The Pain of Reflex Sympathetic Dystrophy
After the Wound Heals
The Pain of Reflex Sympathetic Dystrophy
The body does a wonderful job of healing itself, and an even better job when aided by modern medicine. But what if the pain of an accident or injury got worse, not better-even as the physical signs of the injury began to fade? That’s the problem faced by those with Reflex Sympathetic Dystrophy (RSD, sometimes also known as Complex Regional Pain Syndrome or CRPS). RSD is a rare disease, but it was first diagnosed over 140 years ago, when doctors noticed that some Civil War soldiers continued to suffer pain, even after their wounds had healed. While doctors do not yet fully understand RSD, they know it has something to do with nerves misfiring by sending pain signals to the brain, even though the tissue damage caused by an injury is healing. These damaged nerves also lose the ability to properly control blood flow and temperature to the affected area.
Symptoms and Causes of RSD
RSD is often found in the arms or legs, generally after some sort of injury. It could be something as mild as a kick to the leg or dropping something on one’s foot, or it could come from something more severe, such as a traffic accident or an on-the-job injury.
In many cases, the skin around the injury becomes swollen and inflamed, as well as sweaty and warm. The person may also feel that area is sensitive to touch or to hot and cold. Other symptoms, like abnormal hair and nail growth may be present.
Symptoms of RSD often lead to a misdiagnosis as some other sort of nerve injury, so if you are experiencing these sorts of feelings, ask your doctor if it could be RSD. If properly diagnosed early, physical therapy can help prevent the disease from getting worse, while the symptoms can often be managed with medication. Currently there is no known cure.
Because RSD may take a while to develop, some people may not realize they have lingering issues as they heal from their injuries. That’s why it’s important to not quickly agree to any offers to pay for your hospitalization costs following a minor injury. Instead, anyone injured should discuss their situation with an experienced personal injury attorney, who can fully advise them on their legal rights.
Understanding Compensation in Personal Injury Claims
Millions Recovered for Our Past Clients
Determining the amount of compensation you can recover in a personal injury claim in San Jose, CA, involves several factors. It is important to note that each case is unique and the outcome depends on specific circumstances.
10 Factors Influencing Compensation Amount
Here are some key factors that can influence the final compensation amount:
- Type and Severity of Injuries: The extent and seriousness of your injuries play a significant role. This includes medical bills, ongoing treatment costs, rehabilitation expenses, and any potential future medical needs.
- Lost Wages and Income: If your injuries led to missed workdays or reduced earning capacity, you may be eligible to claim compensation for lost wages and future income potential.
- Pain and Suffering: Non-economic damages like pain, suffering, emotional distress, and loss of enjoyment of life are also considered. Assigning a monetary value to these factors can be complex and often involves negotiations.
- Property Damage: If your personal property, such as a vehicle, was damaged in the incident, you can seek compensation for repair or replacement costs.
- Liability: Determining who is at fault for the accident is crucial. If you share some responsibility, California’s comparative negligence system may impact the final compensation amount.
- Medical Records and Expert Opinions: Thorough documentation of your injuries, medical treatment, and their impact on your life can strengthen your claim. Expert opinions may also be necessary to validate your injuries and projected expenses.
- Duration of Recovery: The time it takes to recover and the impact of the injuries on your daily life are considered. Long-term or permanent disabilities generally result in higher compensation.
- Insurance Coverage: The at-fault party’s insurance policy limits will affect the maximum amount that can be recovered. If the responsible party has limited coverage, it could impact the available compensation.
- Negotiation Skills: An experienced personal injury attorney can skillfully negotiate on your behalf to ensure you receive a fair settlement that considers all your damages.
- Precedents and Case Law: Legal precedents and past verdicts in similar cases can provide a benchmark for estimating compensation amounts.
To accurately assess the potential compensation in your case, it’s advisable to consult with a qualified San Jose personal injury attorney who can evaluate the specific details of your situation and guide you through the process. Our team has had success recovering millions of dollars for past clients.
Call our San Jose injury firm for a free consultation today – pay nothing unless we win.
Is There a Statute of Limitation for Injury Claims in CA?
Keep in mind that California has a statute of limitations of two years from the date of the injury for filing personal injury claims, so it’s important to take action within the appropriate timeframe. If the injury was not uncovered right away and was diagnosed at a later date, then you have one year from the date the injury was discovered.
Common Personal Injury Claims We Handle
- Brain Injuries
- Burn Injuries
- Broken Bones
- Spinal Cord Injuries
- Lacerations and Cuts
- Internal Organ Damage/Bleeding
- Neck/Back Pain & Whiplash
- Amputation or Loss of Limb Use
- Paralysis & Nerve Injury
- Vision and Hearing Loss
- Soft Tissue Injury
- Wrongful Death
If you’re not sure whether your accident fits into any a specific category, don’t worry. Our top-rated San Jose injury attorneys know that every situation is unique and will work to provide you with a legal solution that is tailor-fit to your needs and circumstances.
Case Results
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We take on your case free of charge, so there’s nothing to lose. We don’t recover money unless you do. Check out our results!
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Read DisclaimerFrequently Asked Questions
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Should I hire a lawyer for my personal injury case?
There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.
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How long will my personal injury case take to resolve?
This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.
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What is the average settlement amount for a personal injury claim?
The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.
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Does California put damage caps on claims for personal injury cases?
No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.