How long does it take to Settle a CRPS Lawsuit?

What is CRPS?

CRPS, or complex regional pain syndrome, is a chronic condition that typically affects your legs or arms, though it can affect other areas of the body in rare instances. Generally, the condition is diagnosed if the patient continues to experience certain symptoms after an injury has healed. Another interesting aspect of CRPS is that the pain does not always correlate with the level of injury. That is, you do not need to have a severe injury to end up with CRPS.

The good news is, CRPS is treatable with early intervention. So please see a doctor right away if you notice the following symptoms:

• Continuous burning sensation in the arm, hand, leg, or foot.
• Continuous throbbing pain in the above mentioned areas.
• Abnormal skin sensitivity to cold temperatures or being touched.
• Continuous swelling of the area that’s in pain.
• Skin temperature fluctuations, like randomly changing between hot and cold.
• Skin color changes, ranging from white, red, and blue, or a blotchy pattern.
• Difference in skin texture, like skin that’s tender, thin, or shiny in the painful area.
• Noticeable changes in nail and hair growth pattern.
• Stiffness and swelling in the joints.
• Muscle tremors and spasm, or atrophy (muscle weakness).
• Limited mobility in the affected area.

If you have been diagnosed with CRPS after an accident that was caused by someone else, please seek legal advice from an experienced personal injury lawyer. The responsible party may be an individual, a business, or a government entity. We will take immediate and aggressive action on your behalf and ensure that you are compensated for the harm you’ve suffered.

Can CRPS be caused by an Accident?

Yes, CRPS is often caused by an accident, primarily car crashes and slip and falls. Over the years, it’s been proven that complex regional pain syndrome is triggered by physical trauma, which causes an imbalance in the central and peripheral nervous systems. Such physical trauma can occur in the form of an injury from crashing into another car or falling down unexpectedly. While just about any injury from one of these accidents can lead to CRPS, the condition is most commonly associated with neck and back injuries.

Can I Sue for CRPS Along with My Other Injuries?

Yes, you can sue for CRPS along with other injuries like broken bones, whiplash, and head injuries. Many people are confused about this, as they believe they can only sue for the injury itself. But chronic pain that results from an injury is its own form of damage, which merits compensation. Keep in mind that you can only file a lawsuit after you’ve attempted to negotiate a settlement with the insurance company. In the upcoming sections, we will explain how long the claims process takes and how to tell when it’s time to file a lawsuit.
Our Recent Verdicts and Settlements

How long does it take to Settle a CRPS Lawsuit for an Auto Accident?

A CRPS lawsuit can take anywhere from 6 months to 2 years to settle. Keep in mind, however, that this is an average timeline based on all our previous cases involving complex regional pain syndrome. In reality, car accidents can be very complicated, and the resulting injuries will be heavily scrutinized by the insurance company. Then, you have to think about CRPS as a separate condition from the injury, and how it only develops in certain people. Thus, claims involving CRPS can take longer to settle than the average lawsuit, though an experienced attorney can help you receive payment as fast as possible.

Cases that take the longest are the ones that go to trial, though most CRPS lawsuits are settled through mediation before the court date. But it can still take a year or more to get to the point of mediation, which is why it can take 2 or more years to settle a CRPS lawsuit.

How long does it take to Settle a CRPS Case for a Slip and Fall Accident?

The average timeline for a case of CRPS after a slip and fall accident is 6 to 12 months. Again, this is an average timeline, and your own case may take less or more time to resolve. In all honesty, many of these cases take a year or more to settle due to the delayed nature of CRPS. This is, after all, a condition that follows an injury, even a minor injury, after someone has been in an accident. Insurance companies like to view things in black and white, so they are likely to dispute conditions that occur after an injury has healed. Furthermore, they may question the existence of CRPS altogether and blow it off as a psychosomatic condition.

If you’re unable to agree on a fair settlement with the insurance company, you can file a lawsuit to recover your economic and non-economic damages. Depending on whether your case goes to trial, it can take 2 or more years to settle your case at this point. In most cases, an experienced accident lawyer can help you negotiate a settlement before the trial date, but it may still take over a year for both sides to agree on a fair amount of damages.

Factors that can Delay the Settlement Process in a CRPS Case

So far, we’ve talked about the “it’s all in your mind” mentality that many people still have when it comes to CRPS. That’s one element that can surely affect how long it will take to settle your lawsuit. But there may be other factors that can prolong your case, such as:

• The other side’s unwillingness to accept liability for the accident.
• If other parties may be at fault (third party liability)
• The amount of non-economic damages, i.e., emotional distress, pain and suffering, etc.
• Disagreements over whether CRPS is the actual cause of your symptoms

That last statement is very important, as more credible research becomes available on complex regional pain syndrome. That means it’s getting more difficult for insurance companies to say victims are faking or exaggerating their pain after an accident. On the other hand, it can still be challenging to prove that you have CRPS in a lawsuit for a slip and fall or car accident. Our attorneys have the necessary skill and knowledge to prove a case of CRPS and ensure that you are fully compensated for your injuries.

How can you Prove a Case of CRPS?

This is an essential question to ask in any lawsuit involving CRPS. Frankly, there’s no single testing method that’s universally approved. Furthermore, a diagnosis is generally achieved by ruling out any other conditions that can explain your symptoms.

In order to diagnose a patient with CRPS, a doctor may conduct the following tests:

• Blood tests to rule out issues like rheumatoid arthritis.
• X-rays to rule out bone / joint issues.
• MRI and other imaging scans to rule our underlying problems with the tissues in your body.
• On-going examinations to check for changes in your skin appearance and temperature.

Undergoing all these tests over a period of time is another factor in the settlement process for a CRPS lawsuit. While it can be tedious, it’s important to gather as much evidence as possible when you are claiming damages for CRPS.

What can I do if the Insurance Company is Stalling on my Payment?

Insurance companies have been known to engage in stall tactics to avoid making payments, or to pressure a claimant into a low settlement. But that isn’t always the case, even it if seems like they’re taking too long to pay out your claim. With any accident, the insurance company will need to investigate the circumstances and make sure that your damages are valid. This can be challenging with CRPS, which is difficult to identify due to its elusive nature. Additionally, the science behind CRPS is ever evolving, and it’s the insurance company’s job to scrutinize the finer points of any injury claim.

However, it’s possible that the insurance company is delaying your claim on purpose, and this is an issue that must be resolved right away. You should first speak with an attorney to determine if the company is acting in bad faith. Then, you can discuss your legal options, which include filing a formal complaint or suing the company for insurance bad faith. To learn more about your rights if an insurance company is holding up your case, contact our office and schedule a free consultation.

Why is it taking so long to Settle my CRPS Claim?

Once you’re at the lawsuit stage, it can be a long process to get to the finish line. However, a lawyer’s apathy or lack of caring can also be the reason why it’s taking so long to settle your injury claim. If you are unhappy with the lack of progress in your case, you have the right to change lawyers, regardless of where you are in the lawsuit process. But how can you be sure that firing your lawyer is the right decision?

Free Second Opinion

If you feel that your lawyer isn’t doing enough to settle your lawsuit, please take some time to speak with one of our attorneys. During a second opinion consultation, we can advise you on the methods we will use to secure your settlement. We may be able to settle your case in 30 days, depending on the issues in your accident. Additionally, we will go over the terms for ending the contract with your current lawyer, so that you can make an informed decision.

If you agree that switching your lawyer is the best option, you won’t need to worry about firing your attorney, since we’ll take care of the transfer process. Just give us a call and schedule a second opinion at your earliest convenience.

Legal Representation for CPRS Victims

Have you been recently diagnosed with CRPS following a car accident, slip and fall, or any type of accident? Do you have an active CPRS lawsuit, but you’re worried that nothing is being done on your case? The lawyers of Normandie are here for you, with the skill and experience you need to settle your personal injury claim.

All our clients, including those with pending lawsuits, are eligible for the Zero fee guarantee. What does this mean for you? There are no upfront costs for any of our services, no matter how long it takes to recover your damages. Our fees are paid by the party you’re suing, and that’s only when we recover your settlement. If we don’t win your case, you will not be responsible for any of our fees.

To get started on a CRPS injury claim or continue a CPRS lawsuit, contact Normandie Law Firm and speak to a California personal injury lawyer.