Chronic Pain

Increasingly, insurers are presented with claimants suffering from so-called ‘invisible diseases’; chronic pain syndrome, somatoform disorder, fibromyalgia, complex regional pain syndrome and chronic fatigue syndrome.

A cursory glance at the quantum law reports reveals that such claims can result in very considerable damages and excessive costs. At Greenwoods, we handle claims with a range of pleaded values from the modest to the substantial. No matter what the value of the claim, we keep a keen eye on cost control. Where cases are genuine, we ensure matters are concluded at an appropriate level at the earliest opportunity with a commercial outcome paramount.

In this area however, there is much potential for overstatement of pain and functional limitation. Greenwoods has an excellent track record in identifying and defending exaggerated claims. We aim to identify “chronic pain cases” as early as possible and conduct a detailed investigation to ensure any areas of overstatement are revealed. We seek comprehensive disclosure from the claimant for forensic analysis and aim to deploy the right discipline and number of experts for the case, bringing the appropriate clinical consideration in order to achieve the best possible outcome.

In cases in which we expose exaggeration we will, where appropriate pursue the claimant for costs and/or will seek to commence committal proceedings in the High Court for any Contempt.

Please contact:

John Lezemore - Associate Partner