RSD Legal Guide

If you're suffering from the effects of RSD, or Reflex Sympathetic Dystrophy, chances are you're enduring an unreasonable amount of pain every day. If that's true, you need to do whatever you can to make sure that your medical issues are managed as carefully as possible, as no one can properly function while in pain.

However, an aspect of suffering from RSD that's too-often overlooked is handling your legal issues. You may be overwhelmed with the management of your condition and may not want to deal with handling legal issues as well, but that's why you need to contact an attorney after consulting this brief guide. An experienced RSD attorney is literally a walking RSD legal guide, and he or she will be able to handle the bulk of your legal issues for you.

Who is responsible for my RSD?
RSD is a disease that's extremely difficult to locate, and by logical result it's also difficult to decipher who or what caused it. In regards to legal realities, RSD can appear after a surgery to repair an injury if the surgery wasn't performed properly or the early signs of RSD weren't properly diagnosed.

In this situation, your doctor or medical staff could possibly be responsible for either failing to recognize the issue or not preventing it from occurring or getting worse. This is a question for your attorney to answer, and he or she will be able to do so after an investigation.

What happens if my doctor is at fault for my RSD?
If your RSD was the result of faulty medical care, your attorney will put his or her experience to work immediately. He or she is skilled in the art of dealing with medical providers and enormous insurance companies in order to get you a fair result. RSD has no known cure, so once you get it, you've got it for life.

How long do I have to decide whether or not to pursue a claim?
Your attorney will be able to give you a specific answer in this regard, but generally speaking, not very long. Every state and civil legal system has statutes of limitation in place, and these statutes in effect place a time limit on your ability to pursue a claim, even if it's proper in every other respect. The bottom line is that after reviewing this brief RSD legal guide, you need to contact an attorney today. It will cost you nothing, and you have nothing to lose except for a rightful recovery.

Your Legal Rights and RSD

If you've been diagnosed with RSD, you are most likely living in pain every day. Unfortunately, there is no known cure for RSD, and even the way RSD is contracted is not completely clear. However, there are two things to consider if you've been diagnosed with this potentially-debilitating disease.

First, you need to make sure that your medical needs are handled. RSD is a lifelong condition, so you won't be able to make it disappear, although there have been cases in the past where RSD has gone into remission. Regardless, you owe yourself and your family a proper level of medical care, as you can live a somewhat-normal life if your condition is managed properly.

Secondly, you need to understand your legal rights as they relate to RSD. You may not be thinking that your legal rights are a relevant question at this point, but there is a chance that the clock on your legal rights could be ticking as you read this information.

Specifically, your condition may have been caused either by a missed diagnosis or an improperly-handled surgical procedure as it related to an original injury. There's no way of knowing if that's the case without performing a proper investigation, but the fact of the matter is that if your RSD is the result of negligent care from your medical staff, your legal rights are a significant question that needs to be answered.

There's one sure-fire way to make sure that your legal rights are protected. You need to contact an experienced attorney immediately. An attorney who has experience representing clients with RSD understands the intricacies of the legal situation at hand, and he or she will be able to conduct an investigation that will help you answer your own question of, "How did this happen?"

Not to mention, your initial consultation is free of charge, and there may even be situations where if you do have a legitimate claim against a responsible party, you may be able to pay your legal costs on a contingency basis. What this means is that if you receive a settlement or a judgment if your case goes to trial, your attorney will simply be paid based on a percentage of said recovery. If there is no recovery, you owe nothing.

Basically, you have nothing to lose except for an opportunity to enforce your legal rights in a way that the law not only allows, but calls for. Contact an attorney today to make sure that your rights do not go unenforced.

Statute of Limitations

If you're suffering from RSD and you're convinced that someone or something is responsible for your pain and suffering, you have legal rights that need to be enforced to prevent this scenario from unfolding on another unsuspecting victim. Your initial consultation with an attorney in this situation is free, and he or she will be able to help you find out just how you wound up with an extremely painful disease that will in all likelihood stay with you for the rest of your life.

However, you need to make sure that you contact an attorney in a timely manner, or else the statute of limitations in your jurisdiction could, as a matter of law, prevent you from brining a claim against those responsible for your condition. This may not seem fair, but the intent behind the statute of limitations is fairness.

The Tolling of the Statute of Limitations

In general, when you've been injured the statute of limitations begins to toll, or run, as soon as you suffer the injury or at the time when you should have reasonably discovered your injury. The statute is different in different jurisdictions and for different types of claims, but the bottom line is that there is a time limit in place.

The original intent behind this tenet of both civil and criminal law is that the more time that passes, the more evidence tends to dissipate and the less accurate any eyewitness accounts tend to be. Not to mention, if a company would be a defendant in a case, that company may no longer be in business after a period of years.

Basically, the statute of limitations is in place to make sure that a defendant is given an opportunity to present a fair defense. However, filing a claim in a timely manner may be of benefit to the victim as well, as any plaintiff would want as much evidence as possible available to prove the defendant's wrongdoing.

Therefore, if you're suffering from RSD, and your condition may be the result of negligent medical care, you only have a certain amount of time to file a valid claim. Given that your initial consultation with an attorney costs nothing, there is no logical reason not to contact an experienced attorney today, before it's too late. You only have sleep and a potential recovery to lose by waiting too long to meet with an attorney.

Mistakes to Avoid With Your RSD Case

If you're suffering from RSD and your condition is a result of another party's negligence, you've made the right decision by considering filing a claim. Your rights are as important as anyone else's and they deserve to be enforced to the full extent the law allows.

However, before you do anything, you need to be aware of several mistakes to avoid with your RSD case. Even one mistake can cause your otherwise-rightful claim to be dismissed, and you'll be faced with paying for the costs of managing a disease that will never go away all by yourself.

Mistakes to Avoid With Your RSD Case

  1. Trying to enforce your rights without the help of an attorney

    If you attempt to resolve your case with no legal help, you're headed for trouble. Most likely, you'll wind up dealing with an insurance company, and these corporate giants have teams of in-house attorneys who are specifically trained to limit their exposure to liability. You'll get the runaround to the "nth" degree, and you'll most likely never recover anything.

  2. Again, this is a question best answered by an experienced attorney. There are companies in existence that may offer a "low-ball" settlement figure just to make a potential dispute go away, and this is done because many potential plaintiffs are inclined to take the first offer, if one is even made. A skilled construction defect attorney will be able to work for a settlement if that's in your best interests. If it's not, your attorney will explain to you why it's best to push for a trial. Regardless, this is a strategic question that should only be handled by someone with experience.

  3. Waiting too long to contact an attorney

    If you wait too long to contact an attorney, you may be prevented from bringing your claim at all as a result of the statute of limitations that applies in your jurisdiction. There's no worse feeling than knowing you missed out on an opportunity to make things right but can't because you procrastinated. Procrastination is not an option when it comes to legal matters.

  4. Not listening to your attorney

    One of the most common mistakes to avoid with your RSD case is to not listen to your attorney even when you disagree with him or her. Your attorney has years of experience in dealing with these matters, and he or she is not going to waste any time by giving you advice that doesn't matter.

  5. 4. Talking too much

    When you're involved in litigation, you can trust your attorney, your doctor and sometimes no one else. Litigation is a field that simply does not translate to "real" life, in that the people with the biggest smiles on their faces when they speak to you may not have your interests in mind at all. If anyone contacts you regarding your case, one of the biggest mistakes to avoid with your RSD case is to answer their questions. Refer them to your attorney immediately.

There are several other mistakes to avoid, but if you follow the instructions at the top of the page and contact an attorney before doing anything else, he or she will be able to explain them to you in detail.

How a Lawyer Can Help

If you're suffering from RSD, you need to understand a few facts, if you haven't come to these understandings already. First and foremost, you need to seek out and find the proper medical care. Your disease most likely will not ever completely go away, and you'll need to start on your treatments immediately to make yourself as comfortable as possible.

The second thing you need to do is to contact an attorney. You may be wondering how a lawyer can help you with your situation, so below are a few points to consider as you attempt to come to grips with your unfortunate news.

How a Lawyer Can Help

  1. Locating the cause of your disease

    One of the aspects to consider regarding RSD is that there are several factors that could lead to its formation. It could be "natural" or it could be as a result of negligent medical care. If you take it upon yourself to ask your medical providers these questions, you may not get a straight answer. Your attorney will get the answers you need by using the law's protection.

  2. Deciding how to proceed

    Perhaps the greatest example of how a lawyer can help involves your collective decision in regards to whether or not to move forward with a claim. An experienced attorney will be able to analyze your situation and properly advise you as to what steps to take next. Helping you make this decision will save you time, money and stress.

  3. Fighting for your rights

    If you do have a valid claim, you will need an experienced attorney to help you deal with either the defense firm or the insurance company's in-house legal staff. Defense attorneys are highly-skilled at their craft, which means that you need the same level of skill and experience on your side in order to give yourself a fair chance at a justifiable recovery.

  4. Securing your recovery

    One of the most overlooked ways in regards to how a lawyer can help involves collecting the settlement or judgment once it's agreed upon or awarded. Just because a judge or jury decides that you deserve a recovery doesn't mean that the funds will arrive the next day. The mere presence of an attorney will greatly help the chances that your recovery arrives without any unnecessary delays.

These are just a few examples of how a lawyer can help with your RSD situation. The bottom line is that you need to contact an attorney today to make sure that your rights are protected and your justifiable recovery is received.

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Resource4 RSD.com provides a legal guide to RSD lawyers and attorneys in your state. Contact us today.
Page updated on 11/7/2006.