On December 1, 2016, we obtained one of the highest jury verdicts we can find where soft tissue injury of the ankle caused RSD/CRPS. Our client was struck while driving his motorcycle by a woman who claimed he “came out of nowhere.” In actuality, she carelessly ran a stop sign. We successfully obtained a summary judgment from the Court as to liability and fault.
Reflex Sympathetic Dystrophy / Complex Regional Pain Syndrome is a serious, progressive and permanent chronic pain condition. Unlike many injury cases where a client needs to remain inactive to not cause further injury, activity helps prevent atrophy and helps circulate blood flow, so it is different. State Farm, Progressive, GEICO, Allstate and like insurance companies refuse to properly recognize and evaluate this dreadful condition.
During the week of November 28, 2016, we tried the causation and damages aspects of the case and obtained this verdict:
For about 5 years, State Farm’s top and only offer to resolve the case on behalf of its insured was $31,000. We repeatedly offered to settle the case in the $600,000 to $700,000 range. The jury verdict was fair, although even they under-evaluated the severity and progressiveness of RSD/CRPS. Until more is know about this dreadful disease, this may keep happening.
The jury awarded $108,964.74 for past medical bills, $305,000 for future medical bills, $200,000 for past pain and suffering, $200,000 for future pain and suffering and $100,000 for loss of consortium. We thank them for their service. We MUST become more aware as a society of RSD/CRPS and find help or a cure.
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