Dan Lipman - $2M Verdict Redefines Physical Impairment in Sexual Assault Cases

Colorado Trial Lawyer Connection

The jury in Dan Lipman’s civil case on behalf of a young sexual assault survivor awarded $2,020,000 in three categories of damages: economic, non-economic, and physical impairment. The last category was notable because few, if any, Colorado juries have awarded damages for physical impairment based on emotional trauma.

Now, one has.

“We can’t find another verdict where, in a civil case, a sexual assault victim proved physical impairment not from physical injury, like being beaten, but from the emotional aspect of it. And we think that this is a notable case that will help open the door to other survivors of sexual assault,” he explains to host Keith Fuicelli.

Tune in to hear Dan break down this strategy and other approaches in the Jefferson County case. For lawyers, Dan provides questions they should answer in screening sexual assault cases and, once they’re working with a client, tips for prioritizing empathy.

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Episode Snapshot

• Dan’s focus on sexual assault cases began with the case of a male swimming coach who was having sexual contact with a 16-year-old swimmer.
• The two questions Dan answers when he screens these types of cases.
• The complicated landscape of the statute of limitations for sex assault claims.
• Background of the Jefferson County case where Dan represented a girl who was sexually assaulted by her mother’s fiance.
• In asking for damages, Dan categorized his client’s emotional trauma as physical impairment, a technique that yielded a notable verdict.
• How Dan “ferociously” fought the defense argument that his client’s PTSD diagnosis was created by lawyers.
• If PTSD physically impairs the brain, why not get an MRI? “You want to be really careful to say that imaging can show these impacts. Imaging can show these impacts in some people, and it’s not known which people show these things or not,” Dan explains.
• Dan’s pointers for lawyers taking on sexual assault cases: First, make sure the client wants to go to trial.

The information contained in this podcast is not intended to be taken as legal advice. The information provided by Fuicelli & Lee is intended to provide general information regarding comprehensive injury and accident attorney services for clients in the state of Colorado.