Below are questions people often ask us after developing Complex Regional Pain Syndrome from a preventable injury. These answers generally apply in California, BUT SOMETIMES EXCEPTIONS MAY APPLY. RELY ON YOUR OWN ATTORNEY FOR DETERMINING WHETHER AN EXCEPTION APPLIES TO YOU. Only by consulting an experienced CRPS attorney can you be sure your rights are fully protected.
What will filing a lawsuit mean for my future with CRPS?
Of course, filing a personal injury lawsuit will not make the pain of CRPS go away. However, it can still make a difference for the person suffering with the condition. No one should have to endure CRPS after a preventable injury. An experienced attorney can voice the victim’s pain in court. He or she can also hold the responsible party accountable for the negligence that led to the injury and CRPS. By filing a claim, the person will be able to seek compensation for lost wages related to the injury as well as pain and suffering, medical bills and long-term care.
My minor child developed Complex Regional Pain Syndrome after an injury. May I file a claim on his/her behalf?
As a parent, you may be able to file a personal injury lawsuit on behalf of your child suffering from CRPS if he or she was the victim of negligence. The statute of limitations is different for minors, so it’s important to contact an experienced law firm right away to get answers and discuss your options moving forward.
If my CRPS was difficult to diagnose, will it be more difficult to protect my case?
Many people who suffer from CRPS had to undergo many tests and see a variety of doctors before receiving a diagnosis. The medical records that show your intense pain and other problems will act as evidence in court as your attorney illustrates your losses and prosecutes your case. The best thing to do is speak with an experienced law firm that has represented many people suffering from the condition. The legal team will already know how to move forward.
Is there a time frame in which I’ll need to file a lawsuit?
Each state limits the time a person has to file a personal injury lawsuit. In California, you have two years to sue from the date of the of the incident, or the judge may deny your claim. When the victim is a minor, the two-year period does not begin to run until they turn 18 years old, so they can file at any time before they turn 20.
However, if a governmental entity is responsible for your injury, you must file a claim within six months of the incident or the judge may deny your claim, whether or not you are a minor.
More Questions? We Can Help.
If you’re suffering from Complex Regional Pain Syndrome after an injury that could have been prevented, CaseyGerry can answer your legal questions. We welcome you to contact our firm.