Is Chronic Pain a Disability in California?
If you were hurt in an accident, you likely suffered significant pain related to your injury. While many instances of pain fade with treatment and recovery, some people endure persistent pain that can impact their lives. This chronic pain can often be debilitating, calling into question question if people who suffer from chronic pain are owed disability. In California, the answer is yes, but only in specific situations. Read on to learn more!
What is Chronic Pain?
Chronic pain is a term used to describe pain that occurs frequently and for a long period of time. This pain may even last the rest of your life. The pain is typically severe, causing disruptions to your daily life and may impact your ability to do normal things like driving, walking, or working. Chronic pain should always be discussed with your doctor, especially if it continues after your recovery from your injury is complete. A personal injury lawyer in California can also use medical records referencing chronic pain and any personal pain journaling to identify if your pain qualifies for compensation.
What Qualifies as a Disability?
In California, a disability as the government recognizes it must fulfill a few specific requirements before a person can collect disability insurance payments to help with bills. According to the California Employment Development Department, you may qualify for disability insurance payments if:
- You can’t work for at least eight days
- You lost income because of your disability
- You’re looking for work when your disability happens
- You earned at least $300 with disability insurance deducted from your paycheck
Generally, California considers any physical or mental ailment that makes it difficult or impossible to work or function a disability.
Can a Personal Injury Lawyer in California Help Me File?
Personal injury lawyers in California are great resources to help you file a personal injury claim to hold parties accountable for the accident that caused your chronic pain. However, they are not able to assist with filing for disability insurance payments. That said, personal injury attorneys can collect evidence that will both support your personal injury claim and your disability insurance application. You will, however, need a medical professional who will speak to your inability to work due to the chronic pain.
Frequently Asked Questions
Which illnesses or injuries automatically qualify you for disability?
There are not ailments that automatically qualify you for disability. Regardless of what your diagnosis is, you still need to prove that your injury or ailment negatively affects your ability to work or live independently.
Do any illnesses disqualify you for disability?
The only ailments that do not qualify for disability are addiction to alcohol, drugs, or other substances. However, injuries or illnesses that arise because of the addiction can and do qualify oftentimes.
Can I still collect disability if I’m bringing a personal injury lawsuit?
Yes! Personal injury lawsuits can sometimes take many months or years to resolve, depending on how complex the case is. During this time, you still need financial support to pay bills and living expenses. Disability insurance is one way to help yourself survive during this time. The California personal injury lawyers at BD&J can also provide cash advances to help pay your bills while you’re waiting for your case to resolve.
How long do I have to bring a personal injury lawsuit in California?
Personal injury lawsuits in California must be brought within a strict statute of limitations of two years since the accident. If you believe you may have a personal injury case, it’s important to contact a California personal injury attorney as soon as possible to ensure you are within that two-year limit.
Is there a cap on pain and suffering in California?
No, there is no cap on pain and suffering awards in personal injury cases in California, except in medical malpractice claims. Pain and suffering is one of the few areas of compensation that clients can see truly huge returns on beyond medical bills. Those who suffer from chronic pain are uniquely positioned to demand as much as is reasonable to manage their pain for months or years.
How to Retain an Experienced Personal Injury Attorney in California
Personal injury attorneys are a dime a dozen in California, so it can be difficult to understand which ones are right for you. The right attorney can make or break your case, so use this guide to ensure your choice is the right one to help you bring justice.
- Check for great results on a potential personal injury lawyer’s website. Many attorneys post their case results on their websites to demonstrate their ability to be successful. However, if an attorney has only low award amounts, it could be a sign they’re accepting low-balled offers too quickly or aren’t great negotiators.
- Read the reviews of real clients. Every attorney will have some bad reviews from frustrated clients, but if the overwhelming majority are positive, you could have a gem. Pay special attention to attorneys who are purportedly great communicators and are kind to their clients. Client experience is of the utmost importance!
- Schedule a free consultation with your potential personal injury attorneys. Meeting a California personal injury lawyer is the final step to ensure you work well together. This is your chance to get to know them, see how they work, and gauge if they have your best interests at heart.
Helping Thousands Get Back on Their Feet
Personal injury attorneys in California like those at BD&J are skilled in negotiation, investigation, and client experience. If you’re suffering from chronic pain, you deserve relief! BD&J can help you fight for the maximum recovery possible to ensure you have what you need to seek medical care and treatment for your pain. We’ve proudly claimed more than $2 billion* for our clients. Call us 24/7 to schedule a free consultation. You pay nothing upfront!
