West Palm Beach Jury Awards $15,000 in Rear-End Collision

A driver filed a lawsuit against her uninsured motorist insurer following a rear-end collision in West Palm Beach, Florida, on March 12, 2007. The plaintiff alleged she was injured when another vehicle, driven by an underinsured motorist, struck her car near the intersection of 45th Street and Haverhill Road. The plaintiff sought damages for her injuries, including claims of permanent injury, under her policy's uninsured motorist benefits.

The defendant insurer acknowledged the plaintiff's uninsured motorist coverage but disputed the extent of her damages and whether she sustained permanent injuries. The defendant asserted affirmative defenses, including the plaintiff's alleged contributory negligence for not wearing a seat belt and third-party negligence. Both sides presented medical experts, specializing in areas such as orthopedic surgery, pain management, chiropractic care, and neurosurgery, to support their claims regarding the plaintiff's injuries and their causation.

After a three-and-a-half-day trial, a six-person jury deliberated for two and a half hours. The jury awarded the plaintiff $15,000 for past medical expenses but found no damages for future medical expenses. The jury also determined that the plaintiff did not sustain a permanent injury as a result of the incident. The defendant had previously offered to settle the case for $21,500, which the plaintiff declined. A subsequent motion for a new trial filed by the plaintiff was denied.