PENSACOLA, Fla. (JULY 22, 2024) — On July 18th, 2024, a jury in Santa Rosa County Circuit Court awarded $2,900,000.00 in damages to a 37-year-old woman who suffered a traumatic brain injury and was left permanently disabled with a seizure disorder after being hit by a driver insured by Progressive. The jury verdict was a direct result of the case going to trial after the company refused to settle the case for policy limits.
Zarzaur Law’s client’s vehicle was hit while turning into a shopping center on Woodbine Road. The car was hit on the driver’s side rear by the defendant, who was leaving the shopping center attempting to turn left onto Woodbine Road, which significantly damaged her vehicle and also caused permanent bodily injury by suffering a traumatic brain injury from the wreck.
The defendant driver’s car insurance company, Progressive, was given several opportunities to settle the case and protect the defendants from an excessive judgment. Zarzaur Law repeatedly urged the company to settle the case within the limits of their policyholder. Zarzaur Law provided medical records verifying that the client in fact had a severe traumatic brain injury and seizure disorder from the car wreck.
The company refused to settle for policy limits and initially only offered $10,000.00. Zarzaur Law, P.A., brought suit on behalf of the client, arguing that the negligent driver was the cause of her seizure disorder. The defendants maintained that all of the client’s injuries were unrelated to the crash. Zarzaur Law, P.A., knew that the client had never experienced seizures, brain fog, or any additional attributes of a traumatic brain injury before the wreck and emphasized that fact to the jury. It wasn’t until after the lawsuit was filed by Zarzaur Law on behalf of the client that Progressive Insurance offered the $25,000.00. At that point, the law would allow Progressive to be held liable for insurance “bad faith.” The company still did not try to protect its insureds, and instead, Progressive paid a law firm and experts well over $175,000.00 to litigate the case. The company even paid one of its experts $60,000.00 to testify in trial; he was charging $10,000.00 per day at trial.
During the trial, they continued to maintain a top offer of only $25,000.00, despite the plaintiff requesting some movement towards a more reasonable number. Progressive refused to negotiate and never even felt it necessary to have a representative attend the trial.
The jury, after hearing the evidence and after considering all of the defenses from Progressive Insurance’s lawyer, ruled in the plaintiff’s favor and awarded Zarzaur Law’s client $2,900,000.00. The $2,900,000.00 verdict included damages for past medical treatment, future medical treatment, pain and suffering in the past, and pain and suffering in the future.
“We knew that this offer was nowhere near proper compensation for a permanent head injury and seizures that will affect our client for the rest of her life.” Attorney Joe Zarzaur, Zarzaur Law, P.A. “This is what happens when an insurance company acts in bad faith and tries to play games with the livelihood of its customers.”
The judgment will be entered against their insureds in the amount of $2,900,000.00, and there will likely be a bad faith case against Progressive for their actions toward their insureds.
It is always important to consult with a Board-Certified Civil Trial lawyer who has the knowledge and real trial experience to help you. The team at Zarzaur Law, P.A., knows accidents caused by another person’s or entity’s carelessness can be stressful and wants to make the process as easy as possible. You need an experienced personal injury attorney who can fight for you to get the compensation you are entitled to. Call Zarzaur Law, P.A., today at (855) Hire-Joe or visit www.zarzaurlaw.com for more information.
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About Zarzaur Law, P.A.
Joe Zarzaur is a Board-Certified Civil Trial Attorney whose firm has been dedicated to promoting community safety since 2007. At Zarzaur Law, our accident lawyers fight the insurance companies and get justice for our clients. Our clients have been awarded record-setting verdicts in both Escambia and Santa Rosa Counties. OUR AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Medical Malpractice, Motor Vehicle Accidents, Products Liability, Wrongful Death, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida. www.zarzaurlaw.com