Orlando Underinsured Rear-End Crash Settles

In July 2003, a vehicle operated by the plaintiff was rear-ended on Lake Underhill Road at its intersection with Mercado Avenue in Orlando. The collision involved an underinsured motorist. The plaintiff later settled with the at-fault driver's insurance carrier for $100,000. The case then proceeded against the defendant, who admitted liability for the collision itself, focusing the dispute on the plaintiff's injuries.

During the trial, the plaintiff presented expert testimony from a chiropractor and a neurosurgeon. The defendant countered with expert testimony from an orthopedic surgeon. The jury determined that the underinsured motorist's negligence was a legal cause of the plaintiff's injuries and that the plaintiff sustained a permanent injury as a result of the accident.

Following the verdict, the defendant filed a motion for attorney's fees and costs, citing a pre-trial settlement offer of $100,000 in addition to $150,000 already paid by the defendant and the tortfeasor's insurance carrier. The plaintiff disputed the application of a previous $50,000 payment. The parties ultimately reached a settlement regarding attorney's fees and costs, waiving all appeals.