Evaluating and Presenting Claims for Pain That Is Difficult to Diagnose

Fibromyalgia is a controversial diagnosis for explaining chronic pain that lasts longer or is more intense than one would typically expect from the nature of the injuries or trauma suffered in an accident. Medical science has yet to develop a consensus as to the causes or most effective treatments for fibromyalgia.

In cases involving fibromyalgia or chronic pain syndrome, it is not uncommon for ICBC or other insurers to resist payment for claims related to fibromyalgia without proper documentation and qualified expert testimony that supports the injury claim and relates its cause to the accident in question. The personal injury lawyers at Murphy Battista LLP have extensive experience with the investigation and proof of chronic pain claims as an element of damages in accident compensation cases.

Chronic Pain Syndrome Lawyers

Our law firm works with people throughout British Columbia and Western Canada to help chronic pain sufferers discover the causes of their problems, get access to the most effective treatments available, and recover compensation for any continuing pain problems that we can prove resulted from the negligence of someone else.

In fibromyalgia cases, this sequence of proof is usually difficult and always met with stiff resistance. Nevertheless, our experience with the proof of damages covers the difficult and disputed claims as well as the easy ones. Even more important than the chance to recover compensation, however, is the opportunity to work with an outstanding legal and medical team to find answers to your questions about what to do for chronic and debilitating pain, fatigue and discomfort.

For more information about the ways we can help you if you think that your chronic problems with fibromyalgia or other pain disorders resulted from a motor vehicle accident or other form of negligence, contact Murphy Battista for a free consultation.

Insights

Chronic Pain: Family and Friends Matter

October 19, 2015

Keri Grenier may be new to Murphy Battista LLP’s Kelowna office but she’s been helping injured clients deal with issues like chronic pain for many years. Keri’s latest INJURYwise column, “The Chronic Pain Effect,” addresses the compensation available for injured people suffering from chronic pain and the seeming anomaly that…

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Invisible injuries and the prejudice against chronic pain sufferers

March 2, 2014

Plaintiffs with “invisible injuries” are almost always faced with Chief Justice McEachern’s comments from over 30 years ago in Price v. Kostryba, 1982 CanLII 36 (BC SC).  There, the learned judge stated that courts “should be exceedingly careful when there is little or no objective evidence of continuing injury and…

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Proud to Support Pain BC

September 16, 2016

Murphy Battista LLP is proud to be sponsoring three upcoming webinars presented by Pain BC. Pain BC webinars are updated monthly and led by clinicians who deal with topics relevant to people suffering with the burden of chronic pain. Pain BC is a non-profit, volunteer-driven organization that seeks to reduce…

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The Plaintiff’s Credibility – Facebook Tactics

March 20, 2014

Reasons for judgment today from Madam Justice Griffin following an 11-day trial in J.D. v. Chandra; J.D. v. Collier, 2014 BCSC 466.  The plaintiff was injured in car accidents in 2006 and 2010.  She was 17 at the time of the first accident.  By the time of trial, she was…

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Trial Results

Disclaimer: The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.

The Plaintiff was injured in a motor vehicle collision. She was ultimately diagnosed with fibromyalgia. At trial she was represented by David Kolb and Mr. Cameron. The trial judge awarded significant damages for diminished earning capacity despite the Plaintiff having been diligent and not missing any work up to the time of trial.
ICBC appealed arguing that the Judge erred in awarding these damages because the judge relied on “common experience that a person with a stable but persistent energy-draining (missing something) ICBC argued that this was speculative and there was no evidence to suggest this is so. While the Plaintiff’s total damages were reduced slightly at the appeal to $475,000, the BC Court of Appeal was quick to dismiss the above argument finding it was simply a matter of common sense that chronic pain takes its toll. In doing so the Court provided the following reasons:[41] Accepting that, to use the expression used at trial and at the hearing of this appeal, Ms. Morlan’s condition had “plateaued”, the fact remains that she would forever suffer from debilitating chronic pain along with headaches, symptoms that could be reduced, but not eliminated, by medication. In other words, throughout each and every day of her life, Ms. Morlan would have to cope with some level of discomfort. In my view, it was open to the trial judge to find—essentially as a matter of common sense—that constant and continuous pain takes its toll and that, over time, such pain will have a detrimental effect on a person’s ability to work, regardless of what accommodations an employer is prepared to make.The Plaintiff was represented at trial by Mr. David Kolb and Mr. Cameron. Her appeal was conducted by Mr. Kolb, Mr. Cameron and senior appeal counsel, Mr. Barry Fraser.

CM was 46 years of age when involved in two motor vehicle accidents. She had worked steadily for 30 years before the accidents and had been very healthy. She was a high energy, motivated individual in all aspects of her life before the accidents. After the accidents she had to seek employment in a less demanding job and leaving a job she loved was a huge blow for her. After the accidents she was a different woman. Her energy was very low compared to what it was before. She developed fibromyalgia and was in constant pain, made endurable by taking large amounts of painkillers and nerve block drugs. ICBC offered to settle her case for $150,000 before trial. Mr. Cameron assisted Mr. David Kolb and took CM’s case to trial, where she was awarded $610,000 in damages.

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