header-logo header-logo

Insurance surgery: Growing pains

19 December 2014 / David Johnson , Rebecca Blythe
Categories: Features , Insurance surgery
printer mail-detail

David Johnson & Rebecca Blythe examine the ever growing phenomena of chronic pain claims & the challenges that they throw up for insurance litigators

It has always been the case that personal injury claims handlers need a rudimentary understanding of medical conditions and emerging new medical terminology. However, of late, particular challenges have arisen around the emergence of chronic pain claims.

“Chronic pain conditions” involve pain symptoms continuing to be reported more than three months beyond the date of resolution of the injury giving rise to the pain the first place. The range of conditions that may then be cited as an explanation for that single scenario are quite diverse and demand subtly different approaches.

Scope of the problem

The condition most often associated with chronic pain claims is Complex Regional Pain Syndrome (CRPS). Type I involves no demonstrable nerve damage. Type II involves demonstrable nerve damage. It is a physically evident syndrome, diagnosed according to the Budapest criteria. 

Where CRPS is not made out, the emphasis often turns towards

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll