wife had trial and defendant was found to be negligent but no money was awarded. What can be done about this as she has suffered for 7 years with RSD. And just because some stupid doctor put in his medical records from a previous accident that she had rsd just because she simply asked him if she did and HE said no (I was there) but its all over records prior to current accident. jury gave no monetary compensation because of this and the previously mentioned doctor never gave any treatment for his so called rsd diagnosis.
OK I'll be the lightening rod here. The answer to your question is that a civil jury verdict can find negligence on the part of the defendant, but find that there are no causally related camages.
Causation is the most overlooked element in negligence cases. In other words, it is not enough to claim that (1) there was a breach of duty, (2) there are damages, (3) pay. (1) and (2) must be tied together with a link of causation. This seems so simple and obvious that it is often overlooked. Juries are exhaustively instructed on the elements of negligence. So, they go over the evidence and if causation is missing, this is a possible verdict.
You must review the next steps with your attorney ASAP because there are very short, strict deadlines on post trial motions and on notices of appeal. Only the attorney who tried the case can make the determination as to the best approach.
Here is an article on preexisting injuries:
RSD causation is tough. My hat is off to your lawyer for trying the case. Good luck.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
I am sorry to hear about your wife's condition. Unfortunately, a jury may decide which expert to believe and may disregard the testimony of all experts. While they found the defendant negligent, they apparently concluded that there was another cause of her RSD. Unless the trial judge made an error during the trial, it is unlikely that you would have a ground to appeal simply based upon the verdict. If the Defendant did not put on expert testimony challenging the RSD, your attorney may also wish to consider a motion to set aside the verdict as against the weight of the evidence. You did not mention when your trial was, but there are very limited time periods to file post trial motions. You should discuss these issues promptly with your attorney.
Best of luck to you and your family.
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