Chronic Regional Pain Syndrome (CRPS) or Reflex Sympathetic Dystrophy (RSD) Claims
Some people experience lasting and intense pain in the aftermath of a motor vehicle accident. Though frequently the subject of attack by insurance defense counsel on the basis that the symptoms appear disproportionate to the severity of the crash or the nature of the injuries, such medical conditions as chronic regional pain syndrome (CRPS) or reflex sympathetic dystrophy (RSD) are anything but imaginary or psychosomatic.
Because the intensity of the discomfort suffered by people with CRPS or RSD is hard to explain in terms of the trauma suffered, people who experience the symptoms of a chronic pain syndrome can have trouble getting their complaints taken seriously. For this reason, you may encounter difficulty when you present your compensation claim to ICBC.
BC Lawyers for Chronic Pain Injury Claims
Your personal injury team at Murphy Battista knows that chronic pain conditions such as CRPS or RSD can be identified against standard diagnostic criteria, and we ensure that the right tests are administered before ruling out the possibility that these conditions are present. Recognized symptoms include severe and continuing pain with markedly increased skin temperature present in the affected area.
Our ability to present properly documented medical evidence of a chronic pain condition and relate its cause to a particular traumatic accident can help you get the treatment you need. It can also protect the value of a compensation claim before ICBC or a private insurer, depending on the circumstances of your accident.
To work with lawyers who know how to evaluate and investigate chronic pain conditions such as CRPS or RSD, contact Murphy Battista for a free consultation.
Evaluating and Presenting Claims for Pain That Is Difficult to Diagnose
Fibromyalgia is a controversial diagnosis for explaining chronic pain that lasts longer or is more intense than one would typically expect from the nature of the injuries or trauma suffered in an accident. Medical science has yet to develop a consensus as to the causes or most effective treatments for fibromyalgia.
In cases involving fibromyalgia or chronic pain syndrome, it is not uncommon for ICBC or other insurers to resist payment for claims related to fibromyalgia without proper documentation and qualified expert testimony that supports the injury claim and relates its cause to the accident in question. The personal injury lawyers at Murphy Battista LLP have extensive experience with the investigation and proof of chronic pain claims as an element of damages in accident compensation cases.
Vancouver Chronic Pain Syndrome Lawyers
Our law firm works with people throughout British Columbia and Western Canada to help chronic pain sufferers discover the causes of their problems, get access to the most effective treatments available, and recover compensation for any continuing pain problems that we can prove resulted from the negligence of someone else.
In fibromyalgia cases, this sequence of proof is usually difficult and always met with stiff resistance. Nevertheless, our experience with the proof of damages covers the difficult and disputed claims as well as the easy ones. Even more important than the chance to recover compensation, however, is the opportunity to work with an outstanding legal and medical team to find answers to your questions about what to do for chronic and debilitating pain, fatigue and discomfort.
For additional information about the ways our lawyers can help people who suspect that their chronic problems with fibromyalgia or other pain disorders resulted from a motor vehicle accident or other form of negligence, contact Murphy Battista for a free consultation.
Chronic Pain: Family and Friends Matter
October 19, 2015
Keri Grenier may be new to Murphy Battista LLP’s Kelowna office but she’s been helping injured clients deal with issues like chronic pain for many years. Keri’s latest INJURYwise column, “The Chronic Pain Effect,” addresses the compensation available for injured people suffering from chronic pain and the seeming anomaly that…Continue Reading
Proud to Support Pain BC
September 16, 2016
Murphy Battista LLP is proud to be sponsoring three upcoming webinars presented by Pain BC. Pain BC webinars are updated monthly and led by clinicians who deal with topics relevant to people suffering with the burden of chronic pain. Pain BC is a non-profit, volunteer-driven organization that seeks to reduce…Continue Reading
Disclaimer: The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.
Veronic Medved and Tara Chandler acted for a Plaintiff who was only 23 years old at the time of the collision. After T-boning the Defendant (who was found 100% responsible for the collision), the Plaintiff developed a traumatic lesion on her spine and chronic pain condition which disabled her from gainful employment. The Court awarded damages in the amount of $1,885,000, including $185,000 for pain and suffering and $1,297,146 in future income loss. Although her working history was short, the Court accepted that as a single mom, the Plaintiff was very attached to the workforce and would have worked on a full-time basis to the age of 70 without voluntary withdrawal.
AT was a man who worked in the funeral services industry and who suffered serious back pain and spasms after a motor vehicle accident. Unfortunately this chronic pain eventually led to the loss of his career. John M. Cameron of Murphy Battista assisted Mr. David Kolb of Kolb Law Corporation and together they represented AT in a trial in BC Supreme Court. AT achieved an award for compensation of $586,000 which was four times more than ICBC’s best pre-trial offer. AT was awarded $110,000.00 for pain and suffering, $108,000 for diminished earning capacity up to trial, $320,000 for loss of future earnings, and $45,000 for the costs of future medical care.
Scott Stanley was co-counsel in defending a plaintiff against an appeal of a successful judgment of $515,057 which was awarded to the plaintiff for soft tissue injuries and chronic pain. The Defendants challenged the awards for past and future loss of earning capacity arguing these could not be justified on the facts and were not adequately explained in the reasons for judgment by the trial judge. The BC Court of appeal dismissed the appeal and let the judgment stand.