Although the pain suffered is extremely real to a sufferer of complex regional pain syndrome/reflex sympathetic dystrophy (CRPS/RSD), it can be very hard to prove, particularly in court.
Some of the difficulties that CRPS/RSD sufferers may encounter if they file a personal injury claim to recover damages include:
Lack of Understanding
CRPS/RSD is a poorly understood condition. When pursuing a personal injury case, it is very important to choose the right experts to examine the plaintiff and prepare a report regarding their condition. Such an expert:
- Possesses a solid knowledge of CRPS/RSD.
- Understand the immediate and long-term consequences of the condition.
- Appreciate the ongoing medical care and medication needs that most CRPS/RSD patients have.
Delay in Diagnosis
Because CRPS/RSD is often caused by a relatively minor injury, many times the connection will not be made between the injury and CRPS/RSD until much later. When considering a claim for damages, the claim must be brought within a specific time frame relative to when the injury occurred, and this may be difficult to do when the injured person is unaware of the root cause of his pain, which is often revealed only after a lengthy diagnostic process involving multiple physicians and specialists.
Stigma
There is a great deal of misinformation surrounding CRPS/RSD, even among the medical community, and a degree of stigma remains. Physicians will sometimes come to the conclusion that the symptoms can be attributed to another preexisting condition or decide that the individual is malingering, has psychological difficulties, or is vulnerable to develop the condition in some other way.
Choosing an attorney to handle your personal injury claim is always an important decision, particularly when you are suffering from an accident-related condition like CRPS/RSD. The attorneys at McLarty Pope focus their practice on CRPS/RSD related claims, and will present your evidence in the best light possible to enable you to obtain maximum compensation for the painful damages you have suffered.
A trial lawyer for over 20 years, Bryan Pope is dedicated to fighting for justice while defending the rights of his clients. Bryan's influence often goes further—helping clients to navigate life-altering events and overwhelming grief. In addition to other areas of practice, Bryan specializes in helping sufferers of CRPS/RSD—a debilitating condition in which his in-depth knowledge enables him to lecture to other lawyers around the nation while also serving as a current chair for a CRPS/RSD organization.
2 Comments
Julie Ann Frazier
Thank you for talking about RSD/CRPS as someone who has it I know firsthand the ignorance related to its existence. In fact prior to my auto accident I would have thought it was in their head...well it's very real and the ignorance exists with many doctors as well to its full impact on the lives of patients with this debilitating syndrome. I'm sure this makes it hard to assert claims as well if their own doctor can't say what it is doing to them...well you know this end of things better than I do
Angelica Heavner
As a CRPS/RSD Patient and one who was injured by a hospital I can attest to make sure you have very good records and an attorney. I did and won my case but the jury choose low amounts for stupid reasons.
I do have a question though. At no time did I sign anything saying I would not go after them for any more. Since the court case I have had some new issues. We also did not go after them for my husband or kids. My husband lost days of work as well as my daughter to help me. Both my boys have had to juggle their lives to help me. Can we still go after them for their loss?
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