If you are reading this it is likely you have RSD and wondering if you have a case. A lawyer takes into a mix of facts and circumstances, some objective, some subjective when he evaluates a case.
Here is a short list of important considerations when I decide whether to take RSD cases:
- Did the condition start soon after the accident or event?
- Does you doctor specialize in pain management?
- Does the affected limb photographically appear to be colored, withered, atrophied, and painful like the ones shown above?
- Does your doctor say what caused the CRPS/RSD? He should blame a recent accident which as the probable cause.
- Has your effected extremity ever been hurt before? (The defense will try to blame a previous accident as the cause.)
- Have you had neck or back surgery causing pain to radiate into your arms or legs? (Pain from unrelated surgery years before might be blamed as the cause, so an accurate honest history of your surgeries is needed)
- Triple Phase Bone Scan
- Have you had a positive triple phase bone scan? (A radioactive dye shows where the RSD is. Above is a good example.)
- Have you had a thermogram? (Thermograms help show the difference in blood flow which a jury knows cannot be manipulated. They don’t help treat the condition.)
Florida law requires proof that the defendant caused or substantially contributed to causing your condition, in the opinion of a qualified doctor. The traumatic event is usually minor in comparison to the pain, and could be a simple sprain or strain of your arm or leg.
Don’t worry about the fact that your pain it out of proportion to the initiating minor injury. If the pain was caused by the negligence of another, he is responsible even if your RSD was unexpected. See the magic circle here.