Tag Archives: injury compensation

Life with Chronic Pain can Cause Depression

Life with chronic or long-term pain is difficult and the depression that can accompany long-term pain makes it even worse. “Depression magnifies pain. It makes everyday living more difficult.”[1] Pain is considered chronic or long-term when it lasts beyond what would be expected from the original injury. This kind of pain can cause low energy, depression, and unusually high levels of stress hormones.[2]

Chronic pain can also disrupt sleep and make you more sensitive to other pain. You may even start to hurt in areas that used to feel fine. According to the American Pain Foundation, research shows that around 32 million people in the United States report pain that has lasted for a year or more – that means that one in ten Americans report chronic or long-term pain. Between 25 and 50% of those who talk to their doctors about long-term pain are clinically depressed.[3]

“People with chronic pain have three times the average risk of developing psychiatric symptoms — usually mood or anxiety disorders — and depressed patients have three times the average risk of developing chronic pain.”[4]

Life with Chronic Pain can Cause Depression

“Pain provokes an emotional response in everyone. If you have pain, you may also have anxiety, irritability, and agitation. These are normal feelings when you’re hurting. Usually, as pain subsides, so does the stressful response. But with chronic pain, you may feel constantly tense and stressed. Over time, the stress can result in different emotional problems associated with depression. Some of the problems individuals with both chronic pain and depression have include:”

  • Altered mood
  • Chronic anxiety
  • Decreased self-esteem
  • Family stress
  • Fatigue
  • Fear of injury
  • Financial concerns
  • Physical deconditioning
  • Reduced sexual interest and activity
  • Sleep disturbances
  • Social isolation
  • Weight gain or loss[5]

“Researchers once thought the relationship between pain, anxiety, and depression resulted mainly from psychological rather than biological factors. Chronic pain is depressing, and likewise major depression may feel physically painful. But as researchers have learned more about how the brain works, and how the nervous system interacts with other parts of the body, they have discovered that pain shares some biological mechanisms with anxiety and depression.”[6]

The combination of depression and pain is reflected in the circuitry of the nervous system. Pain goes both ways between the body and the brain. Normally, the brain interrupts the signals of physical discomfort so that we can function. When this shutoff valve is broken, physical sensations, including pain, are more likely to become the center of attention. The pathways of the brain that handle pain, including the brain’s center of emotion, use some of the same pathways for regulating mood. When regulation fails, pain is intensified along with sadness, hopelessness, and anxiety. And chronic pain, like chronic depression, can alter the functioning of the nervous system and make itself worse in a continuing cycle.[7]

From a common-sense view point, “’we know that simply having a bad headache or back pain for a day can affect our mood. Imagine having that pain every day for six months. It’s actually quite reasonable to expect anxiety and depression with chronic pain,’ says pain management specialist Hersimren Basi, MD.”[8]

If you have pain and depression because of an injury as the result of a someone else’s negligence, see a doctor, and, as always, please call Groth Law Firm, S.C. with any questions.  We are available 24/7 to discuss your options as the victim of negligence. Our initial consultations are always free.

Disclaimer: This article is for informational purposes only. It is not legal advice and should not be used as legal advice. It is not medical advice and should not be used as medical advice. The legal statutes, laws, and procedures contained in this article may not be current and may have been revised since the time of publication or contain errors. An attorney can provide legal guidance only after reviewing the details of your individual case.

[1] https://www.webmd.com/depression/guide/depression-chronic-pain#1

[2] https://www.webmd.com/depression/guide/depression-chronic-pain#1

[3] https://www.webmd.com/depression/guide/depression-chronic-pain#1

[4] https://www.health.harvard.edu/mind-and-mood/depression-and-pain

[5] https://www.webmd.com/depression/guide/depression-chronic-pain#1

[6] https://www.health.harvard.edu/healthbeat/the-pain-anxiety-depression-connection

[7] https://www.health.harvard.edu/mind-and-mood/depression-and-pain

[8] https://health.clevelandclinic.org/2017/08/why-chronic-pain-brings-you-down-how-to-feel-better/

$2.15 Million

You don’t want to be a $2.15 million victim.

I’ll get a call once in a while from someone who sees a television ad from a certain law firm(s).  The question or comment goes something like this, “That guy on tv is a client of Attorney X and he got  $500,000.00.  I’m hurt, if you can’t get me $500,000.00 then I’ll just go to Attorney X.”

My usual response is you don’t want to be that $500,000.00 client. And, depending on the type of injuries a jury would not award that amount of money no matter who your attorney is.

It is always odd to talk about the value of an injury.  Only the victim truly knows the effects of her/his injury.  Our system of civil justice uses money as a way to compensate victims for pain, suffering, lost wages, inconvenience and medical expenses.

A $500,000.00 case means you are very seriously injured.

It’s important to talk with a lawyer about what the law allows a victim to recover.   Not all cases are the same.  I think it is a little misleading to put someone on television who looks as healthy as can be and say that that person received a very large settlement.  Especially, when the fine print on the screen says “actor portrayal” or something like that.

For example, I recently settled a claim for $2.15 million dollars.  The victim was a young boy who lost his arm in a collision.  The at-fault driver stole her grandmother’s car and went for a joy ride.  A residual of Cocaine was found in her system after the crash.  Also, she was not on certain drugs that were prescribed to her.  The settlement included compensatory and punitive damages.

Anyone reading this would NOT want to be that victim.

Do your research before hiring an attorney.  Hire an attorney based upon a referral, research and a long conversation about the claim.

If you have questions about the value of your claim feel free to contact me at 800-950-9882.  I’d be happy to discuss your situation.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Cascade, Lomira, Janesville and Wauwatosa.

Injury at Work

I was asked recently about a worker’s compensation question.  For full disclosure I handle only workplace injuries against third parties.  For example, if you are driving a work vehicle and involved in a car accident I would help you obtain compensation for pain and suffering, mileage to the doctor, doctors bills, property damage, rental vehicle and lost wages etc. This claim is against the at fault driver, i.e. the third party.

In addition to the claim against the at fault driver the injured person has a claim with workers compensation insurance.  These types of claims are called first party claims.  I don’t handle these.  But, I work with attorneys across Wisconsin who do a great job.

Anyway, the question was whether an employer can force an employee to sign a contract to waive any worker’s compensation benefits.

This is what I found from Wisconsin’s Office of the Commissioner of Insurance:

An employer subject to the Act may not withhold or
collect any money from employees or any other
person, including independent contractors and
subcontractors, to pay for worker’s compensation
insurance. To do so is illegal. Also, no agreement by
an employee waiving rights to compensation is valid
.
[s. 102.16 (3) and 102.16 (5), Wis. Stat.]

I hope this answers your question!

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, West AllisSheboygan,  Plymouth,  and Germantown.

If you’d like to submit a question or case please complete a case submission form.

AIG Insurance

I’ve received a number of calls from clients and potential clients asking about AIG’s financial situation and the federal government’s loan.

If you have auto insurance through AIG or if you were injured because of someone else’s negligence and they have AIG I’d recommend you read this article from WSJ.com.

Specifically:

AIG’s millions of insurance policyholders appear to be considerably less at risk. That’s because of how the company is structured and regulated. Its insurance policies are issued by separate subsidiaries of AIG, highly regulated units that have assets available to pay claims. In the U.S., those assets can’t be shifted out of the subsidiaries without regulatory approval, and insurance is also regulated strictly abroad.

I’m certainly no Wall Street expert but I think the Wall Street Journal’s writers know their stuff. 

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Kansasville, Marinette, Milton and Wauwatosa.