RSD or CRPS: The Pain that never ends

I had the privilege of representing a client who had been represented by seven lawyers before I was retained.  He read my blog in January, 2011 and I went to trial for  him in March, 2011 and won.   His case involved RSD which came about after a trucking accident in 2005 when he was rear ended on I-75 by a tractor trailer going 70 mph.  SIx months later he developed RSD in his left leg and it progressed to his right leg and begin to spread further about his body. Eventually in 2011 we went to trial and won.

I was shocked  that none of his first seven attorneys had listed thermograms  on the Plaintiff's Exhibit list.  Some of the earlier attorneys  were big name Advertisers  in Florida.  With only a month to get ready for  trial,  I  scheduled and took the video trial deposition of his RSD doctor who had his color  thermograms in the chart.  That way we could show the thermograms to the jury.  A photo is worth a thousand words and the thermograms were convincing.  The result was a seven figure verdict 6 times larger than the highest defense offer made at any time before trial.

Thermograms are infra-red photos which show color variations in the affected limb as compared to the opposite side of the body.  The side without as much blood is cooler than the opposite side.  It turns blue or purple. The loss of blood flow is due to  small blood vessels in the painful limb being shut down or closed due to the action of sympathetic nerves which are reacting to the injuries.  Most of the time RSD shows up within a few weeks after the accident, and in the same limb as the trauma.  The jury in my case believed the doctors who said that in their medical opinion the crash caused the RSD.

So, if you have a case involving RSD make sure your lawyer plans to show your  thermograms to the jury.  If none have been taken, tell him to contact me immediately.  It may make all the difference in your case.

I previously wrote a blog about RSD here.  You might find it worth reading.

 

What makes a good case?

I have been amazed at how many of my clients are late bloomers.  They were all in accidents and it took them a long time to come see a lawyer.  One of them came in for the first time 44 months after their accident, and had hardly seen a doctor.  Another was in a roll over accident on I-95 and had not seen an attorney for 11 months.  Because of their lack of understanding of Florida no-fault law, they did not promptly apply for benefits and had both "gone without" necessary medical care.  So much for the lawsuit crisis.

So maybe a checklist may be helpful to you so you can understand what makes a good auto accident case.

1. Promptly report the accident to your insurance company and ask them to open a claim file for you.  This enables you to get PIP benefits which will pay for the doctor of your choice. 

2.  Start treating with a good doctor and follow his advice.  Do not skip appointments or create gaps in your care. 

3.  Keep a journal for your lawyer about your problems.  It's human nature to forget some of the aggravation and inconvenience you have to go through.  One of my clients had 107 trips to the therapist, about 1,300 miles of driving.  That's enough to drive to Maine from Florida.

4.  Take pictures of your injuries and your car, before the injuries heal or the car gets fixed.  Insurance companies take photos but will not share with you.

5.  Do not discuss your case with anyone but your lawyer.  One of my clients smartly figured out that a new acquaintance was really a private detective hired by the insurance company.

6.  Florida law requires a serious injury, defined by statute as a significant scar, death or permanent injury, to have a claim for loss of the important damages:  quality of life losses, like the inability to have fun because of pain, headaches, or physical restrictions from the accident.  Medical bills and loss of income are recoverable even without a permanent injury.

7.  Clear causation is a must. This means that the doctor must agree in writing that your injuries are due to the accident.  This is easier said than done.  Some local doctors are not used to having to tie a car accident to an injury and may be unwilling to cooperate with your lawyer.  I had a client who suffered a heart attack at the scene of an accident and her doctor was reluctant to blame the crash for her heart attack.

So I hope to see you sooner than later!  Delays in treatment are likely going to prolong the pain and complicate resolution of an injury claim.