Why Complex Regional Pain Syndrome (CRPS) Claims Are Frequently Challenged by Insurance Companies

Complex Regional Pain Syndrome (CRPS) can turn what initially appears to be a relatively localized injury into a life-changing chronic pain condition. A person may experience severe burning pain, extreme sensitivity, swelling, changes in skin color or temperature, weakness, stiffness and difficulty using the affected arm or leg long after the original injury occurred.

For accident victims, however, the medical challenges of CRPS can be compounded by another problem: insurance companies frequently dispute CRPS diagnoses and the compensation associated with them.

One reason is that CRPS does not always produce the type of obvious structural damage an insurer expects to see on an X-ray, MRI or other conventional imaging test. There is currently no single laboratory, blood or imaging test that conclusively diagnoses CRPS. Instead, physicians generally make the diagnosis through medical history, physical examination and established clinical criteria.

That does not mean CRPS is based only on a patient’s subjective description of pain. Accepted diagnostic standards also look for observable clinical signs. But because pain is a major component of the condition, symptoms can fluctuate, and diagnostic imaging may not tell the entire story, insurers may have more opportunities to question the diagnosis, causation, treatment and long-term financial impact of the condition.

For someone pursuing a personal injury claim in San Diego, understanding these challenges can be critical.

Quick Insights

  • There is no single definitive test for CRPS. Diagnosis is primarily clinical and may involve a patient’s symptoms, physical examination and the widely accepted Budapest Criteria.
  • Normal or inconclusive imaging does not necessarily rule out CRPS. X-rays, MRIs, bone scans and other testing may help evaluate the condition or exclude alternative diagnoses, but they do not independently determine whether someone has CRPS.
  • CRPS claims may involve significant future damages, including ongoing pain management, rehabilitation, medications, lost earning capacity and reduced quality of life.
  • Insurance companies may challenge causation, arguing that CRPS was caused by something other than the accident or that the symptoms are related to a pre-existing condition.
  • Consistent medical documentation can be particularly important. Records showing the development of symptoms, objective clinical findings, treatment and functional limitations can help establish the progression of the condition.
  • Medical specialists and other experts may become important when explaining the diagnosis, future treatment needs and effects of CRPS to an insurer, judge or jury.

What Is Complex Regional Pain Syndrome?

CRPS is a chronic pain condition that most commonly affects an arm or leg and frequently develops following an injury. The National Institute of Neurological Disorders and Stroke describes CRPS as involving prolonged pain and inflammation after an injury, with symptoms that can include changes in skin color and temperature, swelling and abnormal sensitivity.

People with CRPS can experience symptoms such as:

  • Persistent burning, throbbing or severe pain
  • Extreme sensitivity to touch, known as allodynia
  • Increased sensitivity to painful stimuli
  • Swelling
  • Changes in skin temperature
  • Red, pale, blue or blotchy skin
  • Abnormal sweating
  • Joint stiffness
  • Reduced range of motion
  • Muscle weakness, tremors or spasms
  • Changes in hair, skin or nail growth

Stanford Medicine notes that symptoms may differ between patients and can include persistent swelling, sensitivity to even light touch, temperature and color changes, and weakness or other motor problems.

CRPS can develop after fractures, soft-tissue injuries, surgery and other physical trauma. Importantly, the severity of the continuing pain may be disproportionate to the original injury – one of the defining characteristics considered when diagnosing the syndrome.

Why Is CRPS So Difficult to Prove to an Insurance Company?

CRPS sits at a difficult intersection of chronic pain, neurological symptoms and clinical diagnosis. These characteristics can give an insurance carrier several potential arguments for reducing or denying a personal injury claim.

1. There Is No Single Test That Proves CRPS

When someone suffers a broken bone, an X-ray can usually provide clear evidence of the fracture. A torn ligament may be visible on an MRI. Certain traumatic brain injuries can produce abnormalities on neurological imaging.

CRPS is different.

According to NINDS, there is no laboratory or blood test that confirms CRPS. Physicians diagnose it based primarily on symptoms and a physical examination.

Tests such as X-rays, MRIs, bone scans and evaluations of sweating or temperature differences may provide useful information, but no single one is considered definitive.

Insurance companies may try to capitalize on this distinction by arguing that the absence of an obvious abnormality on conventional imaging means the injury cannot be as serious as the claimant reports.

But a normal MRI does not necessarily mean the person does not have CRPS. The relevant question is whether the entire medical picture supports the diagnosis.

2. Pain Is Inherently Difficult to Measure

CRPS can cause pain that is far more severe than would ordinarily be expected from the underlying injury.

That creates an obvious problem in an insurance claim: there is no X-ray showing how badly someone hurts.

An insurer may question why a relatively modest fracture, sprain, surgery or other injury resulted in severe ongoing symptoms months later. The carrier might characterize the pain as exaggerated, inconsistent with the original injury or unsupported by sufficient “objective” evidence.

Yet pain disproportionate to the original inciting event is actually part of the established CRPS diagnostic framework.

This makes CRPS cases unusual. The very feature that helps define the condition – the severity and persistence of the pain – can become one of the features an insurance company uses to challenge the claim.

3. CRPS Symptoms Can Change Over Time

Another challenge is that CRPS does not necessarily look identical every day.

Swelling, skin discoloration, temperature changes, sensitivity and mobility limitations may fluctuate. Someone may have particularly noticeable physical signs during one appointment but less obvious symptoms during another.

This can create openings for an insurance carrier to selectively focus on medical appointments where certain symptoms were less pronounced.

The accepted Budapest Criteria attempt to address the complexity of CRPS by considering multiple categories of symptoms and clinically observed signs. Those categories include sensory, vasomotor, sudomotor/edema and motor/trophic changes. A clinical diagnosis requires both reported symptoms and signs that are observed during evaluation, along with the absence of another diagnosis that better explains the condition.

That is why the longitudinal medical record – what happened over weeks and months – can be more informative than a snapshot from one examination.

4. Insurance Companies May Dispute What Caused the CRPS

Even when an insurer accepts that someone has chronic pain, it may still dispute whether the accident caused it.

An adjuster or defense expert could argue that:

  • CRPS existed before the accident.
  • Another injury caused the symptoms.
  • A subsequent accident interrupted the chain of causation.
  • The claimant has another medical condition that better explains the symptoms.
  • The original accident was not significant enough to cause the condition.
  • A delay between the accident and CRPS diagnosis weakens the relationship between the two.

CRPS cases therefore require more than proving that the condition exists. A personal injury claim generally must also connect the condition to the accident or negligent conduct at issue.

Medical records showing the condition before and after an accident can become particularly important when an insurance company raises a pre-existing condition as a defense. Pines Salomon has previously explained that detailed medical records and medical expert opinions may be necessary when determining how an accident caused or aggravated an existing medical problem.

5. A Delayed Diagnosis Can Create Additional Questions

CRPS may not necessarily be diagnosed during the first emergency room visit after an accident.

The initial treatment may appropriately focus on an obvious fracture, surgical injury or soft-tissue trauma. It can take time for persistent pain, swelling, sensitivity, temperature differences or other features to develop into a pattern that supports a CRPS diagnosis.

Unfortunately, that timeline may later become part of the insurance company’s argument.

An insurer might ask:

If the accident caused CRPS, why wasn’t it diagnosed immediately?

That question overlooks the fact that CRPS diagnosis can be medically challenging. Research and clinical organizations continue to recognize diagnostic complexity, and IASP identifies the Budapest Criteria as its accepted diagnostic criteria for CRPS.

Nevertheless, unexplained gaps in treatment or documentation can make causation disputes more difficult. Seeking appropriate medical evaluation and accurately reporting developing symptoms can therefore be important both medically and legally.

6. The Potential Cost of a CRPS Claim Can Be Significant

There is another practical reason insurers may examine these claims closely: CRPS can create substantial long-term damages.

A serious case may involve years of:

  • Pain-management appointments
  • Physical or occupational therapy
  • Prescription medications
  • Specialist treatment
  • Nerve blocks or other procedures
  • Assistive devices
  • Psychological care associated with chronic pain
  • Lost income
  • Reduced earning capacity
  • Assistance with activities of daily living

Some patients may also be evaluated for more advanced pain-management treatments.

Future medical expenses can become an especially significant part of a serious injury claim. Under California law, future medical damages must be supported as reasonably necessary and reasonably certain to occur rather than being purely speculative. Insurers may therefore challenge the necessity, duration, frequency and cost of proposed future care.

The larger the projected lifetime cost of a condition, the more incentive an insurance carrier has to closely examine the medical basis for those projections.

7. Insurers May Challenge Whether Treatment Is Necessary

Even if the insurance company stops short of disputing the CRPS diagnosis itself, it may challenge individual components of treatment.

Questions may include:

  • Was this treatment medically necessary?
  • Did the patient receive too much physical therapy?
  • Was a procedure appropriate for this particular patient?
  • Did treatment actually improve the condition?
  • Is future treatment reasonably likely to occur?
  • Could a less expensive treatment provide similar results?

CRPS-related insurance denials may involve disputes about medical necessity, coverage limitations, documentation or other issues. Detailed medical records and physician support explaining why particular treatment is necessary can be important when addressing those disputes.

In a personal injury case, these questions can affect not only payment of existing bills but also the amount an insurer is willing to include for anticipated future care.

What Evidence Can Strengthen a CRPS Personal Injury Claim?

Because CRPS does not revolve around one definitive diagnostic test, successful claims often require evidence from multiple sources.

Detailed Medical Records

Medical documentation can establish when symptoms began, how they changed and what physicians observed during examinations.

Records may document:

  • Swelling
  • Skin color changes
  • Temperature asymmetry
  • Allodynia or hyperalgesia
  • Reduced range of motion
  • Weakness
  • Changes in sweating
  • Hair, nail or skin changes
  • Functional impairment
  • Treatment response

Repeated documentation can help establish a consistent clinical picture rather than relying solely on the patient’s description of pain.

Documentation Using the Budapest Criteria

The Budapest Criteria are widely accepted for diagnosing CRPS and were validated specifically to improve the accuracy of diagnosis compared with earlier criteria.

Medical documentation clearly identifying which criteria a patient meets can therefore be particularly valuable when an insurer disputes the diagnosis.

Photographs and Videos

Some CRPS symptoms are visual but temporary.

Photographs showing swelling, discoloration or visible differences between an affected and unaffected limb may help preserve evidence that is not as apparent during a later medical examination.

Video may also help document mobility restrictions, difficulty completing routine activities or other functional effects.

Treating Physicians and Medical Experts

A physician familiar with CRPS can help explain:

  • Why the diagnosis is medically appropriate
  • How the patient satisfies clinical criteria
  • Why other diagnoses were excluded
  • How the original trauma relates to the condition
  • What treatment is medically necessary
  • The patient’s prognosis
  • Whether future treatment will likely be required

In disputed cases, testimony from pain-management physicians, neurologists, rehabilitation specialists or other qualified medical professionals can help translate a complicated diagnosis into evidence an adjuster, judge or jury can understand.

Evidence of the Condition’s Effect on Daily Life

CRPS damages extend beyond medical bills.

A severe chronic pain condition can affect whether someone can work, drive, sleep, exercise, care for children, perform household tasks or participate in activities they once enjoyed.

Evidence may therefore include:

  • Employment and wage records
  • Testimony from family members
  • Statements from coworkers
  • Occupational assessments
  • Vocational expert opinions
  • Records of work restrictions
  • Documentation of assistance required at home

These forms of evidence help demonstrate the real-world consequences of an injury that cannot be captured completely by an MRI.

What Compensation May Be Available in a CRPS Personal Injury Claim?

When CRPS results from another person’s negligence, recoverable damages will depend on the circumstances of the case.

Potential economic damages may include:

  • Past medical expenses
  • Future medical expenses
  • Rehabilitation
  • Medication
  • Lost wages
  • Loss of future earning capacity
  • Out-of-pocket expenses
  • Necessary assistance or accommodations

Non-economic damages may potentially include:

  • Physical pain and suffering
  • Emotional distress
  • Disability
  • Loss of enjoyment of life
  • Diminished quality of life

California personal injury claims may include both economic losses such as medical expenses and reduced earning capacity and non-economic losses such as pain, emotional distress and diminished quality of life.

With a condition as potentially long-lasting as CRPS, evaluating the claim based only on today’s medical bills can significantly understate its overall impact.

How Can a San Diego Personal Injury Lawyer Help With a Disputed CRPS Claim?

CRPS claims require the ability to connect complicated medicine with the legal elements of a personal injury case.

An attorney may help by:

  • Gathering complete medical records
  • Establishing a timeline between the accident and onset of symptoms
  • Reviewing evidence of pre-existing conditions
  • Working with appropriate medical specialists
  • Documenting observable signs and functional limitations
  • Obtaining expert opinions regarding diagnosis and causation
  • Calculating lost wages and diminished earning capacity
  • Evaluating future medical needs
  • Addressing insurer allegations that symptoms are exaggerated or unrelated
  • Negotiating with the insurance carrier
  • Preparing the medical evidence for litigation when necessary

This can be particularly valuable when the insurer attempts to reduce a complex medical condition to one argument: “The MRI is normal, so nothing is wrong.”

CRPS does not work that way.

The absence of one dramatic diagnostic image does not replace a thorough clinical evaluation, documented objective signs, consistent treatment records and accepted diagnostic criteria.

Talk to Pines Salomon Personal Injury Lawyers About a CRPS Claim

Complex Regional Pain Syndrome can have an enormous impact on a person’s independence, career, finances and quality of life. When an insurance company disputes the diagnosis or attempts to minimize the effects of CRPS, building a detailed medical and legal record becomes especially important.

Pines Salomon Personal Injury Lawyers has represented seriously injured people in San Diego for more than 30 years. The firm is led by former insurance company attorney Michael Pines and has more than 80 years of combined legal experience.

If you or a loved one developed CRPS following a car accident, motorcycle crash, slip & fall or another incident caused by someone else’s negligence, contact Pines Salomon Personal Injury Lawyers to schedule a free consultation with one of our San Diego personal injury attorneys.

An experienced attorney can review the medical evidence, evaluate the insurance company’s objections and help determine the appropriate next steps for pursuing compensation.

We proudly serve San Diego, San Diego County, and its surrounding areas:

Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Available 24/7

Ride there with Uber

Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031
Available 24/7

Ride there with Uber

Enjoy this article? Add us as a Preferred Source on Google or Add us as a trusted source on ChatGPT