Complex regional pain syndrome (“CRPS”), also known as reflex sympathetic dystrophy (“RSD”), is a chronic pain condition that is characterized by sharp localized pain or burning paint that usually affects an arm or a leg. CRPS often develops after the occurrence of a serious injury, a surgery, a stroke, or a heart attack. Personal injury cases involving a car accident are often linked to CRPS.
With regard to the severity of pain involved with CPRS, the pain is generally out of proportion to the severity of the initial injury, which makes the syndrome complex to understand and treat. As such, complex regional pain syndrome can heavily affect the individual that has the syndrome’s quality of life, as the pain condition limits their ability to perform activities of daily living.
Examples of common symptoms of CRPS can include:
- Intense burning or throbbing pain that is both chronic in nature and ongoing;
- Swelling or stiffness of limbs or joints;
- Discoloration or a change in the temperature of the skin;
- High temperatures;
- Muscle spasms;
- Increased or abnormal sweating;
- Hypersensitivity to touch; and/or
- A decreased ability to move the affected body part.
Who Can Be Held Liable for CRPS Injuries?
As far as who can be held liable for CRPS injuries, each case of CRPS is different. In most cases, liability for CPRS injuries or conditions can be traced directly to a specific incident that resulted in the CRPS manifesting. Then, if this incident was caused as a result of the negligent or reckless actions of another party, that specific party may then be held liable for the resulting CRPS injuries.
Negligence is the duty placed on individuals to act in a reasonable manner in order to avoid causing injuries to others. If a person fails to act reasonably and, through this failure, causes harm to the person or property of another, then they are considered to have committed negligence.
It is important to note that the exact legal elements required for an individual to be successful in a personal injury claim for CRPS will differ from state to state. In general, the following four legal elements must be satisfied in order to prove negligence in a car accident claim that resulted in CRPS injuries:
- Duty of Care: The defendant must owe the plaintiff a duty of care.
- According to driving laws, all drivers owe other drivers the duty to drive safely, as well as to obey all traffic laws at all times;
- Breach of Duty: Next the plaintiff must show that the defendant breached their duty to drive safely.
- For example, if the defendant failed to obey traffic signs, this would be considered a breach of the duty of care;
- Causation: The plaintiff then must prove that the defendant’s breach is what actually caused their injuries.
- In other words, if the defendant did not actually cause the injuries, they are unlikely to be held liable for negligence; and
- Damages: Finally, the injured person (i.e. the plaintiff) must be able to calculate the losses and costs that are associated with the injury.
- Plaintiffs will typically make a damages claim that is expressed in a monetary amount. If the plaintiff cannot easily determine their total damage claim in numbers, their damages award may be reduced or outright denied for failure to state a claim.
If all of the above negligence elements are proven, the party responsible for the accident can be held liable for resulting CRPS conditions that were directly caused by the accident.
Other examples of cases which may result in CRPS liability include cases where an industrial disease or work accident is involved. In these cases, the negligent employer may be held liable for their negligent actions or inaction. Liability related to CRPS injuries may also be found in a product defect case, where a manufacturer is held liable for injuries resulting from the defective product being placed in the stream of commerce.
Are There Any Legal Remedies for Complex Regional Pain Syndrome Claims?
In short, yes, any injured person (i.e. a plaintiff) may hold the party responsible for their injury liable. Then, if the plaintiff is able to prove their case against the party that was responsible for the injuries related to CRPS, then they will be able to seek and prove up a damages award to help them recover for their injuries.
Once again, a damage award is a specific monetary amount that is intended to reimburse the injured person for any losses that they suffered as a result of the action that injured them. Examples of common damage claims that are included in cases involving CRPS injuries may include, but is not limited to:
- Hospital bills, including the cost of stay and treatments performed on the plaintiff during their stay;
- Treatments that are necessary to treat the manifestation of the adverse effects of CRPS that resulted from the incident;
- Lost wages or lost earning capacity; and/or
- Pharmaceutical costs.
In especially serious cases, a plaintiff may also recover punitive damages if the other party’s actions or inaction was willful and malicious. For example, if the party responsible for the incident that resulted in the CRPS manifesting, intentionally ran their vehicle into the plaintiff, then the court may order punitive damages in order to punish that party. Importantly, the availability of punitive damages varies from state to state.
What Is the Average Settlement Amount for CRPS Lawsuit?
Once again, the nature and severity of each individual person’s manifestation of CRPS is unique to that individual. Further, each individual personal injury case is unique. As such, the average settlement amount for a lawsuit related to CCRPS will vary depending on the extent of CRPS injuries.
In general, the average settlement value of CRPS in a personal injury lawsuit is between $5,000 to $100,000 representing the amount of monetary funds necessary to restore the plaintiff to their medical condition prior to the occurrence of the accident.
However, as mentioned above, the settlement amount can be much higher in cases where the CRPS injury is severe and the patient’s quality of life is significantly impacted or in cases in which the defendant is found to have intentionally caused the incident.
For instance, in a car collision case where a driver suffered severe arm and leg injuries due to a third party intentionally crashing their vehicle into the plaintiff’s vehicle, the damages awarded by a court may be higher than a settlement amount. Settlement amounts may also be higher in cases involving defective products.
However, each settlement amount for CRPS injuries will vary widely depending on the specific facts of each individual case. As such, an attorney may be needed to ensure a full recovery of damages.
Do I Need a Lawyer for Help with a Complex Regional Pain Syndrome (CRPS) Lawsuit?
If you were involved in an accident that was caused by another person that resulted in CRPS developing, it may be in your best interests to consult with an experienced personal injury lawyer. Your personal injury lawyer can help you understand your legal rights and options according to your state’s specific personal injury laws.
Additionally, a CRPS lawyer will be knowledgeable as to how to properly initiate a civil lawsuit against the party responsible for your CRPS injuries, and help you gather the evidence necessary to prove your damage claim. Finally, your personal injury lawyer will also be able to represent you in court, as needed.
