Colorado Springs Compartment Syndrome Lawyer
Key Takeaways
- Deadline: 3 years if a motor vehicle was involved (C.R.S. 13-80-101(1)(n)); 2 years for most other injury claims (C.R.S. 13-80-102).
- If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
- Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.
What is compartment syndrome and why is it a legal issue as well as a medical one?
It is a surgical emergency in which pressure inside a muscle compartment cuts off its own blood supply, and it causes permanent damage within hours if the pressure is not released.
That narrow window is exactly why it becomes a legal question: where the classic signs were present and documented and the response was too slow, the permanent loss that follows may be the result of the delay rather than of the original injury.
What does a delayed diagnosis claim have to prove?
That the signs were there, that the response fell below the standard of care, and that the delay caused the permanent damage — three separate things.
The evidence is in the chart: the recorded observations, pain scores and analgesia requests, the timing of any pressure measurement, and the interval before fasciotomy. Claims against healthcare professionals in Colorado run under their own framework and are legally consequential; get the records reviewed early.
Legal Representation for People in Colorado Springs with Compartment Syndrome
Compartment syndrome is a serious and painful condition that can develop after a severe injury. Crush injuries, bone fractures, and severely bruised muscles can lead to acute compartment syndrome, requiring immediate medical attention. You may be entitled to compensation if you have developed compartment syndrome from injuries caused by an act of negligence.
We at The Bussey Law Firm, P.C. have seen just how debilitating these kinds of injuries can be. Compartment syndrome is considered a medical emergency for good reason. The potential long-term impacts of untreated compartment syndrome can easily leave your life in shambles. Holding those responsible for your injury accountable for the development of your syndrome accountable for their negligence is an incredibly important step in getting justice, as well as compensation. If you or a loved one have suffered from compartment syndrome in Colorado Springs as a result of negligence, call our firm at (719) 475-2555 to set up a free consultation. We want to help you.
What Is Compartment Syndrome?
Groups of muscles in the arms and legs are divided by bands of tissue called fascia. Within each fascia is an opening or compartment containing nerves, blood vessels, and muscle tissue. Compartment syndrome occurs when too much pressure builds up within and between the muscles in the compartments. This pressure is incredibly dangerous as it can cause damage to the muscles and nerves and lead to decreased blood flow in the affected area.
Fascia are incredibly stiff, and so do not expand, even when pressure has built up inside a compartment. That means that this pressure has nowhere to go, and will keep building until it is relieved. When swelling begins within a compartment, it pushes the fascia against the muscles. This can block blood flow in the area and lead to permanent damage.
Common Causes of Compartment Syndrome
Acute compartment syndrome is often caused by severe trauma to a limb, for example in a motor vehicle accident or a construction accident. As experienced Colorado Springs personal injury attorneys, we have worked with many clients who developed compartment syndrome. In our experience, some of the more common causes of compartment syndrome include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Bus accidents
- Slip-and-fall accidents
- Defective products
- Swimming pool accidents
- Bandages that have been applied too tightly
- Construction site falls
Any accident that can cause the muscles in a compartment to become bruised and injured, thus causing swelling and pressure, has the potential to result in compartment syndrome. Compartment syndrome, if left untreated, can cause mass cell death, which can result in a number of issues such as organ damage, muscle death, and even the paralysis of the impacted limb. Quick treatment is key in preventing further complications.
Compartment Syndrome Diagnosis and Treatment
To diagnose acute compartment syndrome, the doctor will measure the pressure in the compartment, as well as ask you about the symptoms you are experiencing. Symptoms of compartment syndrome include:
- Intense pain in the impacted limb
- Pain that increases when the muscle is used or stretch
- Tingling or burning sensation in the skin
- Full or tight feeling in the muscle
- Paralysis or numbness (late symptoms indicating permanent damage)
Acute compartment syndrome requires emergency surgical intervention. The doctor makes an incision through the skin and fascia covering the compartment. The swelling may be too severe to close the incision immediately, in which case it will be repaired surgically after the swelling subsides. A skin graft may be needed.
Treatment should be given as quickly as possible. The pressure that occurs with compartment syndrome can decrease blood flow to the affected area. This deprives the nerves and muscles of essential oxygen and nourishment. Without emergency medical attention, compartment syndrome can cause permanent disability and tissue death. Which is why if you believe you have compartment syndrome, but your diagnosis is taking too long, you should seek a second opinion. After your diagnosis you should receive the surgery as soon as is possible in order to avoid any lasting complications.
Why You Need a Colorado Springs Compartment Syndrome Lawyer
If you developed compartment syndrome after an accident caused by the negligence of another, it is in your best interests to speak with an experienced lawyer as soon as possible. This is a serious medical condition requiring emergency surgery and hospitalization, and if not treated quickly, could lead to permanent disability. Even if your compartment syndrome is treated quickly and effectively, the stay in the hospital, the surgery, and any medication or physical therapy required for recovery will likely run you a high hospital bill. Thankfully, if your compartment syndrome was caused by someone else’s negligence, you make have options.
Our lead Colorado Springs personal injury lawyer at The Bussey Law Firm, P.C. provides individualized representation and works to recover the compensation you deserve. He has been named among the National Trial Lawyers Top 100 Trial Lawyers, rated AV® by Martindale-Hubbell®, and rated 10.0 Superb by Avvo. We offer a free initial consultation with no obligation. Contact us at (719) 475-2555 if you have suffered compartment syndrome after sustaining an injury in an incident in which another party acted in a negligent manner, whether a vehicle accident, construction accident, or other incident causing an impact on the body.
Additional Information
- Compartment Syndrome - Merck Manual
- Compartment Syndrome - MedlinePlus
- Compartment Syndrome - OrthoInfo - AAOS
How does compartment syndrome happen, and who is liable?
Compartment syndrome occurs when crush injury, a fracture, or a burn increases pressure inside a muscle compartment, cutting off blood flow. The person or entity whose negligence caused the crush injury is liable for all resulting treatment and disability.
Compartment syndrome is a surgical emergency triggered by a traumatic injury that causes swelling inside an enclosed space of muscle and fascia. A motor vehicle accident causing a crushed limb, a premises liability incident such as a building collapse or heavy machinery accident, or a pedestrian injury can all lead to compartment syndrome. Under Colorado negligence law, the party whose breach of duty caused the initial injury is liable for all downstream harm, including the compartment syndrome and any emergency surgery required. This is called proximate causation: the defendant's negligence was the direct cause of the chain of events that led to the injury. A driver who hits a pedestrian and breaks their leg is liable not only for the fracture but also for compartment syndrome that develops as a result.
Time is critical. Compartment syndrome must be diagnosed and treated surgically within hours to prevent permanent nerve damage, muscle death, and limb amputation. Catastrophic injuries often begin with compartment syndrome that was missed or delayed in diagnosis. The negligent party's liability includes not only the cost of the emergency fasciotomy (surgical decompression) but also years of follow-up care, disability, lost wages, and in severe cases, wrongful death. Call our personal injury attorneys immediately if you or a loved one has been diagnosed with compartment syndrome after an accident.
| Injury cause | Source of negligence | Liable party | Deadline |
|---|---|---|---|
| Crush injury from motor vehicle collision | C.R.S. 13-80-101(1)(n) motor vehicle negligence | Driver and vehicle owner | 3 years from accident |
| Building collapse or heavy machinery | C.R.S. 13-80-102(1)(a) premises and product negligence | Property owner or manufacturer | 2 years from accident |
| Pedestrian struck by vehicle | C.R.S. 13-80-101(1)(n) motor vehicle negligence | Driver and vehicle owner | 3 years from accident |
| Fall from height with fracture | C.R.S. 13-80-102(1)(a) premises negligence | Property owner or occupier | 2 years from accident |
What damages can be recovered when compartment syndrome is caused by negligence?
Damages include emergency surgery costs, hospital stays, follow-up treatment, lost wages, pain and suffering, and permanent disability or amputation. Colorado law allows recovery for all foreseeable harm caused by the defendant's negligence.
The measure of damages in a compartment syndrome case is the plaintiff's actual out-of-pocket losses plus compensation for pain, suffering, and permanent disability. This includes all necessary medical treatment, not only the initial fasciotomy but also wound care, skin grafts, rehabilitation, and long-term management of nerve damage or muscle death. If compartment syndrome results in amputation or permanent loss of function, damages include lifetime disability compensation, vocational retraining costs, home and vehicle modifications, and loss of earning capacity. Colorado law does not cap non-economic damages (pain and suffering) in personal injury cases, so a jury can award substantial compensation for the plaintiff's lifelong impairment.
Documentation is critical. The plaintiff must provide medical records showing the defendant's negligence caused the initial injury, that the injury caused compartment syndrome, and that the syndrome caused the treatment and disability. This requires expert testimony from an emergency medicine physician or surgeon who can establish the causal chain. Call our car accident lawyers or serious injury attorneys immediately after diagnosis — the sooner your case is investigated, the sooner you can be compensated for your losses.
| Damage category | Type | Example |
|---|---|---|
| Emergency treatment | Economic | Fasciotomy surgery, anesthesia, operating room, surgeon fees |
| Hospital and ICU stay | Economic | Daily hospital charges, intensive care, medication administration |
| Follow-up surgery | Economic | Debridement, skin graft, infection treatment, additional decompression |
| Rehabilitation | Economic | Physical therapy, occupational therapy, home health care, prosthetics |
| Lost wages | Economic | Past and future lost income from time unable to work |
| Pain and suffering | Non-economic | Physical pain, emotional distress, loss of enjoyment of life |
| Permanent disability | Non-economic | Lifetime impairment, amputation, loss of limb function |
| Vocational retraining | Economic | Cost of job retraining if unable to return to prior occupation |
What must be proven to hold the defendant liable for compartment syndrome?
The plaintiff must prove the defendant owed a duty of care, breached it, and directly caused the crush injury that led to compartment syndrome. Colorado's negligence framework applies the same standard to compartment syndrome as to any other injury.
Liability for compartment syndrome depends on proving negligence, which requires evidence that the defendant owed a duty of care, breached it, directly caused the crush injury, and the injury led to damages. These elements are established through evidence: a police report showing the driver's negligence in a collision, medical records linking the collision to the crush injury, surgical records documenting the compartment syndrome diagnosis, and testimony from medical experts explaining how the injury caused the syndrome and what treatment was required. The defendant does not need to have known that compartment syndrome would result — only that the negligent act would likely cause injury. A driver who negligently hits a pedestrian and breaks the victim's leg is liable for compartment syndrome that develops, even if the driver never heard of compartment syndrome before.
Comparative negligence can reduce recovery. Under C.R.S. 13-21-111, if the plaintiff was partly at fault — for example, if a pedestrian was jaywalking when hit — the jury may assign a percentage of fault to the plaintiff, and damages are reduced accordingly. If the plaintiff is 50% or more at fault, recovery is barred entirely. An experienced Colorado Springs personal injury lawyer will investigate the accident, identify all potential defendants, and build a case to minimize any assigned fault to the plaintiff while maximizing the defendant's liability.
| Element | What must be proven | Evidence |
|---|---|---|
| Duty of care | The defendant owed a legal duty to the plaintiff not to injure them | The duty exists whenever a person's actions could foreseeably harm another |
| Breach of duty | The defendant's conduct fell below the standard of a reasonably careful person | Police report, witness testimony, violation of traffic law or safety regulation |
| Causation | The breach directly caused the injury that led to compartment syndrome | Medical records linking accident injury to crush, crush to syndrome diagnosis |
| Damages | The plaintiff suffered measurable injury and loss from the compartment syndrome | Medical bills, lost wages, medical testimony about permanent disability |
Sources
Injury claim videos from The Bussey Law Firm
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What Are the Colorado Deadlines and Rules on This Claim?
Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.
| A claim arising from the use or operation of a motor vehicle | 3 years — C.R.S. 13-80-101(1)(n) |
|---|---|
| Most other personal injury claims | 2 years — C.R.S. 13-80-102 |
| If you were partly at fault | Damages reduced by your share, barred at 50% — C.R.S. 13-21-111 |
| Where a Colorado Springs claim is filed | El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903 |
Sources and References
- Colorado Revised Statutes, Title 13 (Colorado General Assembly)
- El Paso County Combined Courts — Colorado Judicial Branch
- The Bussey Law Firm, P.C. — Google Business Profile
Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.
Past results do not guarantee future outcomes. Every case is decided on its own facts.
Our Colorado Springs Office
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
(719) 475-2555
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