Chronic pain syndrome after an accident: right to compensation

13 September 2025
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Chronic pain syndrome after an accident: right to compensation

After an accident, pain may initially seem temporary. However, some victims develop a chronic pain syndrome: long-lasting or even permanent pain symptoms that severely affect daily life. This can lead to limitations in work, household tasks, and social activities.

At Arslan Advocaten we have extensive experience with personal injury cases in which chronic pain plays a central role. We ensure that your symptoms are taken seriously and that you receive the compensation to which you are entitled.


What is chronic pain syndrome?

Chronic pain syndrome is a condition in which pain symptoms persist, even after the original injury has healed or cannot be adequately explained medically. It is often seen after:

  • Traffic accidents (for example, whiplash or back injury)

  • Workplace accidents (such as falls or heavy lifting)

  • Medical errors

  • Other traumatic events

Characteristics of chronic pain syndrome

  • Pain that lasts longer than 3 to 6 months

  • Often no clear physical cause can be found

  • Fatigue and sleep problems

  • Concentration and memory problems

  • Limitations in work and daily activities

  • Psychological impact, such as anxiety or depressive symptoms


Disputes with insurers

Chronic pain syndrome often leads to disputes with insurers. Frequently heard arguments are:

  • “The symptoms are subjective and not medically demonstrable.”

  • “The pain is out of proportion to the accident.”

  • “There were already psychological or physical symptoms.”

Nevertheless, case law recognizes that chronic pain syndrome can cause real limitations and therefore qualifies for compensation. Medical reports and testimonies from specialists are of great importance.


Examples from practice

  • Example 1,: A woman developed after a rear-end collision persistent neck and back complaints. Examinations found no clear medical explanation, but she remained severely limited in work and household activities. The judge awarded her compensation because the complaints were consistent and credible.

  • Example 2: A construction worker sustained a knee injury after a fall from scaffolding. The wound healed, but he continued to suffer chronic pain and could no longer perform his work. Thanks to the intervention of Arslan Advocaten he received compensation for loss of income and household assistance.

  • Example 3: A young man developed chronic pain and fatigue after an accident. The insurer disputed the causal link, but after engaging a pain specialist and an occupational expert, liability was nevertheless acknowledged and a substantial compensation was paid out.


Compensation for chronic pain syndrome

With chronic pain syndrome, the damages can be substantial:

  • Medical expenses (treatments, therapies, pain medication)

  • Household help and informal care

  • Loss of income (temporary or permanent, including future losses)

  • Home or transportation modifications

  • Pain and suffering damages for pain, sorrow, and loss of quality of life


Checklist: what to do in case of chronic pain syndrome?

  • 📝 Keep a pain diary with symptoms and limitations.

  • 📂 Collect medical records from GP, physiotherapist, pain clinic and specialists.

  • 📊 Request an independent medical expert assessment .

  • 💼 Keep proof of income loss and additional expenses.

  • 👨‍👩‍👧 Record how daily life has changed (household, hobbies, social contacts).

  • ☎️ Contact a specialized personal injury lawyer in.


Why choose Arslan Advocaten?

  • Years of experience with complex personal injury cases

  • Expertise in cases where complaints are medically difficult to substantiate

  • Collaboration with pain specialists and vocational experts

  • Maximum commitment to a full compensation

  • Free legal assistance: we recover our costs from the liable party


FAQ about chronic pain syndrome and personal injury

1. Do I receive compensation if my pain is not objectively measurable?
Yes, subjective complaints can also be compensated, provided they are consistent, credible, and well documented.

2. How do I prove chronic pain syndrome?
With medical reports, statements from specialists, and a symptom diary.

3. Can I receive compensation for pain and suffering with chronic pain syndrome?
Yes, especially in cases of persistent pain and limitations, compensation for pain and suffering can be an important part of the compensation.

4. What if I can no longer work because of the pain?
Then your loss of income (now and in the future) will be compensated, including pension accrual.

5. Does legal assistance cost me money?
No, the costs of Arslan Advocaten are recovered from the liable party. For you, the assistance is free of charge.

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