Complex Regional Pain Syndrome (CRPS) is a serious medical condition that involves long-term chronic pain and often arises after work-related injuries. CRPS can lead to excruciating pain that can upend a person’s life. Victims may be entitled to significant compensation depending on how their condition occurred.
Many settlements require the parties to keep compensation details private. However, cases may be worth several hundred thousand dollars or more. In Workers’ Compensation claims, settlements may be based on your income and how long you are unable to work. CRPS involves intense, persistent pain that sometimes lasts forever. A settlement should account for all damages you will incur throughout your lifetime.
Receive a free, confidential initial case evaluation by calling our Boston personal injury lawyers at the Law Office of John J. Sheehan at (617) 925-6407.
Typical Settlements for CRPS in Massachusetts
CRPS can arise after an injury, but it does not always, making it unpredictable. Many cases of CRPS are related to work injuries. You might live with chronic pain for a long time, possibly forever, and a settlement may be quite large.
Some CRPS cases involve Workers’ Compensation claims, which may be limited in different ways. Workers’ Compensation settlements are often based on the injured employee’s income and medical needs.
Chronic pain often leads to enormous expenses for patients. You might incur significant medical debt from trying to get a diagnosis. Doctors are often reluctant to diagnose CRPS until all other sources of the pain are ruled out. The pain may also prevent people from working, costing them income. On top of it all, intense daily pain may greatly diminish your overall quality of life.
While an average settlement is hard to determine, you are more likely to reach a greater settlement if your pain is severe and has a greater impact on your everyday life.
Factors That Could Influence a Settlement for CRPS
CRPS often affects individuals differently. Your degree of pain and its impact on your life are unique, and your damages are equally specific to your situation.
Pain Severity
First, our Massachusetts personal injury attorneys must consider the severity of your pain. CRPS pain is not the same for everyone. For some, the pain might come and go, allowing them to do their best to live their lives around it. For others, the pain is constant, and it can be extremely difficult to go to work or school or live your life.
The pain might affect different parts of the body, which can affect your settlement. CRPS often affects a person’s extremities, like hands, feet, arms, and legs. If you experience pain in multiple limbs or the pain prevents mobility, you might be entitled to greater damages.
Duration of Pain
How long CRPS pain lasts is hard to say. Some experience pain for a few weeks after an injury. Others might deal with CRPS for months. Still, others live with CRPS for years, and the condition might be lifelong.
The longer your CRPS persists, the greater your settlement should be. However, determining how long your condition could last is difficult. The exact causes of CRPS are not fully understood, and it might be hard for us to say whether your condition is long-term or short-term. We should speak to your doctor about your prognosis.
In Workers’ Compensation cases, the duration of pain may affect how long you are unable to work. Those with long-term or permanent injuries may negotiate for larger settlements since they can no longer work to earn an income.
Ability to Work
People living with CRPS often cannot return to work. Some can never work again because of the intense pain. If you cannot earn a living, you will lose valuable income. We can calculate how much income you have already lost and estimate how much income you will continue to lose for as long as your condition persists. The more income you lose, the greater your potential settlement.
In a Workers’ Compensation case for CRPS, your inability to work is a primary determining factor in a possible settlement. If you can never work again or you may be unable to work for a very long time, a larger settlement may be in order.
Quality of Life
Settlements should be higher if CRPS pain diminishes your overall quality of life. This is a subjective measurement, but we can highlight how your condition has affected your ability to enjoy your life in the same way you used to.
CRPS pain might get in the way of hobbies you once enjoyed. If you lived an active lifestyle, the pain might leave you unable to enjoy sports, outdoor activities, or other active hobbies. Even a night out with friends might be too painful.
The pain might also impact your relationships. You might see friends and relatives far less because the pain leaves you bedridden or housebound. Dating and intimacy might become extremely difficult.
Who Pays for CRPS Settlements in Massachusetts?
Who pays the settlement may influence how much compensation we can realistically pursue. Some defendants have insurance, while others must pay out of pocket. In some cases, you might sue the defendant’s employer, and they might pay your settlement.
In a Workers’ Compensation case, your employer’s insurer may pay a settlement. However, if your employer does not have the necessary insurance, which may be illegal, you can sue them personally.
You might sue a doctor and the hospital they work for. In medical malpractice cases, doctors normally do not pay for damages themselves. They and the hospital are both insured, and many healthcare institutions have funds specifically for settlements.
If you were injured in an accident, like a vehicle accident, insurance may or may not be a factor. You might settle with the defendant, and their insurance might pay. However, if their insurance does not cover the accident or they are uninsured, they might have to pay out of pocket. This can be problematic, as individuals often struggle to cover costly settlements on their own.
If the defendant caused your injuries while performing normal job duties, their employer might be held vicariously liable. This may be preferred over suing only the defendant, as their employer might have greater financial resources to offer a larger settlement.
Our Massachusetts Personal Injury Lawyers Are Here to Help
Receive a confidential, free case evaluation by calling our Massachusetts personal injury lawyers at the Law Office of John J. Sheehan at (617) 925-6407.