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Proving an Invisible Injury in CRPS Personal Injury Lawsuits

Understanding CRPS as an Invisible Injury

Complex Regional Pain Syndrome (CRPS) is a chronic, debilitating condition that often develops after an injury, surgery, or trauma. What sets CRPS apart is that it’s largely an invisible injury—there’s often no visible wound or objective diagnostic test to prove its existence. Yet, the pain and limitations CRPS imposes are very real, sometimes life-altering.

Because CRPS is difficult to see or measure, it poses a unique challenge in personal injury lawsuits. Insurance companies and defense attorneys may question the legitimacy of your symptoms or claim the condition is exaggerated. For this reason, it’s essential to understand the medical and legal strategies for successfully proving CRPS in California courts.

What Makes CRPS an Invisible Injury?

CRPS is considered invisible because, unlike a broken bone on an X-ray or a cut on the skin, it often lacks outward signs that match the severity of the pain. Victims may experience:

  • Persistent, burning pain

  • Extreme sensitivity to touch or temperature

  • Changes in skin color or temperature

  • Swelling, stiffness, and limited range of motion

  • Abnormal nail or hair growth

However, these symptoms can be intermittent or misunderstood by medical professionals unfamiliar with the condition. As a result, many CRPS sufferers face delays in diagnosis and treatment.

The Invisible Injury in CRPS Lawsuits

In California personal injury lawsuits, the burden of proof lies with the injured party. To recover damages for CRPS, you must show:

  1. That someone else’s negligence caused your injury

  2. That your CRPS diagnosis is directly related to that injury

  3. That the CRPS significantly impacts your life and ability to work

This is especially challenging with invisible injury cases, where defendants may claim your symptoms are psychosomatic or unrelated to the incident in question. That’s why documentation and medical support are critical.

Medical Evidence That Strengthens CRPS Claims

Though CRPS lacks a single diagnostic test, there are ways to medically validate your experience. The following types of documentation can support your legal case:

  • Clinical Diagnosis by a Specialist: Neurologists or pain specialists can evaluate your condition using the Budapest Criteria, the standard diagnostic tool for CRPS.

  • Imaging Tests: Bone scans and thermography can show abnormalities consistent with CRPS.

  • Treatment Records: Ongoing medical care, physical therapy, and prescriptions support the claim that you are actively managing a serious condition.

  • Symptom Journals: Daily records of pain levels, mobility limitations, and other impacts on daily life can provide strong evidence of the condition’s persistence and severity.

The Role of Expert Testimony

In CRPS lawsuits, expert testimony is often the difference between a successful claim and a denied one. Medical experts can explain the nature of CRPS to the court, detail the impact it has on your life, and confirm that your condition is consistent with the kind of injury sustained in your accident.

Vocational experts may also be called to testify on how the condition limits your ability to work, while life care planners can estimate the long-term cost of treatment, therapy, and assistive devices.

Real CRPS Cases and Their Legal Outcomes

Courts in California have recognized CRPS as a legitimate personal injury, but each case hinges on evidence. In one California case, a construction worker developed CRPS following a fall at a job site. Though the initial injury seemed minor, the worker was soon unable to return to work due to chronic pain. With strong documentation and medical expert testimony, he received a substantial settlement.

However, in another case, a plaintiff’s CRPS claim was dismissed due to gaps in medical treatment and a lack of specialist evaluation. These examples illustrate how important consistency and credibility are in CRPS cases.

How CRPS Can Affect Your Life—and Damages You May Recover

Because CRPS can impact nearly every part of a person’s life, compensation in CRPS-related personal injury claims often includes:

  • Medical expenses (past, ongoing, and future)

  • Lost wages and future earning capacity

  • Pain and suffering

  • Loss of enjoyment of life

  • Emotional distress

  • Home modifications or assistive devices

If a loved one suffers from severe CRPS that impacts family life, spouses may also be eligible to file for loss of consortium.

Why You Need an Attorney Experienced in Invisible Injury Claims

Proving an invisible injury like CRPS takes more than just medical records—it requires a legal strategy tailored to chronic pain and neurological conditions. At KAASS LAW, our experienced personal injury attorneys understand how to gather expert opinions, build a persuasive narrative, and present the full scope of your suffering to the court.

We work closely with your medical team to document the progression of CRPS and its effects on your life. We also counter insurance company tactics that try to minimize or deny your claim based on the lack of “visible” damage.

Steps to Take If You Believe You Have CRPS After an Injury

If you suspect you have CRPS following an accident or trauma, here are some steps to protect your health—and your legal rights:

  1. Seek immediate medical attention from a specialist in pain or neurology

  2. Keep detailed records of your symptoms, treatment, and out-of-pocket costs

  3. Avoid delays in medical treatment, which can be used against you in court

  4. Contact a personal injury attorney who understands CRPS and California injury law

Learn More About CRPS and Chronic Pain

To better understand CRPS and its diagnosis, treatment, and impact, visit the RSDSA (Reflex Sympathetic Dystrophy Syndrome Association) website for research, education, and support resources.

Contact KAASS LAW Today

If you or someone you love is suffering from CRPS due to an accident or injury caused by another party’s negligence, don’t wait to get help. The attorneys at KAASS LAW understand the challenges of proving an invisible injury and are here to fight for the compensation you deserve. Contact us for a free, confidential consultation.

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