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Key Legal Issues in Cases Involving Complex Regional Pain Syndrome (CRPS)

We know several defense arguments that insurance companies and their defense counsel have used to try to devalue the claims of CRPS victims, and we are happy to share.  Defense insurance adjusters and/or their legal counsel have made such arguments in CRPS cases:

  • CRPS claimant’s symptoms were preexisting;
  • CRPS symptoms were not related to the motor vehicle collision at issue;
  • If a physical therapist first diagnoses a CRPS claimant with CRPS, then claimant must not really have CRPS because a physical therapist is unqualified to diagnose such condition, even though claimant was subsequently treated by an orthopaedic specialist who also confirmed and treated claimant over an extended period of time for the CRPS (we beat that argument by getting our highly-respected orthopaedic expert to first confirm the CRPS diagnosis on the record, prove his qualifications to make that determination based on his education and training, and get him to render a contrary opinion on the record, that a physical therapist is indeed qualified to make a CRPS diagnoses due to their education and training);
  • CRPS claimant was particularly susceptible to getting CRPS at some time in their life, due to factors such as age, occupation, genetics, and gender, and defense is ready to assert that any given claimants CRPS came from somewhere other than the collision at issue;
  • CRPS claimant’s doctor that they have treated with is unqualified to make the diagnosis and therefore claimant does not really have CRPS; and
  • Possible bogus contributory negligence claims, without a factual basis, that the CRPS victim was partially at fault for the collision causing the CRPS.

In addition, to overcoming the defense party’s defenses, you will need to consider if you are seeking damages for permanency.  Was an area injured permanently?  If so, with the proper court proof, you may be entitled compensation for permanency, in addition to lost wages.  For more questions about the legal aspects of CRPS cases, please contact our complex regional pain syndrome attorneys.

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