What are the elements of chronic pain syndrome?

Nova Scotia, Canada


The following excerpt is from Hollett v. Yeager, 2014 NSSC 207 (CanLII):

Freeman, J.A. in Slawter v. White, [1996] N.S.J. No. 122 discussed the components of chronic pain at para. 84: It appears from the evidence that for the purpose of determining damages, chronic pain syndrome consists of three elements: 1. Physical injuries suffered in a tortious accident which do not account for the degree of disability complained of by the plaintiff and, indeed, which may have wholly healed without continuing disabling effect. 2. Continuing physical discomfort from causes secondary to the original injury, which may include cramping, atrophy, shortening or other stresses in the affected muscles and tendons resulting from inactivity during and following the healing process. 3. A psychological overlay, in which depression and anxiety may be factors, resulting in exaggerated symptoms and pain or other sensations such as numbness which may be wholly psychosomatic in origin. In such cases the challenge lies in determining the limits of the Defendant’s just duty to compensate in damages.

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