Catastrophic Injury · CRPS / Nerve Damage
California CRPS / RSD and Severe Nerve Damage Attorney
Civil representation for survivors of Complex Regional Pain Syndrome (CRPS / RSD) and severe nerve damage. These are among the most difficult injury categories to litigate well — and the most undervalued when handled by firms without the medical depth to develop them.
Conditions defendants reflexively deny. Cases that need real medical proof.
What CRPS / RSD is
Complex Regional Pain Syndrome (CRPS), formerly called Reflex Sympathetic Dystrophy (RSD), is a chronic neurological pain condition that typically develops after an injury or surgery, affecting a limb. CRPS is characterized by burning pain disproportionate to the original injury, swelling, skin color and temperature changes, abnormal sweating, and progressive loss of function. Diagnosis is clinical, based on the Budapest Criteria (consensus diagnostic standards). The condition is real, well-documented in the medical literature, and recognized by major pain medicine societies.
Why these cases are hard
CRPS cases face a distinctive challenge: defendants reflexively deny the diagnosis exists, deny it was caused by the underlying injury, or claim the patient is malingering. Defense medical experts often dispute the diagnosis using outdated criteria or pretending the patient's symptoms are psychogenic. Effective representation requires (1) credentialed treating providers who applied current diagnostic standards (Budapest Criteria), (2) appropriate diagnostic studies (sympathetic blocks, three-phase bone scan, thermography), (3) detailed documentation of the symptom course over time, and (4) trial-ready preparation against defense experts.
Common origins
- Vehicle accidents — particularly involving extremity trauma
- Crush injuries to hands or feet
- Surgical procedures — especially of the upper or lower extremity
- Workplace injuries — including third-party civil claims
- Even relatively minor injuries can trigger CRPS in susceptible individuals
Severe nerve damage more broadly
Beyond CRPS, severe nerve damage cases involve:
- Peripheral nerve transections — surgical or traumatic cutting of major nerves
- Brachial plexus injuries — birth-related (we do not handle medical malpractice) or vehicle/motorcycle/sports injuries
- Spinal nerve root injuries — radiculopathy from disc injury or trauma
- Crush injuries producing chronic neuropathic pain
- Chemical or thermal nerve injury — chemical burns, electrical injury
Damages
- Medical expenses — pain management, sympathetic blocks, spinal cord stimulator implantation, physical and occupational therapy, medications. CRPS treatment is often lifelong.
- Lost earnings — many CRPS patients are permanently unable to return to their pre-injury occupation
- Lost earning capacity — significant in young patients
- Pain and suffering — CRPS pain is among the most severe documented in medical literature; pain ratings on standardized scales (McGill Pain Questionnaire) often exceed those of cancer or amputation
- Loss of enjoyment of life and consortium
Applicable California law
Cal. Civ. Code § 1714 (negligence); product liability where applicable; eggshell-plaintiff doctrine (the defendant takes the plaintiff as found, so a minor injury that triggers CRPS in a susceptible person remains the defendant's responsibility); Cal. Code Civ. Proc. § 335.1 (statute of limitations); Cal. Civ. Code § 3294 (punitive damages).
Common Questions
My doctor says I have CRPS but the insurance company calls it 'controversial.' Does that hurt my case?
Insurance carriers' denials don't change the medical reality. CRPS is recognized by the International Association for the Study of Pain, the American Academy of Pain Medicine, the Mayo Clinic, the Cleveland Clinic, and every major pain society. Carriers know this; the rhetoric is litigation positioning. We prepare the case for trial with real medical evidence.
How is CRPS proven in court?
Through treating providers who applied the Budapest Criteria (current diagnostic standard), corroborating diagnostic tests (sympathetic blocks that respond, three-phase bone scan, thermography), serial documentation of symptoms over time, and qualified expert testimony. Defense will attack each piece — preparation matters.
My CRPS started from a relatively minor injury. Does that defeat my case?
No. The eggshell-plaintiff doctrine in California means the defendant takes the plaintiff as found. A minor incident that triggers CRPS in a susceptible person remains the responsibility of the party that caused the underlying injury.
How long do CRPS cases take?
Longer than typical PI cases — often 2-4 years. The medical course needs to develop, the diagnosis needs to be confirmed and stable, and the carrier's defense usually requires extensive expert work to overcome. We don't push CRPS clients into early under-value settlements.
For a confidential review of your case:
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan is licensed in California.
“The cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California