Damages for CRPS in a Personal Injury Claim
Complex Regional Pain Syndrome (CRPS) is a debilitating condition that can arise after a traumatic injury or even surgery to treat the injury. Characterized by severe pain and other symptoms such as burning, numbness, swelling, changes in skin color or texture, limited mobility and others, CRPS adversely impacts a person’s quality of life and causes functional impairment, loss and disability. Below we discuss some of the different forms of compensation that may be available to personal injury victims who suffer from CRPS resulting from injury caused by another’s negligence. For detailed consultation, advice and skilled representation related to your specific injuries in Texas or nationwide, contact Gilbert Adams Law Offices in Beaumont to review your case with an experienced and successful Texas CRPS injury lawyer.
What Is CRPS?
CRPS is a chronic pain condition that usually affects an extremity such as an arm or a leg after an injury. It is classified into two types:
- CRPS-I: Occurring without nerve injury.
- CRPS-II: Occurring with a confirmed nerve injury.
Symptoms include persistent pain, burning, numbness, sensitivity to touch, swelling, joint stiffness, and skin changes. These symptoms can range from mild to severe and sometimes worsen over time, making CRPS a condition with life-altering consequences and large damages.
How CRPS Impacts Personal Injury Claims
CRPS is sometimes referred to as an “invisible injury.” Unlike fractures, CRPS doesn’t show up on imaging tests such as an X-ray, making CRPS easier for the defense to challenge. It is a condition that can be challenging to prove. However, having legal representation experienced in handling CRPS injuries, your recovery is more likely to be enhanced and have greater consistency with the negative impact that CRPS can have not only presently in your life but which often persists for the foreseeable future.
Damages You Can Recover for CRPS
If you suffer from CRPS due to another party’s negligence, including necessary medical treatment to treat your injuries, you may be entitled to compensation for damages, including:
1. Medical Expenses
CRPS often requires life-long medical treatment, including:
- Pain management (medications, injections, or implanted devices)
- Psychological counseling to address depression and anxiety associated with chronic pain
- Physical therapy to reduce pain and improve mobility and function
2. Lost Wages and Earning Capacity
CRPS can prevent you from returning to work or limit your ability to perform your job resulting in lost wages and limiting your capacity to return to your old job and potentially any type of work in the future. You may potentially be entitled to recover damages for:
- Lost wages or income
- Loss of earning capacity into the future if CRPS permanently impacts your ability to work
3. Pain and Suffering and Mental Anguish
Chronic pain, physical impairment and emotional distress caused by CRPS are non-economic damages significant in your claim. Pain and suffering damages aim to compensate for the physical hurt, pain, loss and limitation, and Mental Anguish damages are recognized by Texas law as that mental and emotional harm that results from the ripple effects of your injuries and and the emotional toll CRPS takes on your life.
4. Loss of Enjoyment of Life and Physical Impairment
CRPS likely affects your ability to enjoy activities you once loved and diminishes your overall quality of life, which Texas law recognizes as damages for Physical Impairment.
5. Future Medical Expenses
CRPS is often a lifelong condition. Your claim should account for future medical care, assistive devices, and other medical expenses you are likely to incur in connection with proper and adequate treatment for CRPS.
Proving CRPS in a Personal Injury Case
To recover damages for CRPS, you must establish that CRPS was legally caused by the injury which the Defendant caused. Key elements include:
- Medical Evidence: Diagnoses from specialists such as neurologists, neurosurgeons or pain management doctors.
- Expert Testimony: Opinions from medical and vocational experts explaining how your CRPS resulted from your injuries and the damages resulting therefrom.
- Medical Records and Thorough Documentation: Detailed records of your symptoms, treatments, and the impact on your daily and limitations resulting therefrom.
How Gilbert Adams Law Offices Can Help
At Gilbert Adams Law Offices, we are experienced in representing victims of CRPS and understand the medical and legal challenges CRPS victims face. We are committed to securing maximum compensation for clients, not only for the past and present but also over the course of the remainder of their lives. With decades of experience handling personal injury claims across Southeast Texas and statewide, our firm has the knowledge and resources to build a strong case on your behalf.
If you or a loved one is suffering from CRPS after an injury caused by another party’s negligence or misconduct, contact us today at 409-835-3000 for a free consultation. Let us help you fight for the compensation you deserve.
