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A client once described her CRPS to me as a life sentence. Living with constant, unbearable pain presents unimaginable challenges, physically and psychologically. There’s little chance of returning to paid employment and an increasing reliance on family, friends, carers, and professionals.
Understandably, if you develop CRPS following an accident, you will likely consider claiming compensation. And there are countless personal injury solicitors out there keen for your business. But here’s a huge word of caution – many have little or no understanding of chronic pain in general and CRPS in particular. I know this because almost all of my clients began their claim at another law firm before dissatisfaction drove them to seek new, more specialist representation.
The simple fact is that some injuries and conditions are so life-changing that they require specialist knowledge to ensure you are properly represented and fully compensated. For example, if you are unfortunate enough to suffer a brain injury, you need a specialist brain injury solicitor aware of the myriad complexities involved in such claims. And it’s exactly the same for CRPS and other chronic pain conditions.
Horror stories
As mentioned above, most of my clients began their claims with other law firms. Typically, they initially instruct one of the huge claims-farming firms that advertise nationally. Common problems they encounter are:
- A lack of knowledge and understanding of CRPS. In one case I took over recently, the Wikipedia page for CRPS had been printed and stapled to the inside cover of the file. In another, I encountered a file note, “Says has something called CRPS. All in the mind?“
- A high staff turnover means the person dealing with the claim constantly changes. Also, some firms work in teams, so speaking to the same person twice is difficult. Consequently, the client continually repeats themselves and a coherent plan to progress the claim is never settled upon.
- Dumbing down is a huge problem. Many firms save money by employing unqualified staff in place of solicitors. Expect to be processed, not represented!
- A considerable problem is solicitors not obtaining and thoroughly reviewing ALL medical records, DWP records, social media, employment records, and other potentially relevant material. Yes, this is hugely time-consuming, but discussing and clarifying EVERYTHING with your client before instructing medical experts or disclosing the documents is essential. This exercise really can make the difference between the claim succeeding or failing.
- Almost unbelievably, many solicitors allow a medical agency to select medical experts. Choosing known and trusted experts for the claim is vital to its success. In a CRPS claim, it’s not unusual to require experts in at least three different medical specialisms.
- A solicitor with little or no knowledge of CRPS has no appreciation of treatment and therapy options. Inviting the defendant insurer to engage as soon as possible in funding treatment, either by interim payments or under the Rehabilitation Code, is crucial.
What does ‘specialist solicitor’ mean?
This isn’t just a shout-out about me! There are many excellent CRPS and chronic pain solicitors. And sharing information and experiences is always a pleasure when I meet them at conferences and elsewhere. But what makes us ‘specialists’?
I’m very fortunate to be relatively healthy and lead an active life. But whilst I can only imagine living with CRPS, I believe my many years of experience in CRPS compensation claims gives me a pretty good understanding of daily life for those who do. And it’s that experience that’s so crucial.
Understanding your symptoms and limitations is vital in ensuring I gather and review all the necessary evidence to prove your claim. I’m familiar with the best (and worst!) medical experts, the questions they need to answer, and the often-bewildering range of treatments and therapies. I understand what you’re going through now, but crucially, I also appreciate what the future may have in store. And I know and anticipate common defendant tactics as they seek to undermine your evidence and your claim. Believe me, defendant insurers always instruct a specialist solicitor even if you don’t!
Choosing a CRPS solicitor: always do your homework
So, doing your homework is essential before choosing a solicitor – and never limit your list of candidates to just one. Speak to them all. If you’re palmed off to an assistant, cross them off your list! If they’re available, quiz them on their experience of claims involving CRPS. Ask them more general questions about the condition. Indeed, ask them whatever you wish. Ultimately, this is a beauty parade, and you’re the judge. Remember, it’s a privilege for them to have you as a client, not vice versa!
Intuition is wonderful. What’s your gut feeling about each of them? Who would you feel most comfortable with? If more questions occur, contact them again. If they sound fed up with you, cross them off your list. Never feel hurried into a decision.
Keys to success – what a specialist CRPS solicitor does differently
Among the many differences you’ll experience with a specialist CRPS solicitor are:
- We keep our client numbers low, enabling us to progress claims, ensuring an immediate understanding of what’s happening on the file, and allowing a strong, trusting solicitor/client relationship to develop.
- We have a treatment-focused approach and an understanding of your treatment options (which may not be readily available on the NHS). In this regard, encouraging the defendant to engage with rehabilitation early is essential.
- Having a thorough knowledge of the CRPS diagnostic criteria allows us to document the signs and symptoms of the condition (through witness evidence, photographs, videos, etc.) and forensically examine medical records.
- We know the trusted medical experts who understand CRPS.
- Updating (and cooperating with) the defendant is essential. It’s vital to share positive as well as negative updates, for example, if there’s a small improvement in some respect. It all helps to underline the claimant’s credibility as a witness.
- We work closely with other specialist professionals, such as barristers specialising in CRPS and chronic pain cases.