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$20M Settlement on $1.5M Policy Limit Attained for CRPS Survivor

Without checking if it was safe, a driver absentmindedly made a quick left turn into a busy city intersection. She slammed on her brakes but could not stop in time, striking a 41-year-old pedestrian who was crossing. The car’s bumper smashed into the man’s left knee, knocking him onto the pavement. He suffered a left meniscus tear and a mild traumatic brain injury. While the Defense disputed the severity of the man’s wounds, his injuries manifested into a painful, debilitating disorder called Complex Regional Pain Syndrome (CRPS). With an animation explaining the complexity and agony of CRPS,  Arash Homampour and Danielle Lincors of The Homampour Law Firm took the case from a $1.5M policy limit to a $20M settlement.

The man was treated at a nearby hospital with complaints of excruciating pain radiating from his left leg. Doctors carefully examined his knee and discovered his degree of pain and swelling were inconsistent with the extent of his tear. Doctors diagnosed him with CRPS, a condition dubbed the “suicide disease” that causes the body’s nerve receptors to become sensitive and transmit disproportionate pain signals to the brain. To alleviate his symptoms, surgeons inserted a spinal cord stimulator into his back. Unfortunately, the surgery was unsuccessful, and his pain continued.

As he recovered, the man retained an attorney who sent a demand letter for the Defendant’s $1.5M policy limit. The insurance carrier admitted liability for the collision but argued the Plaintiff’s meniscal tear was pre-existing and that there was no evidence of a traumatic brain injury. Overlooking his CRPS diagnoses, they valued the case at an underwhelming $100,000.

After the carrier refused to offer the full amount of their coverage, the attorney referred the case to Arash Homampour and Danielle Lincors. To maximize their recovery, the team reinforced a final demand letter and gave the carrier one last chance to settle the case. The demand expired, at which point Arash and Danielle planned for trial and asserted the policy was now open. They stated their client’s CRPS diagnoses substantially increased the value of their case to an amount much more than the policy limits.

To explain the nuances of CRPS effectively, Arash and Danielle needed to link causation to the impact. Additionally, to maximize their recovery, they needed to describe how the disorder devastated their client, as well as to depict the invasive surgeries that could not stop his pain. They brought DK Global onto their team to create an animation that visually demonstrated what CRPS is and its complications.

The animation began by explaining the disorder and how it negatively impacted the Plaintiff’s nervous system. Once the pain impulses reached his brain, his sympathetic nervous system triggered massive inflammation around his leg. Next, the animation described how the ongoing discomfort caused cognitive difficulties, including anxiety and depression. Finally, the unsuccessful surgery was recreated to show the great lengths the man underwent to recover by having a spinal cord stimulator placed in his back.

Once Danielle and Arash shared the animation, the Defense increased their offers to $500K, $1.5M, and $5M. Knowing the value of their case, Arash and Danielle declined. On the eve of trial, both parties agreed to settle the case for $20M.

Arash Homampour was named one of the “Top 30 Plaintiff attorneys in California” by the Los Angeles Daily Journal. He was recognized among the “Top 100 Southern California Super Lawyers” for the seventh year in a row in 2018. As a successful trial attorney, he has attained remarkable results for his clients, totaling over half a billion dollars against many private and public entities.

CAALA member Danielle Lincors represents survivors of catastrophic injuries with her knowledge and experience as a former insurance defense attorney. She represents clients involved in wrongful death matters, product liability, premises liability, and specializes in personal injury cases.

"We loved working with DK Global because many times we're under a time crunch, but at the same time we don't want to sacrifice quality. They can take a lot of our communications, emails, changes and requests, and get the best final product done in a short period of time."
Arash Homampour – The Homampour Law Firm
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