue, and the testimony must remain within that professional’s expertise.

For a person experiencing chronic pain after a car wreck, the decision demonstrates why evidence from physicians and other appropriately qualified treating professionals may be vital.

Can the Jury Reject My Complaints of Chronic Pain?

Yes, when the evidence permits a reasonable dispute concerning the existence or cause of the claimed condition.

In Pacheco v. Paulson, 472 So. 2d 980 (Ala. 1985), a woman developed neck pain after a relatively minor rear-end collision.  She received medical treatment and later participated in a pain-management program. Diagnostic testing did not identify an objective physical explanation for her continuing complaints.

The defendant acknowledged that the vehicles collided, but the evidence disputed whether the accident caused the plaintiff’s continuing pain, and the jury returned a defense verdict.  The Alabama Supreme Court affirmed, explaining that the jury could reasonably have concluded that the defendant’s negligence did not cause the claimed injury or that the subsequent pain was not proximately caused by the collision.

This is why chronic pain cases require careful preparation.  The plaintiff’s testimony matters, but the medical records, treatment history, and evidence of causation may determine whether the claim is persuasive.

How Can I Demonstrate That Chronic Pain Has Changed My Life?

Chronic pain is often difficult to explain because other people cannot directly experience it.  Someone may appear healthy while struggling with activities that were routine before the accident.

A person with persistent lumbar pain may have difficulty sitting through a workday. Someone with chronic cervical pain may have trouble driving, sleeping, or turning the head.

Evidence of these limitations may come from several sources:

• Medical records: Documentation of symptoms, examinations, diagnoses, treatment, and physical restrictions.
• Treating professionals: Testimony explaining the condition, treatment, expected duration, and functional consequences.
• Employment records: Missed work, reduced hours, modified duties, or changes in job performance.
• Family members and coworkers: Observations about activities the injured person performed before the wreck but struggles with afterward.
• The injured person’s testimony: Specific descriptions of how pain affects sleep, household responsibilities, recreation, and everyday activities.

The strongest evidence is usually specific.  Saying that your back hurts constantly may be accurate. Explaining that you can no longer sit through a two-hour drive without stopping, lift your grandchildren, or complete an ordinary work shift may help a jury understand the practical consequences.

The goal is not to exaggerate symptoms. It is to accurately demonstrate how the condition affects daily life.

What If Chronic Pain Prevents Me From Returning to Work?

For some people, the greatest financial consequence of chronic pain is the loss of the ability to perform their former occupation.  Consider a truck driver who develops persistent neck and shoulder pain after a collision.

The driver may be capable of performing ordinary daily activities but unable to tolerate the prolonged sitting, vibration, and physical demands of commercial driving.

A construction worker with chronic lumbar pain may be unable to lift heavy materials or repeatedly bend and twist.

A nurse may be unable to transfer patients or work long shifts on her feet.

In these cases, the evaluation may extend beyond medical expenses and pain and suffering.

If the accident causes permanent physical limitations that reduce the injured person’s ability to earn a living, diminished earning capacity may become an important element of damages.

The evidence must establish both the relationship between the collision and the physical restrictions and the effect of those restrictions on the person’s ability to work.  Medical opinions, employment history, earnings records, and vocational evidence may all be relevant.

Can I Recover Compensation for Future Pain and Medical Treatment?

Potentially, yes.

If the evidence establishes that accident-related pain is likely to continue, future pain and suffering may be considered in determining damages.  Future medical expenses may also be recoverable when supported by evidence establishing that the treatment is reasonably necessary because of the collision and its anticipated cost.

For example, a physician may recommend continuing pain-management treatment, medication, injections, or another course of care.

The claim must be supported by more than speculation that additional treatment might someday be necessary.  The nature of the condition, medical prognosis, recommended treatment, and anticipated expenses all matter.

What If I Had Chronic Pain Before the Car Wreck?

A preexisting pain condition does not necessarily prevent recovery.  An automobile accident may aggravate an existing condition or cause new symptoms that substantially increase a person’s limitations; however, the injured person must establish what harm was caused by the collision rather than attributing every preexisting problem to the accident.

Prior medical records may be especially important.

For example, a person may have received occasional treatment for back pain before the collision but continued working full time without significant restrictions, but following the collision, the person may develop persistent radiating pain, require additional treatment, and become unable to perform the same job.  That before-and-after comparison may help establish the extent to which the accident worsened the condition.

We discuss the governing Alabama principles more fully in our separate article, “What If I Had a Preexisting Injury Before My Alabama Car Wreck?”

Talk With an Alabama Car Wreck Lawyer

If you continue to experience pain after an Alabama automobile accident, the insurance company may dispute whether your symptoms were caused by the collision or whether they justify additional compensation.

At Powell & Denny, P.C., we help injured Alabamians evaluate personal-injury claims involving disputed medical causation, preexisting conditions, permanent restrictions, and loss of earning capacity.  We also understand how serious injuries can affect an individual’s ability to return to work and may raise related workers’ compensation or Social Security Disability questions, so if you or a loved one has been injured in an Alabama car wreck and you have questions about what to do— don’t hesitate to contact and speak with one of the experienced Alabama Car Wreck attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you win.

Powell & Denny: We Work When You Can’t.

Recommended Reading

• The Insurance Company Says the Car Wreck Didn’t Cause My Injury. How Do I Prove It Did?
• Can a Gap in Medical Treatment Hurt My Alabama Car Wreck Case?
• What Damages Can I Recover After a Car Wreck in Alabama?